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.
Buffington Law Firm's business attorneys have taken many breach of contract lawsuits to court in which one of the key issues was the failure of the parties to document their deal or transaction in a written agreement. In last week's Blog article we discussed some of the pitfalls of failing to create a written contract that spells out the rights and duties of the parties to an agreement. We mentioned that one of the pitfalls of not having a written contract is the Statute of Frauds. Essentially, the Statute of Frauds may render certain types of agreements unenforceable if there is no written agreement. The Statute of Frauds is codified at Cal. Civil Code Section 1624.
Buffington Law Firm's business trial attorneys have broad experience in handling many types of breach of contract and other business disputes. In Part 1 of this series we discussed the importance of ensuring that a business contract sets realistic goals for the parties, rather than "aspirational" goals which are realistic only in a perfect world. In this second installment, we discuss the increasingly common problem of business transactions for which the parties draft no contract at all. It may seem odd that a six or seven figure venture, agreement, or transaction would be carried out without a written contract. In the real world, it happens. Perhaps most often this sort of transaction occurs between family members who "trust one another." Other times the parties simply never get around to finalizing the contract in the midst of all of the activity getting the venture or transaction up and running. Just as "good fences make for good neighbors" a good contract that spells out the rights, duties, and the contributions of the parties can avoid disputes and keep the parties out of court. Few things are nastier than a business dispute between angry family members.
Buffington Law Firm's business litigation attorneys are experienced in handling business disputes in Federal and State courts as well as various arbitration forums. In this series of articles we will discuss some of the common causes of business disputes that lead to litigation. Our hope is that this series will help our readers avoid some of the pitfalls that often lead to breach of contract disputes.