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Business Litigation Archives

Ignoring Corporate Formalities -- A Source of Business Ownership Disputes

Buffington Law Firm's business and corporate trial attorneys have successfully litigated numerous business litigation cases in which the central issue was the question as to who a corporation's stockholders actually were. At first impression, one might think that there should always be an obvious answer to this question. Surely the person or persons who started the company are the owners. In practice, this question is sometimes far from clear.

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.

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.

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. 

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.

Enforceability of non-competition agreements in California

Non-competition agreements between employers and employees are common in business. For instance, non-compete agreements may put strict limitations on competition within the same geographic area or may restrict a former employee from using the company's client lists. Such agreements are designed to safeguard the company from competition through, for example, the sharing of trade secrets and confidential data by former employees and the loss of other assets that are valuable to the business. The theft by an employee of trade secrets of his or her former employer could form the basis for a legal claim of violation of the non-compete agreement. Some states enforce trade secret protection. California does so only if the business is able to prove that these trade secrets are, in fact, proprietary. However, it is not uncommon for disputes to arise over whether the non-compete agreement is legally binding and enforceable. Indeed, the scope and legal applicability of non-compete agreements has become an increasingly contentious issue in recent years.

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Fountain Valley, CA 92708

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