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December 2014 Archives

Statute of Frauds in Business Litigation-- Some Basics

Buffington Law Firm's business attorneys have taken many breach of contract lawsuits to court in which one of the key issues was the failure of the parties to document their deal or transaction in a written agreement. In last week's Blog article we discussed some of the pitfalls of failing to create a written contract that spells out the rights and duties of the parties to an agreement. We mentioned that one of the pitfalls of not having a written contract is the Statute of Frauds. Essentially, the Statute of Frauds may render certain types of agreements unenforceable if there is no written agreement. The Statute of Frauds is codified at Cal. Civil Code Section 1624.

Major Causes of Business Litigation -- Part 2

Buffington Law Firm's business trial attorneys have broad experience in handling many types of breach of contract and other business disputes. In Part 1 of this series we discussed the importance of ensuring that a business contract sets realistic goals for the parties, rather than "aspirational" goals which are realistic only in a perfect world. In this second installment, we discuss the increasingly common problem of business transactions for which the parties draft no contract at all. It may seem odd that a six or seven figure venture, agreement, or transaction would be carried out without a written contract. In the real world, it happens. Perhaps most often this sort of transaction occurs between family members who "trust one another." Other times the parties simply never get around to finalizing the contract in the midst of all of the activity getting the venture or transaction up and running. Just as "good fences make for good neighbors" a good contract that spells out the rights, duties, and the contributions of the parties can avoid disputes and keep the parties out of court. Few things are nastier than a business dispute between angry family members.

Major Causes of Business Litigation -- Part 1

Buffington Law Firm's business litigation attorneys are experienced in handling business disputes in Federal and State courts as well as various arbitration forums. In this series of articles we will discuss some of the common causes of business disputes that lead to litigation. Our hope is that this series will help our readers avoid some of the pitfalls that often lead to breach of contract disputes.

Social Media as Evidence in Business Litigation Trials

Buffington Law Firm's experienced business litigation attorneys have broad experience in utilizing social media and other electronic communications such as emails as evidence in civil trials. There is a strong trend for Facebook posts, You-Tube videos, and other similar media to turn up as critical evidence at trial. Jonathan Gruber, a high profile "architect of Obamacare" was recently caught on video admitting that he and his associates deliberately deceived the American people into believing that Obamacare was not a tax, boasting that it was in fact a tax that Americans failed to perceive as such due to their financial "illiteracy". Other videos by Professor Gruber show him discussing the "stupidity" of the American people and explaining that this "stupidity" allowed Professor Gruber and his confederates to use deceit and smoke-and-mirror tactics to pass Obamacare. Without these, Professor Gruber admits on one shocking video "the bill dies." Gruber justified his deceit by explaining that he believed in Obamacare and wanted to see the bill pass.  Gruber's compromising and indescrete videos have gone "viral" and millions of Americans have watched him make his shocking comments.

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Buffington Law Firm, PC
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Fountain Valley, CA 92708

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