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Do you have a breach of fiduciary duty case?

A fiduciary relationship could be created under the law, such as a contractual relationship between a principal and an agent, or an administrator and an heir. It could also be created by the relationship of the parties and the transaction that has occurred  for example, a business partnership.

When trust is broken in these relationships, it can be devastating both emotionally and financially. The duties of a fiduciary include loyalty. The law and individuals both assume the fiduciary will act with integrity toward the interests of the other party in the transaction. 

How to deal with landlord and tenant disputes

As a landlord, there may be times when you and your tenants in California do not see eye-to-eye on things. Your tenants may feel there are issues you are responsible for and decide to withhold their rent until you address them. You may feel that those issues are the responsibility of your tenants and refuse to do anything about them. As stressful and time-consuming as landlord and tenant disputes can be, it is in everyone's best interest to work together to resolve them. 

Here are some steps you can take to resolve any disputes you may have with your tenants. 

Mediation as a Litigation Tool

Buffington Law Firm's civil litigation attorneys often utilize formal Mediation as a tool to conclude business litigation, real estate litigation, or trust dispute cases.  Mediation can be a very cost-effective and efficient way for our clients to achieve their objectives without the cost, stress, and uncertainty of trial.

Why most business litigation lawsuits settle

Experienced business litigation attorneys know that most lawsuits settle. In California, the percentage of civil lawsuits that settle as opposed to going to trial and verdict is usually right around 96% in any given year. This may seem odd to some observers. After all, most plaintiffs believe in their case, or presumably they wouldn't have filed it. Most, or at least many, defendants believe themselves to be blameless - and indeed some of them are. Nonetheless, when a case is filed the odds are overwhelmingly in favor of the case settling rather than going to trial.

4 challenges that businesses face in 2017

Whether you are running a small start-up business or are the CEO of a huge corporation, you must always be prepared to handle certain challenges your company will face. Some are out of your control, which can force you to adapt quickly and fluidly. Others you can prepare for and head off before they get too serious. In 2017, businesses may face some unique new challenges.

Common questions about laws protecting small business owners

Are you concerned that a competitor is utilizing false advertising methods? As a small business owner, you are protected against unfair competition, which includes misleading labels and false advertising. All business owners are protected under a federal law known as the Lanham Act, and California has its own Unfair Competition Law. Learn what constitutes false advertising and some important components of Lanham Act claims. 

A guide to understanding unfair competition

Unfair competition refers to fraudulent or dishonest rivalry. Most cases of unfair competition are characterized by bad faith and deception. People who partake in acts of unfair competition counterfeit or imitate the products or services of another business. Learn about examples, remedies and laws regarding unfair competition.

5 factors of a material breach of contract

In an ideal situation, business agreements would all be fulfilled in a manner that mutually benefits all parties. Unfortunately many disputes can arise in the course of doing business. Whether it is a financial issue, delay, miscommunication or some other hindrance, contracts can be broken. You should understand when an unfulfilled obligation classifies as a material breach.

How to protect your intellectual property

Protecting your business's intellectual property is vital to its ongoing success. Many business owners are unclear about exactly what their intellectual property is and how they should protect it. Any unique item that you have made that provides economic benefits is intellectual property. Protecting your IP is done differently depending on what it is. Understanding how to protect your unique business ideas will prevent someone else from stealing your work and profiting from it. 

Is your breach of contract material or minor?

Businesses depend on contracts to operate successfully. When one or more parties involved in the contract fail to meet the legal obligations, the contract is breached. Breaches can occur with vendor contracts, commercial contracts, joint venture agreements, employment contracts, supplier contracts and buy-sell contracts. Some breaches of these contracts warrant cancellation of the contract while others do not.

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