Most successful businesses face competition. Even if you were at one point the only company in your specific business niche, your success may have inspired others to start their own companies and compete with you. Competition can be great for consumers, but it can be...
Business Litigation
A partnership agreement can help in a dispute
A dispute with your business partner is complicated enough on its own. It’s even more complicated if you don’t have a partnership agreement. Even so, this is fairly common. A lot of times, a business starts as a small idea between friends or even family members. They...
Why Can’t I Get This Frivolous Lawsuit Thrown Out Before Trial? Part 3
In earlier Blog articles we discussed the difficulty in causing the Court to throw out meritless lawsuits before trial. Procedurally, the deck is stacked against the Defense when it comes to forcing the dismissal of meritless lawsuits. A Plaintiff can survive...
Why Can’t I Get This Frivolous Lawsuit Against Me Thrown Out? Part 1
Buffington Law Firm's civil trial attorneys are probably asked this question more than almost any other by clients who have flimsy or groundless lawsuits brought against them: "Why can't I get this frivolous lawsuit thrown out before trial?" The question is, for many...
Why Can’t I Get This Frivolous Lawsuit Thrown Out? — Part 2
In Part 1 of this Blog article we discussed two common procedures for forcing pretrial dismissal of a lawsuit: the Demurrer and the Motion for Summary Judgment. We saw that the way the law operates plainly "stacks the deck" in favor of the Plaintiff with respect to...
Business and Real Estate Litigation: Do We Want a Jury? A Critical Question!
Buffington Law Firm's business and real estate trial attorneys are often faced with the question as to whether the case should ultimately be decided by a judge or by a jury. In most types of civil trials (probate proceedings being a notable exception) a party is...
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...
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...
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...
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...
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