Category Archives: Business Litigation
Problems With Getting Current Employees to Sign Non Compete Agreements
Let’s say you are in a business or industry where noncompete agreements may benefit or protect you. You certainly know that noncompete agreements are legal, and you have a sense that most if not all of your employees would sign them if you asked (or required) them. The problem is that your employees are… Read More »
Understanding Important Terms in Your Commercial Lease
Signing a commercial lease can be one of the most important things that you do as a brick and mortar business. No matter what kind of business you are, a lease can make or break your business; it can increase expenses to the point that you cannot keep the doors open, and can keep… Read More »
Pre and Post Judgment Interest in Your Contracts Are Important to Have
If you go to court and a court awards you a dollar figure to compensate you for financial losses, it isn’t just the damages that stem from the contract that the court will award you. There is also something known as prejudgment interest. This kind of interest can add up, compensating you more fully… Read More »
Are You or Your Clients Handling Other People’s Credit? Watch Out for CROA
As attorneys, there are a number of situations when we may be called upon to assist consumers with their credit. You may have a client that is a victim of identity theft, and now has items on his or her credit that shouldn’t be there. Maybe you deal in real estate, and every now… Read More »
Recognizing a Hostile Work Environment in Your Workplace
When running a business or a workplace, you may already know to watch out for sexual harassment or discriminatory practices. But often, these things happen in what is known as a hostile work environment. This is a very particular type of harassment or discrimination, that can be hard for a business owner to identify—but… Read More »
Can You Prevent a Written Contract From Being Modified by a Later, Oral Agreement?
If you have a written contract, after that contract is entered into, it may seem that the contract is the final, definitive word on the rights, duties and obligations to that contract. But that’s not always the case, because what happens after the contract is entered into, can modify the terms of the otherwise… Read More »
Do You Have a Trademark? You Better Protect It
If you have a slogan, style, logo, or saying that is associated with your business, you may already know that to be fully protected, you need to trademark whatever it is that is unique to your business. And if you have already gone through the trademark process, congratulations—you’ve taken a big step to being… Read More »
Can You be Liable For Things Others Post on Your Website or Social Media?
If you have a website or an online presence, either your own or through social media, you want customer and client engagement. Discussions, comments and opinions can make you money online. But sometimes, people say things you may not want them to say. Specifically, they may defame other people. Can you be sued if… Read More »
What is Constructive Discharge and Could it Get You in Trouble?
If you have a business, you probably are somewhat aware of the situations where you don’t want to discriminate. But it does happen that for whatever reason, you may have an employee that, frankly, you just don’t like. Your Plan Let’s say you are concerned that firing an employee can get you in legal… Read More »
Indemnity: What it Means, and Why it Could Affect You
Imagine that you are signing a business contract with a vendor or customer or client. At the end of that contract or buried somewhere in the middle, is a provision called “indemnity.” You sign the contract. Little do you know it, but signing that indemnity contract just puts you on the hook for the… Read More »
Don’t Get in Trouble for Using Dark Patterns on Your Website
If you have an online business, it probably thrives on the ability to sign up customers, or get them to make purchases, and the ability to avoid customers from canceling your product or service. This is especially true if you utilize a subscription model for your business. But be very careful—the Federal Trade Commision… Read More »
Can You be Sued for Discriminating on the Basis of an Employee’s Size or Weight?
Imagine that you have an employee, and the employee is not performing up to standards. You fire, or demote that employee. The employee, a larger person, then contends that you fired him or her, because of size—that is, the employee accuses you of discriminating because of his or her obesity condition. Can you be… Read More »
Handling Cyber Attacks to Avoid Legal Problems
Even though our world is getting more and more technologically advanced, you, individually as a business owner, may not be. You got into your business to do that business—not to become an IT professional. And yet, as a business, you have certain responsibilities surrounding IT, that can get you into legal problems if you… Read More »
Important Steps for Building a Strong Business Litigation Case
Business litigation can be extremely complex. It involves navigating legal frameworks, statutes, regulations, and case law. The laws governing business transactions, contracts, intellectual property, employment, and other aspects of business can be intricate and subject to interpretation. Preparing for business litigation requires careful planning, thorough documentation, and gathering strong evidence to support your case…. Read More »
Business Litigation in the Digital Age: Addressing Online Defamation and Cybersecurity Breaches
The first step is to understanding how the digital age has affected business litigation is to clarify what we mean when we refer to this time period. Simply put, the digital age refers the current era, where digital technology forms the backbone of modern society. This includes everything from cloud computing and data analytics… Read More »
INFORM Consumers Act Now in Effect – Is Your Business Ready?
The Integrity, Notification, and Fairness in Online Retail Marketplaces for Consumers Act – or the INFORM Consumers Act – has taken effect as of June 27, 2023. The act was passed by Congress to add more transparency to online transactions and to deter criminals from acquiring stolen, counterfeit, or unsafe items and selling them through online marketplaces. The… Read More »
How to Choose the Right Commercial Litigation Attorney for Your Business
Choosing the right commercial litigation attorney for your business is crucial to ensure effective representation to protect your interests in legal disputes. When considering which commercial litigation attorney you should choose, keep the following tips in mind: Experience and Expertise: Look for an attorney with significant experience and expertise in commercial litigation. They should… Read More »
Mitigating Risk in Commercial Contracts
When drafting commercial contract clauses, it’s important to be aware of common mistakes that can undermine the effectiveness or enforceability of the contract. Therefore, mitigating risk in commercial contracts is essential for protecting the interests of all parties involved. Here are some key factors to keep in mind when drafting and negotiating commercial contracts:… Read More »
What Are the Pros and Cons of Mediation in Business Litigation?
Mediation plays a significant role in business litigation as an alternative dispute resolution (ADR) method. It involves a neutral third party, the mediator, who assists the parties in reaching a mutually acceptable resolution to their dispute. Here are the pros, cons, and best practices associated with mediation in business litigation: Pros of Mediation: Cost-effective:… Read More »
Anti-SLAPP Laws Cited in Dismissal of Marilyn Manson Defamation Suit: What is a SLAPP lawsuit?
A very public legal battle between musician Marilyn Manson and actress Evan Rachel Wood (and additional defendant, Illma Gore) has put a spotlight on SLAPP laws. A California judge recently tossed out the bulk of a defamation lawsuit against Wood that Manson filed in early 2022. Wood’s two-part HBO documentary, Phoenix Rising, had just been… Read More »
