Category Archives: Commercial Litigation
Do You Need an Attorney to Start a New Business?
If you are starting a new business, you may be inclined to try to cut some time and costs, and do it on your own. While on the surface that may seem appealing, it is ultimately not a very good idea. Starting it Online Legally, you can start a business on your own, without… Read More »
Renting Property? Avoid These Fair Housing Violations
If you have property that you rent out, it’s probably time that you were up to speed on some basics of fair housing discrimination in rental properties. Many landlords are unaware of the rules, and can inadvertently find themselves on the wrong end of a discrimination lawsuit. It should come as no surprise that… Read More »
Important Provisions in Joint Venture Agreements
If you have a company and you’re thinking about entering into a joint venture agreement, be wary—joint ventures can lead to a host of legal problems if they aren’t done correctly. Because a joint venture often entails the sharing of resources, know-how, money, assets, and even trade secrets, you’ll want a joint venture that… Read More »
FTC’s “Click to Cancel” Rules are Here
Subscription model pricing has become very popular nowadays. So popular that the government is concerned that the subscription model is being taken advantage of, and that consumers who subscribe to these services or models may have a hard time unsubscribing. Because of that, as of January 2025, a new rule that will take effect… Read More »
Understanding Venue and Forum Non Conveniens
When you file a lawsuit, the court that you select to file the case in is called the venue. There are a lot of rules about where a case can be filed. Many concern whether you’re in state or federal court, or whether you’re in small claims, county, or a circuit court, and some… Read More »
Conversion and Civil Theft: What’s the Difference?
Although theft is a criminal action, it also has a civil counterpart—in fact, there are a few areas where people can recover for stolen property in civil court, recovering the value of the property as the measure of damages, all without getting the criminal justice system involved. Conversion of Property One such cause of… Read More »
Protecting Your Company’s Trade Secrets and Intellectual Property
In many ways, intellectual property (IP) is as much, if not more valuable than actual, tangible property. And yet, while we will keep physical property under lock and key, many business owners can get a bit sloppy about protecting their intellectual property. Here are some common sense ways that your business can protect its… Read More »
Basics of Mergers and Acquisitions
In the news, it seems like most mergers and acquisitions are between large, Fortune 500 companies—certainly not something your smaller or mid sized business would ever consider or worry about. But then one day it happens: someone comes to you with a proposal, or an offer, and it involves exactly that—a merger or an… Read More »
When Do You Need a Confidentiality Agreement?
You may have a general idea of why it’s a good idea to have a confidentiality agreement. And you may even know what to put in your confidentiality agreement, to make it enforceable and to ensure that it says what you need it to say. But have you given any thought to when you… Read More »
Microaggression: When Small Workplace Harassment Causes Big Problems
If you have a workplace you are probably on the lookout to spot, recognize, and stop harassing, insulting or degrading comments made to any marginalized group or protected class of employees. You hopefully have comprehensive policies about how to spot, stop, and report when this happens. But there is another kind of harassment at… Read More »
You Can Represent Yourself, But Should You?
So you or your business have a lawsuit that needs to be filed, or perhaps you or your business are the one being sued. The case seems “small,” perhaps, easy to win or defend, or the amount in controversy doesn’t seem large. It can be very tempting to ask whether or not you need… Read More »
The Duty to Repair in Commercial Leases
There are a lot of differences between residential and commercial leases, but one major difference is that there are a lot more laws that govern leases between residential tenants and landlords. For businesses, this can create some confusion and uncertainty, because there are no “standard provisions” in commercial leases, and there are few legal… Read More »
Derivative and Direct Shareholder Actions: What’s the Difference?
A company with shareholders owes duties towards its shareholders. There is no one comprehensive list of those duties, but generally, a company and its owners or officers must act diligently, intelligently, with due care, and should avoid things like self dealing or conflicts of interest that put them, individually, ahead of the good of… Read More »
Basics and Benefits of C Corp Taxation
There is an irony to taxation when it comes to forming businesses. On the one hand, nobody wants to pay taxes, or certainly, they don’t want to pay more than they have to. On the other hand, when considering the pros and cons of starting a business many new business owners overlook the tax… Read More »
Legal Hurdles and Issues for Podcasters
So you want to start a podcast – or maybe you already have. Among the many things to consider as you put yourself and your opinions online, probably the thing you least think about are legal issues. But if you’re in the public eye, you do need to be mindful of the types of… Read More »
Understanding the Defense of Duress
In contract law, we must enter into contracts under our own free will. This means that contracts entered under pressure—legally, called duress—are invalid. But life has a lot of stressors, and many contracts are entered into under circumstances that are stressful. Does that make almost every contract subject to be invalidated just because someone… Read More »
Influencer Lawsuit Could Change Online Landscape for Creators
If you post online content, either individually or in connection with your job or business, you probably already know not to steal anybody’s intellectual property. Things like songs, logos, designs, or phrases belong to whomever publishes them, and ripping those off and claiming those as your own can get you sued. But what about… Read More »
What is the Essential Functions Test Under the ADA?
Let’s say that you have an employee who comes to you with a disability and requests an accommodation. You try, but the employee says that you didn’t do enough to accommodate him or her, and you end up being sued for violating the Americans With Disabilities Act (ADA). It may seem like a tough… Read More »
Liability When Realtors Make Errors or Omissions
If you are a realtor, you probably don’t give much thought to being sued. Realtors aren’t on the top of people’s minds when it comes to litigation-risky professions. And yet, realtors are entrusted with deals that are often worth as much or more than the typical daily business contract deal. When there’s that much… Read More »
Material Breaches, Time Deadlines and Payment Deadlines in Contracts
When there is a breach of contract, you can sue, and get your damages. That sounds easy, but is that really all there is to it? Not exactly, because what a lot of people don’t realize is that often, it’s about what type or kind of breach has occurred. Different Breaches As a general… Read More »
