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Business Litigation Archives

Digital Technology Presents Unique Litigation Challenges To Modern Lawyers

In an age of drag-and-drop digital technology, Buffington Law Firm business litigation attorneys understand the host of challenges associated with disputes that involve improper acquisition of business trade secrets. This article deals with those on the receiving end of such a charge.

How Litigation Helps Uncover Business Fraud

Two parties enter into an agreement to do business with one another, and sign a contract to solidify the deal. The contract lays out the terms, expected performance, how much pay and a completion date. Most of the time a business contract such as this gets executed with little to no hassle. But sometimes, something goes wrong, and there's a sense that one of the parties hasn't done their job properly. In fact, the suspicion of fraud arises, but it's not obvious where and how it happened. That's the point where the injured party seeks out a business litigation lawyer for help.

Juries or Bench Trials in Business Litigation? A Critical Decision

Under most circumstances involving business litigation disputes, the decision whether to ask for a jury, or alternatively to simply have a Judge decide the case, is an important one.  There is never a cut-and-dried answer as to which approach is best.  Buffington Law Firm's business litigation attorneys have tried many business litigation cases both with juries and as court or "bench" trials, i.e. trials decided solely by a Judge.

Litigating Undocumented Business Transactions

Buffington Law Firm's business litigation attorneys have a great deal of experience in handling business disputes among the founders of small businesses.  Normally when multiple persons decide to do a business transaction together, such as starting a new business, buying a piece of real property, etc., they will hire a lawyer to document the transaction.  For example, if three people are starting a business, a lawyer can really add value by creating the corporation, suggesting corporate bylaw provisions, documenting the election of officers, and so forth.

Arbitration in Business Litigation

Buffington Law Firm's business litigation trial lawyers are often asked about the pros and cons of arbitration as compared to litigating a matter in court.  In this article we will examine some of the factors regarding arbitration as a means of dispute resolution.

Business Litigation -- Mediation and Arbitration

Buffington Law Firm's business litigation attorneys have been frequently asked to explain the difference between mediation and arbitration as means of alternative dispute resolution.  Under some circumstances alternative dispute resolution can be a cheap and efficient means of resolving business disputes e.g. breach of contract, unfair competition disputes, etc. that otherwise might require a trial.  But what is the difference between mediation and arbitration?  This brief Blog article will explain this.

Business Litigation -- Unfair and Deceptive Trade Practices

Buffington Law Firm's business trial attorneys have broad experience in achieving successful outcomes in cases involving unfair business practices and unfair competition.  In California, unfair business practices is a specific term which nonetheless covers a broad spectrum of deceptive or unfair business practices.

Non-Competition Issues in Business Litigation -- Part 2

Buffington Law Firm's Orange County business litigation trial lawyers have handled many cases involving unfair competition and misappropriation of trade secrets.  In last week's Blog we discussed basic issues concerning a departing employee's legal right to compete against a former employer.  In this week's article we will discuss practical issues concerning business litigation in these situations, including some of the ways to avoid this type of lawsuit, or at least minimize one's liability.

Non-Competition Clauses and Trade Secrets

One of the most common business litigation issues that Buffington Law Firm's Orange County business trial attorneys are often asked to deal with concerns non-competition clauses and trade secret issues.  The scenario usually goes like this.  An employee, often a high level salesperson or executive, is ending his employment to go work for a competitor.  His now-former employer required him to sign a non-competition clause in his employment agreement.  The salesperson has detailed knowledge of the former employer's customers in terms of their identity, preferences, buying patterns, etc.  Is it legal for this salesperson to immediately quit and go to work for a direct competitor.

Business Litigation -- Disputes Arising from Sales of Businesses

Buffington Law Firm's business litigation team has handled numerous breach of contract lawsuits arising from the purchase and sale of small businesses.  One of the most common scenarios for breach of contract and business litigation disputes derives from transactions involving the purchase and sale of a small business.  Many Americans dream of financial independence through ownership of one's own small business.  Buying a small business, perhaps through a business broker, often appears to be a quicker way of realizing this dream than starting one's own business from scratch.  And indeed, it can be.

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