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Posts tagged "breach of contract"

Investment Fraud -- What to Do if You are a Victim

Buffington Law Firm's breach of contract and investment fraud attorneys have successfully handled numerous cases involving investment fraud. Last week we described the nature of a typical fraudulent investment scheme. The red flag indicator that one's investment is fraudulently invested is when the investor seeks to legitimately cash in all or part of the investment, and the investment manager delays or balks at honoring the request. After working many such schemes over the past two decades, we have learned that this is an unfailingly accurate "red flag" that fraud may be present.

Breach of Contract -- Was Performance Excused?

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.

Breach of Contract -- Was There a Contract?

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.

5 factors of a material breach of contract

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.

Is your breach of contract material or minor?

Businesses depend on contracts to operate successfully. When one or more parties involved in the contract fail to meet the legal obligations, the contract is breached. Breaches can occur with vendor contracts, commercial contracts, joint venture agreements, employment contracts, supplier contracts and buy-sell contracts. Some breaches of these contracts warrant cancellation of the contract while others do not.

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.

Personal Guarantees in Breach of Contract Lawsuits

One of the recurring issues that Buffington Law Firm's Orange County business litigation attorneys deal with concerns personal guarantees.  This is a frequently misunderstood issue in breach of contract lawsuits and often exposes people to legal liability that they did not know that they had.

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.

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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