Blog

• posted: Mar. 12, 2024
• noncompete

Noncompete agreements and nonsolicitation agreements can be used by an employer to limit activities of an employee after their relationship has ended. Such agreements are often entered into freely when Read More

• posted: Feb. 12, 2024
• business breakup,  buy-sell agreement

“Business divorce” is an apt term for the often messy and tumultuous ways in which a closely held business can undergo a momentous change. Just as with a marriage, small Read More

• posted: Jan. 12, 2024
• court,  expert testimony

When a business disagreement ends up in court, the issues to be resolved are usually complex. Disputes can relate not only to what happened factually but also to the impact Read More

• posted: Dec. 12, 2023
• unreasonable delay,  withholding evidence

When a business dispute escalates to the point of litigation, it is crucial to approach the legal process strategically to maximize your chances of a favorable outcome. Commercial litigation can Read More

• posted: Nov. 12, 2023
• commercial lease,  common area maintenance fees,  rent structure,  subletting,  zoning restrictions

When it comes to leasing commercial property, the devil is often in the details. While residential leases are relatively straightforward and governed by statute, commercial leases are typically customized to Read More

• posted: Oct. 12, 2023
• concealment,  deceptive and unfair trade practices act,  fraudulent misrepresentation,  intent to deceive

Fraudulent misrepresentation is a civil offense that occurs when someone makes a false statement of fact to another person with the intent of inducing that person to act in a Read More

• posted: Sep. 12, 2023
• liability/indemnity

Commercial agreements are almost always put in writing. A well-written contract captures the essence of deal and as well as making clear the parties’ rights, responsibilities and expectations. It can Read More

• posted: Aug. 12, 2023
• breach of fiduciary duty,  business defamation,  negligence

While businesses and their owners usually can resolve their differences informally, sometimes matters end up in court. Since litigation is expensive, time consuming and often distractive from business operations, it Read More

• posted: Jul. 12, 2023
• non-compete agreement,  non-solicitation agreement,  restrictive covenants

A restrictive covenant is a contractual provision that limits or bars an employee, former employee or other party from taking certain actions deemed harmful to a company, such as working Read More

• posted: Jun. 11, 2023
• real estate litigation,  specific performance

When a contracting party fails or refuses to perform a duty and causes the other party a loss, the usual remedy is compensatory damages. Courts do not often order the Read More

• posted: May 11, 2023
• drafting,  drafting errors,  forum selection,  vagueness

Written contracts are necessities in most businesses, controlling a wide range of transactions and other matters. A well-written contract can make business operations predictable and can be invaluable in resolving Read More

• posted: Apr. 11, 2023
• injury in fact,  real party in interest,  standing to sue

The first question a court must resolve in any business litigation is whether the plaintiff has standing to sue. In most cases, this means the individual or organization bringing the Read More

• posted: Feb. 28, 2023
• apex doctrine,  deposition,  settlement,  summary judgment

Regardless of what type or size of business you own or operate, you may at some point find yourself in a dispute that ends up in court. Litigation is generally Read More

• posted: Jan. 30, 2023
• force majeure,  mechanics liens

The fate of construction projects can often hinge on the wording of the contract between the developer or property owner and the contractor. Fine print in a contract can facilitate Read More

• posted: Dec. 30, 2022
• construction projects

Ideally, real estate construction projects are completed as designed, on schedule and within budget. However, construction projects are, by their very nature, complex affairs that can generate serious conflicts between Read More

• posted: Nov. 30, 2022
• appeal,  insurance bad faith

Insurance companies are legally obligated to honor the terms of their insurance policies and to pay out benefits promptly when required to do so. However, a carrier may assert reasons Read More