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 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.
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.
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.
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.
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.
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.
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.
In a business lawsuit, such as a breach of contract, unfair competition, or similar business litigation dispute, one of the main strategic decisions in the case is usually whether to take the case to trial, or alternatively to negotiate a settlement and avoid trial. While business litigation trial lawyers make most of the strategic decisions in a fast-moving business lawsuit, the decision whether to settle the case and on what terms is always that of the client. Certainly the attorneys can and usually do give advice about settlement. But the decision whether to settle the case must ultimately be decided by the client.