Category Archives: Business Litigation
How is Breach of Fiduciary Duty Determined?
Whether it is an attorney, accountant, or business partner, you put great trust in the professionals you work with. These professionals often owe their clients (or partners) a fiduciary duty. A professional may be legally liable for damages caused by a breach of fiduciary duty. This raises an important question: How is a breach… Read More »
What are the Consequences of a Breach of Contract in California?
A violation of a binding contract’s terms is called a breach of contract. Breaches can range from a failure to deliver an agreed-upon service or could be as simple as a late installment payment. In California, contracts can be either written or oral in some circumstances. While some people might think that a breach… Read More »
How Do You Prove Unfair Competition in California?
Most states have enacted unfair competition and/or deceptive trade practices statutes. California’s unfair competition law (UCL) dates back to 1872 and has since been updated and broadened. Today, the UCL prohibits a business from engaging in unfair, unlawful, or fraudulent business practices. The UCL also bans misleading, false, or deceptive advertising. Finally, the UCL… Read More »
How Does a Plaintiff Prove Negligent Misrepresentation?
When one party’s actions cause another party to suffer financial losses, the financially injured party has the right to file a civil lawsuit, asking the court to order the defendant to reimburse the injured party for those losses. Fraud is one of the reasons that you can sue someone for damages, but while it… Read More »
Can You Get Punitive Damages for Breach of Fiduciary Duty in California?
Business relationships can go sour for a variety of reasons, and sometimes it is no one’s fault; the business projects that become profitable and remain that way are the exception to the rule. When one party intentionally causes financial harm to the other in a business relationship, the party that has suffered financial losses… Read More »
How to Handle an ADA Lawsuit
The Americans with Disabilities Act (ADA) is a federal law that protects disabled workers and customers by requiring businesses to comply with certain minimum standards of accessibility. ADA requirements can range from requiring wheelchair ramps and elevators to hyper-specific requirements concerning how far from the toilet the toilet paper roll can be attached in… Read More »
Why Fine Print Matters in Commercial Contracts
When entering into a commercial contract, it can be tempting to simply jump to the meat of the agreement: How much am I paying (or getting paid), and what exactly am I paying for (or being paid to do). Every contract includes many additional provisions, however, that govern the legal relationship between the parties… Read More »
Will an Upcoming SCOTUS Ruling Change the Way Business Is Done on the Internet?
Do you run a business online? The internet is a convenient place to distribute your goods and services, building a healthy customer base for business. Depending on what state you live in, you may not need to calculate taxes on some of those online orders. However, a case being examined by the Supreme Court… Read More »
How to Have a Good Relationship with Your Business Partner
One key aspect of entrepreneurship involves creating and maintaining business partnerships and relationships. Every individual has their own strengths and skills that they can uniquely bring to the table of a business. This is why having a good and secure relationship with your business partners is crucial to having a successful business. Just like… Read More »
Why Do Employees Sue Their Employers?
It takes hard work to establish a successful business. You have to set up a viable business model, manage connections to suppliers, and deliver a product to your customer base. You must do this in order to turn a profit. However, there are many obstacles on the road to getting your business to profitability…. Read More »