Competition is a cornerstone of American capitalism. When there are other businesses trying to provide the same services or goods that your company offers, you need a way to convince consumers to choose you over them. Maybe you have a better product or offer more...
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Business Disputes
3 steps to take to resolve a serious dispute with a business partner
A business partnership is a close relationship. You probably see each other most days and communicate on the days that you don't. Your futures are financially intertwined, and you are dependent on one another to keep your company running. When you start having...
Spoliation and electronically stored information
Business disputes can get ugly, and it’s not uncommon for a real conflict to boil over and turn into litigation. In today’s world, virtually every business lawsuit involves some form of electronic data. In fact, a case may be won or lost based on what’s found in...
Why do many people try to avoid arbitration of business disputes?
You have a disagreement with a former employee, your business partner or a vendor. Maybe it's a dispute about the meaning or enforceability of part of the contract. You know that the contract is valid, but the other party just won't compromise and help resolve the...
What makes a restrictive covenant too restrictive?
Any business will take steps to protect their own best interests in every type of contract they draft. When the language of the agreement slants too far in favor of the organization, though, it might become legally challenging to enforce the terms of the contract....
California companies face off over unfair competition allegations
If you visit Apple’s online store, you’ll find the California-based technology giant’s gleaming gadgets, including the recently introduced AirTag. In its sales pitch for the tracking device that can help you find lost or stolen items, Apple echoes the Beatles: “Get by...
Defenses available in California breach of contract lawsuits
One of the most valuable relationships a Southern California business can have is with another business in which their interests dovetail. (Company A manufactures widgets and Company B sells the materials from which widgets are made.) Many times, the two will...
Making a non-compete agreement enforceable in California
When you put in the time, effort and money to train an employee – and introduce them to trade secrets – you really don’t want that employee to use those skills or inside knowledge to compete with your company. However, California courts routinely invalidate...
Elements and examples of fiduciary breach of duty
It comes naturally to humans to act in their own best interests, but it is another matter when someone has an obligation to act in the best interests of another party. In business, the obligation to act in another’s best interest is called a fiduciary duty. If you do...
How to avoid business contract disputes
Running a small business takes a lot of time and effort if you want the business to succeed. Those who plan ahead can avoid certain pitfalls, which can help your business run smoothly and more cost-effectively. One pitfall many small business owners face at some point...