Category Archives: Commercial Litigation
Understanding Associational Discrimination Claims Under the ADA
Many of us are unfamiliar with our legal responsibilities under the Americans With Disabilities Act (ADA) and the requirement to avoid discrimination towards and to accommodate those with recognized disabilities. But one part of the ADA that many people don’t know even exists is the prohibition on discriminating against those employees who are associated… Read More »
What is Unjust Enrichment?
Did you ever think that you could win a lawsuit just because what happened to you wasn’t fair? No contract, no agreement, no fancy laws. Just the idea that, well, you got the short end of the stick. It may not sound very legal, but that’s actually a real legal theory, which can allow… Read More »
The Use of Copyrighted Music at Political Campaign Events
Every election cycle, we often hear the same thing. A candidate used a particular song at a campaign rally or event, and the artist objects, and insists that the candidate stop using his or her copyrighted musical work. Are Politics Always Public? We tend to think of politics as being in the public domain…. Read More »
Protecting Your Business From Unwanted Owners and Shareholders
When you go into business, you generally can choose who you want to be in business with. You can choose your partners, or your managing members if you’re an LLC, or who you want to sell your shares to if you’re not publicly traded. When Someone Loses Control of Your Business But you do… Read More »
Practical Tips to Avoid Employment Lawsuits
Lets face it: anybody can sue for anything. There’s no guardian at the courthouse that sits there prohibiting people from filing frivolous or meritless lawsuits. That means that the trick to avoiding litigation is in doing things that make it less likely that people will sue. And while you can’t control the whole world,… Read More »
The Use of General Magistrates in Commercial Litigation Cases
One of the biggest complaints people have about the legal system is the time that it can take to get a case from the moment a lawsuit is filed to a resolution. Part of the problem is just overworked and overloaded court systems; there just aren’t enough judges and courthouses and resources to manage… Read More »
What is Civil Conspiracy?
You may have heard of criminal conspiracy. That’s when more than one person works together and takes individual acts to further, or participate in, a criminal act. The actors don’t have to be at the scene of the crime, or actually commit the crime, so long as they are taking some actual act in… Read More »
Should Your Case be Heard in Federal Court?
If you file or defend a lawsuit, at some point, your attorney may discuss with you the possibility of filing in either federal or state court, or else, of asking the court to remove an already filed case from one to the other. But what are the benefits or drawbacks of each? Stricter, But… Read More »
Asset Protection and Fraudulent Transfers: What’s the Difference?
Asset protection is smart. It allows you to put assets in places that creditors cannot reach or collect on. But there is a fine line between legitimate, legal asset protection, and a fraudulent transfer, and blurring that line can get you in some trouble—as well as expose your assets to creditors. What is a… Read More »
Proposals for Settlement: Getting Attorneys Fees When You Otherwise Can’t Get Them
The American rule states that the winning party in a lawsuit doesn’t automatically get its attorneys fees just for being the winner. Rather, there must either be a contract providing for prevailing party attorneys fees or a statute that awards attorneys fees. The Proposal for Settlement But there is one other way to get… Read More »
Retaliation Can be Alleged Even Based on Oral Complaints by an Employee
It is widely accepted that for employees to have a right to sue for retaliation, they must put their complaints or concerns in writing. That is, if an employee feels that an employer is doing something wrong and makes a complaint about it, in order to later say that the employee was retaliated against,… Read More »
Seller Sues Broker For Not Disclosing Buyer Jeff Bezos’ Identity
In many real estate contracts, buyers and sellers end up in lawsuits over concerns of what their brokers or agents—or even the other side to the contract—should have disclosed to them. A recent lawsuit is doing the same, but this time, with a very interesting allegation over what the seller feels that he should… Read More »
Collecting Against Consumers, and the Head of Household Exemption
Let’s say that you get a judgment against someone who owes you money. You then proceed to try to collect on that judgment, but your attorney tells you that they are claiming a head of household exemption, and that because of that, it will be difficult if not impossible to collect what is owed…. Read More »
Crucial Differences Between a Corporation and an LLC
A Limited Liability Corporation or LLC can provide the flexibility your business needs, with some advantages that a traditional company may not have. But a lot of us are not familiar with the structure, voting, and corporate documents involved in the formation and maintenance of an LLC. The Operating Agreement Like a corporation, an… Read More »
Include These Provisions in Your Independent Contractor Agreements
Independent contractors can provide vital services to your business. But don’t be mistaken in thinking that just because a contractor is independent, no business contract is needed between your business and the contractor. There are many provisions that you may need to spell out in a contract with an independent contractor that you normally… Read More »
Practical Tips for Collecting Accounts Receivable
Debt collection can be fraught with legal pitfalls, but it can also be the lifeblood of your business; collecting on accounts receivable or unpaid bills is how your company brings in the cash flow it needs to pay its bills. The last thing you want to happen when you’re collecting on a debt is… Read More »
What is Reformation and Why and How is it Used?
In life, mistakes happen. But when they happen when a contract or other legal document is written, it can have severe consequences; the rights, duties, and expectations of the parties can be forever altered because of an error in a document. What Did the Parties Intend? Contracts as a matter of law are supposed… Read More »
Avoid Asking These Questions to Job Applicants
It is natural when hiring potential employees, to want to learn about them, and that takes asking questions. But you may be surprised to learn that many things that employers ask of possible hires often get those employers in trouble. There is no hard and fast checklist of what you can and cannot ask… Read More »
Can You Get Attorneys Fees For Collecting on Your Judgment?
When you file a lawsuit, you often give thought to whether or not you’ll win. But a smart attorney knows to also give thought to whether you will actually ever collect on any money that you may win. After all, a judgment without pockets to pay that judgment, is just a sheet of paper…. Read More »
Embezzlement: What Is It, and Is There a Civil Remedy?
We don’t often think of criminal law and business law as mixing. But many things that can happen in business, can not only lead to civil liability, but criminal liability as well. One common crime that many business owners find themselves facing—whether they are accused of doing it, or whether they are a victim… Read More »
