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.
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 trial lawyers are often asked about the pros and cons of arbitration as compared to litigating a matter in court. In this article we will examine some of the factors regarding arbitration as a means of dispute resolution.
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.