Orange County Business Litigation Attorneys Blog

5 workplace torts that may derail your small business

On behalf of Buffington Law Firm, PC on Friday, September 20, 2019.

As a small business owner, you have a variety of tasks you must complete each day. When trying to maximize profits, please customers and retain employees, you may eventually rub someone the wrong way. If you do, you should know about some workplace torts that may expose your organization to liability.

French for “unjustly and without reason,” a tort is merely some sort of damage or injury. While not all injuries offer a means for redress, certain ones that occur in the workplace may give your employees a foundation to file a lawsuit. Here are five common ones:

Breach of contract before its completion date

On behalf of Buffington Law Firm, PC on Wednesday, August 21, 2019.

Running a small business seems to become more challenging every day. Not only must you comply with an increasingly complex set of laws and regulations, but you also must likely work with contractors. If one of your contractors fails to deliver, you may be unable to meet customer expectations. You may also have financial losses or missed business opportunities.

Sometimes, it becomes clear that a contractor either cannot or will not complete the contract. You probably do not need to wait until the completion date arrives to protect your business interests. With anticipatory repudiation, you may be able to free your small business from the terms of the contract.

Plain language is key to an enforceable severance agreement

On behalf of Buffington Law Firm, PC on Monday, July 22, 2019.

A severance agreement is normally part of an employment agreement. However, it can also be a stand-alone document an employer wants a departing employee to sign.

If certain elements are missing, the document will not stand up in court. The drafting of an enforceable severance agreement begins by using plain, understandable language.

Steps to take before litigation for contract/business disputes

On behalf of Buffington Law Firm, PC on Monday, June 24, 2019.

When it comes to contract disputes and resolutions in California, many entrepreneurs are not aware that there are measures they can take to resolve them outside the courtroom. Though going to court is often best reserved as the last tactic, sometimes, taking things to litigation is necessary. Attempting to resolve business issues outside the courtroom can help preserve business relationships and help clear up potential misunderstandings. Not all business disputes/breaches of contract are the result of ill intent.

Business must go on, and breaches can cause delays that interfere with an organization’s operations and profits. The same applies to a lengthy contract dispute and breach litigation. Before filing a motion with the courts on potential issues you encounter with your vendors or workers, consider the following less severe resolution tactics.

Proving Undue Influence in Trust Disputes and Similar Lawsuits

By Roger J. Buffington, of Buffington Law Firm, PC posted in Trust Disputes on Monday, May 27, 2019.

Buffington Law Firm's trust and elder law litigation team has decades of experience dealing with cases in which undue influence is alleged. The fact patterns for these cases are depressingly similar in many instances. Typically a younger friend, relative, or adult child or grandchild will pressure an elderly or infirm person to change their estate plan, or convey property, in favor of the younger person. For undue influence to occur it is not necessary that the victim lacks mental capacity. That there is such a requirement is a common misconception.

California trade secrets law helps stop unfair competition

On behalf of Buffington Law Firm, PC on Thursday, May 23, 2019.

Businesses have various kinds of trade secrets. The company information you must protect need not be a world-famous recipe like Kentucky Fried Chicken.

The California Uniform Trade Secrets Act offers protection against the misappropriation of vital company information that could result in unfair competition.

Co-Owning Bank Accounts -- A Source of Frequent Legal Jeopardy

By Roger J. Buffington, of Buffington Law Firm, PC posted in Trust Disputes on Thursday, May 16, 2019.

Buffington Law Firm's elder law and trust litigation attorneys have frequently dealt with situations where two persons (not spouses) are co-owners of bank accounts. This often occurs, for example, when a relative is placed on an elderly person's bank account as co-owner so that such person can help pay bills and so forth. In many situations the person who contributes most or all of the funds to the bank account does not intend to make a gift to the new account "co-owner." Many people do not read the forms that they sign when they place another person on the account and banks are notoriously poor at explaining the legal ramifications of the forms that they give the people to sign.

Poorly-Drafted Contracts in Breach of Contract Litigation

By Roger J. Buffington, of Buffington Law Firm, PC on Wednesday, May 15, 2019.

Buffington Law Firm's breach of contract attorneys have taken many breach of contract cases to trial, and have helped their clients enter into settlements of many others. In their purest form breach of contract cases can be simple: two (or more) parties entered into a contract, and each of the parties either fulfilled their obligations under the contract, or they did not. If only life were that simple.

Financial Elder Abuse -- A Serious Problem in California

By Roger J. Buffington, of Buffington Law Firm, PC posted in Trust Disputes on Friday, May 10, 2019.

Financial Elder Abuse is a serious problem in California. Elderly folk sometimes lack mental vigor and sharpness, and this can sometimes cause them to be excessively trusting, particularly of relatives and their own offspring. California law provides that any California resident age 65 or older is an "Elder" for the purposes of the statute. Buffington Law Firm's elder law attorneys have frequently dealt with court cases involving allegations of financial elder abuse. In this brief Blog article we will discuss the basic nature of financial elder abuse in California.

How to prepare for a business lawsuit

On behalf of Buffington Law Firm, PC on Monday, April 29, 2019.

Business lawsuits are prevalent. When opening a business, it almost goes without saying the company will have to deal with a lawsuit sooner or later. One study found that in any given year, between 36% and 53% of small businesses are in some form of litigation. Meanwhile, 90% of all businesses regardless of size are in litigation at any specific time.

If your business has a lawsuit on the horizon, then it is paramount to plan accordingly. Business disputes come up all the time, but with proper preparation, you can get out on the other side all right.

Orange County Litigation Law Blog