Category Archives: Business Litigation
Class-Action Lawsuit Filed Against Peloton
Peloton, the makers of the $4,295 Tread+ are being sued after a string of injuries and one child’s death were reported in connection with usage of the machine. In Northern California’s District Court, Shannon Albright has filed a personal injury lawsuit against Peloton Interactive, Inc. claiming that the current warnings Peloton offers do not… Read More »
Is Every Employee Liable For Corporate Fraud Or Conspiracy? Maybe Not.
Imagine this: A large company is involved in a fraudulent scheme. Maybe the Florida Attorney general gets involved, maybe aggrieved parties file private lawsuits against the company. Certainly, the company may be liable, but individuals in the company may also be liable. Which Individuals Are Liable? But how many individuals in the company may… Read More »
Paying Off Foreign Government Officials Can Get You In Trouble
Bribery: You’d never do it and you know it’s wrong. But if you’re doing business overseas, what if that kind of thing is more accepted? Is it Ok to pay off someone in a foreign government if that kind of thing is OK in that foreign country? Would You Need to Bribe a Foreign… Read More »
What To Do If Your Business Is Sued To Claw Back Property
Let’s say that one day your business gets a great deal. Maybe a steal on a great piece of equipment, or a vehicle, or some other item. You think you’ve hit the jackpot. Then, out of nowhere, you get sued by a bankruptcy trustee, who is saying something about a “clawback.” What is that,… Read More »
Nike Files Trademark Infringement Suit Against Rapper
Copyright and trademark infringement happens in many different ways. But recently, shoe maker Nike found out that when it comes to its sneakers, infringement and human blood will lead to a legal battle. Alteration of a Trademark As a general rule, you cannot take someone’s trademark or copyright and alter it only slightly, sell… Read More »
Protecting Yourself From The Other Side’s Bankruptcy
If you are about to contract with someone else or another company, you may want to make sure that the other side fulfills its contractual obligations. Yes, you can put in the contract any penalty you want (within reason), and can sue if the other side doesn’t abide by their obligations…but what about bankruptcy?… Read More »
The Corporate Transparency Act Is Coming
Federal law is set to change, and the changes will put new burdens on privately owned companies. This is rare, as usually federal regulations monitor and regulate public companies. Disclosures of Owners and Those in Control The new law, called the Corporate Transparency Act, will require private companies to disclose to the government the… Read More »
The Difference Between Nonprofits, and For Profit Companies
If you are thinking about starting a nonprofit organization, you may think that it’s just like a private business, only for a charitable purpose. But there are a lot of differences between for profit companies and nonprofit companies, and even differences amongst the kinds of nonprofit companies themselves. Making Money is OK To dispel… Read More »
What is a Fiduciary Duty?
When one party owes a fiduciary duty to another, that party can be sued for violating that fiduciary duty. The existence of a fiduciary duty can mean that one party has a heightened obligation to care for, or keep the person’s word, towards the other party. But what is a fiduciary duty? Do you… Read More »
Understanding Fraudulent Transfers Can Help You Collect on Your Judgment
Asset protection is a valuable, useful and legal way to protect assets from creditors. But if it’s not done the right way, it can become a fraudulent transfer. Knowing the difference can be the difference between protecting your assets, and losing them. What Side Are You On? When it comes to fraudulent transfers, there… Read More »
What Fiduciary Duties are Owed by Directors to a Company in Bankruptcy?
If you are an owner, manager, or director of a company or an LLC, you may already know that you owe fiduciary duties to the company. But what are your duties to the company when the company is closing, is insolvent, or on the verge of insolvency? Do your duties and obligations to the… Read More »
Defenses When Your Business is Sued Under the ADA
If your business has been hit with a suit alleging a violation of the Americans With Disabilities Act, you may be confused, and frightened. But there are ways out of these kinds of lawsuits and understanding what to do when you are sued under the ADA can help you minimize legal exposure for your… Read More »
Don’t Forget Interest on Your Judgment in Your Contracts
When you file a lawsuit against another business, that lawsuit may take some time before it finally resolves. When it does, and you get whatever damages you are entitled to, you may be asking whether you will also be paid for the time that it took for you to actually litigate and try the… Read More »
Fraud Isn’t Enough, You Need to Show Reliance on the Fraud
Fraud is a crime, and in the civil arena, if you are a victim of fraud, you would have a good reason to excuse your performance under a contract or an agreement that is obtained by fraud. But there is more to a fraud defense than you may think. Not only must you show… Read More »
What is a PLLC?
When forming a business, many business owners will try to decide between forming as a corporation, an LLC, or a partnership. Many people, however, don’t give much thought to the Professional Limited Liability Company (PLLC). What is a PLLC, and how does it differ from the more common Limited Liability Company? A Professional Organization… Read More »
Using Provisional Corporate Directors to Break a Tie
You’ve taken the time to draft corporate bylaws or other documents to ensure that decisions in your company are made swiftly and efficiently. You’ve taken the time to make sure that if there’s a decision to be made, it can be made. But inevitably, despite all your best laid plans, you find that one… Read More »
Be Careful if You’re Pulling Consumer Credit
Depending on the nature of your business, you may find it necessary-or good practice-to check the credit of your clients or customers. Credit checks are used not just for loans, but for rentals, employment, and for general background checks. But pulling credit in violation of federal law can lead to harsh and expensive penalties…. Read More »
What is Unconscionability?
Courts and the law have an interest in making sure that contracts are enforced. Not every contract is fair, and both sides don’t always get equal parts of a deal in a contractual agreement. If simply being “unfair” were a defense to a breach of contract action, you can imagine it would be near… Read More »
Online Sellers and Businesses Can Be Liable for Defective Products
If you have an online business that sells products, you may not know that you are liable if the products you sell injure someone. Of course, that may seem obvious if you’re selling your own products—that is, products that you are making or manufacturing. But even if you’re a “middle man,” selling products made… Read More »
When Are Virtual Corporate Meetings Legal?
As the pandemic continues, most companies have started to adapt. Those adaptations likely include meeting with shareholders, board members or officers virtually. Many made the transition out of necessity, and in most cases, virtual meetings won’t be challenged or invalidated by courts. Virtual meetings of all kinds are generally legal, so long as certain… Read More »
