In business, real estate, or trust litigation, there is no question but that "job one" for an attorney representing a client is to prepare for trial. As we have discussed in other Blog posts, most cases in fact settle out of court before trial, rather than concluding with trial and a verdict. It is our belief that the very best way to induce the opposing side to settle a case is for the opposition to see that the Firm is diligently and zealously preparing for trial. Naturally, this policy and practice pays big dividends if the case does in fact go all the way to trial. This preparation is equally key for success in mediation or negotiation.
Buffington Law Firm's experienced team of breach of contract attorneys have successfully litigated many claims in which one side has alleged breach of contract. Usually such contract will be a written document. As discussed in last week's Blog article, the threshold question in a breach of contract lawsuit usually must be the question as to whether there existed, in fact, an enforceable contract. California Civil Code Section 1550 delineates the critical elements necessary for an enforceable contract to exist.
Buffington Law Firm's experienced team of breach of contract litigation attorneys have often brought, or defended against, breach of contract claims. Often these claims seem straightforward -- there was an agreement, perhaps even a written agreement, and one side failed to carry out his or her side of the bargain. However, sometimes it is more complicated than that. One of the threshold questions must always be the question as to whether there was actually a contract between the parties.
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.
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.
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.
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.
In an ideal situation, business agreements would all be fulfilled in a manner that mutually benefits all parties. Unfortunately many disputes can arise in the course of doing business. Whether it is a financial issue, delay, miscommunication or some other hindrance, contracts can be broken. You should understand when an unfulfilled obligation classifies as a material breach.
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.
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.