Category Archives: Business Law
Preserving a Defendant’s Assets Before Judgment is Entered
Let’s say that you are considering a business or commercial litigation lawsuit against another person or company. You think you have a good case but you have one concern: collection. Specifically, you have concern that by the time that you win or settle your case, whatever proceeds, assets, or property that the Defendant has… Read More »
When Does Asset Protection Become a Fraudulent Transfer of Property?
For those looking to protect assets from creditors, there is often confusion between asset protection and fraudulent transfers. Asset protection is smart, proactive, prudent, and protects you, your family and your business. Fraudulent transfers are illegal and can get people in trouble. But practically, what is the difference? Both asset protection and fraudulent transfers… Read More »
How Do You Prove an Oral Agreement In Court?
Any discussion of oral contracts and enforcing them, needs to start with the clarification that yes, oral contracts are in fact legal and enforceable, contrary to popular opinion or public belief. There are a few exceptions, called the Statute of Frauds, where contracts must be in writing, but other than those specific kinds of… Read More »
Time Limits to Sue to Enforce a Breach of Contract Action
When it comes to the time that you have to file a breach of contract claim, you may think that this is a straightforward question. But it’s more complex than you may think, and getting it wrong or waiting too long can end up forever barring you from being able to sue for breach… Read More »
The Benefits of Having a Business Attorney on Retainer
The last thing any business wants is to spend money on legal fees. But you also know that legal problems can happen overnight, and it would be great to have an attorney on-call, to ask questions or handle problems, whenever they arise. Could having a business law attorney on retainer be the answer for… Read More »
Considerations for Partnerships Between Spouses
Your spouse is, hopefully, your partner, in every sense of the word. But it does happen, that we want to make our spouse more than just a life or relationship partner—we want him or her to also be a business partner. This can be a great idea, but it is always a good idea… Read More »
Have You Considered Your Company’s Emergency Policies and Procedures?
Of all the different kinds of policies and procedures, covering all different kinds of events or situations, the one that many businesses often ignore, is the necessity to have a plan of action in the event of an emergency. Not having policies and procedures in an emergency, can paralyze your business, and keep it… Read More »
Can You Get Out of a Contract if the Other Side Breaches That Contract?
If you have a business contract, and the other side breaches the contract, the initial thought may be that you are excused from performance. After all, they breached the agreement, and why should you have to continue to perform an agreement where the other side is not doing what it’s supposed to do? But… Read More »
What if Your Company Needs a Temporary Director?
In your business, you may have a board of directors, tasked with making some important decisions in the management and operation of your company. If you’ve planned ahead, you know that an even number of directors on your Board won’t work—you don’t want tie votes holding up important businesses. So, hopefully, you’ve made arrangements… Read More »
Patents and Trade Secrets: What’s the Difference?
Trade secrets and patents. Both seem to include highly secretive information, and information that is valuable to companies. That’s true. But Although there are similarities, there are also very distinct differences between patents and trade secrets. Public Registration A patent is an invention or design or process that is new or innovative. Patents, as… Read More »
