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Business Law Archives

Business Divorce: When You and Your Business Partners Decide to Part Ways

business divorce.jpgIf your business got to a point where you and the other partners fail to get along, the dissolution of your business can be as emotional as a divorce in family court. When you first enter into a business, you form an entity to limit your liability and save money on taxes. These advantageous benefits disappear when you decide to dissolve the business, but your liabilities will not.

Administrative Expense Claims: Understanding the Risk of Doing Business with Bankrupt Customers

chapter 11.jpgSometimes, when you do business with multiple companies, chances are that a few of them will file for bankruptcy because not all businesses are successful. When you find out that a company you have been doing business with has filed for bankruptcy, the first question you may ask yourself is whether you want to keep doing business with them or terminate the relationship.

Preventing Partnership Disputes: Drafting a Partnership Agreement Can Go the Distance

business-partnership-agreement.jpgWhen you decide to go into business with someone, you think about many things. It is great to have a partner, as two heads are better than one. Also, it is a much more exciting endeavor when you are working with a friend, and sometimes having a partner can also lead to an exponential increase in profits. This type of business arrangement, working with a friend or close acquaintance, is common in many businesses today.

Understanding Fraud in Post-Sale Commercial Business Transactions

fraud-litigation-commercial-business.jpgToo often, unfortunate situations arise during the commercial sales of businesses. These situations arise frequently because sellers of businesses either actively misrepresent the facts surrounding the business or fail to disclose all the proper information to the prospective buyer.

Understanding Contract Disputes and Breach of Contract Claims

business-contract.jpgToday, a majority of businesses rely on contracts to fulfill their day-to-day operations. When you sign a contract with another business or individual, you expect them to perform their end of the bargain or agreement. When a party fails to fulfill their end of the bargain or breaches the agreement, your business can quickly run into financial trouble, losing a significant amount of profit, time and resources.

The Burdens of Unfair Competition

business-unfair-competition.jpgUnfair competition has been a hot topic in the media since United Airlines and travel website Orbitz filed a lawsuit in late December against the 20-something founder of Skiplagged.com, a website which helps travelers find "hidden city" airline ticketing.

Identifying and Avoiding Real Estate Fraud

california-real-estate-fraud.jpgFour years ago, Forbes identified California as the third highest state for mortgage fraud following Florida and New York to round out the top three. Last year, over 100 cases of real estate fraud resulted in convictions and over 200 convictions were reported the year previous to that. This type of investigation involves several parts and people who may be unaware they are part of a scam. According to the American Bar Association, the most targeted groups of people for real estate fraud include:

When to Consider Mediation for Business Contract Disputes

mediation-contract-disputes.jpgThe purpose of contracts is to create a binding agreement for business transactions, but unfortunately, there are times when these are not upheld. Contracts can be disputed for their validity, enforceability, and meaning all of which can become complex. When there is a business contract dispute, an alternative resolution solution such as mediation might be suggested.

What Constitutes Unfair Competition in Business?

copyright-unfair-competition.jpgPer The Wall Street Journal, a trademark case that has been ongoing for the past 16 years has reached the Supreme Court. The basis of the case is built upon the fact that the names of the company, Sealtight and Sealtite, are phonetically similar, causing unfair competition. Sealtight alleges copyright infringement, stating that consumers are confused between the two brands and the products they sell. Is the company losing business due to this allegation? The Court is still deciding.

Set Business Expectations through Fiduciary Duty

business-law-fudiciary-duty.jpgThe term "fiduciary duty" is technical in nature, but in simpler terms, it covers the expectations between business partners to do the right thing when it comes to the working relationship. There are common duties associated with a fiduciary relationship which include duties of confidentiality, loyalty, and good faith.

  • Santa Clara County Bar Association | 1917
  • American Inns of Court
  • CWL | California Woman Lawyers
  • Bay Area Bankruptcy | Forun
  • The State Bar of California
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