If your business is being sued or you’re suing another business, a large chunk of both the time and costs involved will accrue from what is called the discovery process.
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Knowing When Your Business Should Pursue Litigation
Operating a business is not always a walk in the park. All kinds of challenges, setbacks, and disputes can arise. Competition can be fierce, and tactics deployed by competitors can border on the illegal. You can fight back, or even negotiate with others who are attempting to bring you down, but the question always looms: When is the right time to sue?
What You Need to Know Before Your Deposition
Suppose you and your business have just filed a civil lawsuit against another individual or business for breach of contract—or for tortious interference or any other valid reason—and the attorney for the other party subpoenas you in for a deposition.
Affirmative Defenses to Breach of Contract in California
California law defines contracts in the state as being either express or implied. Express contracts are “stated in words,” while implied contracts are “manifested by conduct.” An express contract can also be oral — not written — provided that no other California statute requires the contract to be in writing, as it does for home sales, for instance.
Negotiation, Litigation, or Mediation: Which One Fits Our Needs?
Disputes are essentially inevitable in any business. Some arise from agreements or contracts you have with other persons or businesses, while others arise internally between partners or between owners and employees.
Differences Between Material & Immaterial Contract Breaches
“Breach of contract” is a term commonly asserted when someone feels shortchanged by the actions or inactions of another. For there to be a breach, however, there must first be the existence of a contract, whether it is express (written), oral, or implied through conduct.
Challenging a Will You Think is Forged
In the aftermath of a loved one’s death, grieving family members have to cope with the loss and determine whether the will, the document where the decedent outlined final wishes, is valid. Disputes can arise when beneficiaries or heirs think their loved one’s will is forged or otherwise invalid.
What Qualifies as Misappropriation of a Trade Secret?
Trade secrets are valuable assets for any business. Running a successful business often means having trade secrets that they wish to protect from competitors. That is why businesses make every effort to prevent competitors and former employees from using trade secrets without their knowledge.
When to File a Protective Order in Business Litigation
A protective order in California can have two different meanings. It might refer to a restraining order to keep one individual away from another individual, and it also might refer to the process of discovery in civil litigation.
Understanding Alter Ego Liability
A corporate identity protects its shareholders and those operating the corporation from being personally liable for any debt obligations or other financial liabilities, provided that the business is operated as a corporation and follows all the legal requirements concerning proper operational behavior