Category Archives: Business Law
Who Owns Your Customer or Client List?
Over time, if you’re like many businesses, you have developed a list of prospective and former customers and clients, all of whom you have had some degree of contact with, even if they never actually did business with you. When an employee leaves your company and takes that information or part of it, you… Read More »
What Does it Mean to be Defaulted and What Do You Do About It?
Let’s say that you check your mail one day, and you get what appears to be a lawsuit. It’s a document from a lawsuit, all right—but it also says that you have been “defaulted.” That can’t be good. What does that mean? What is a Default? A lawsuit starts with the filing of a… Read More »
What is an Accounting and When Would You Ask for One?
It often happens that we have to sue someone, because we believe that they have mismanaged a business, or stolen property, or diverted assets, or done anything else that could be considered fraudulent. The problem is that the fraud itself, prevents us from even knowing exactly how much we may have lost. In claims… Read More »
LLCs and Corporations: What are the Core Differences Between Them?
When it comes to starting or forming a business, a lot of business owners give little thought as to whether to form their business as a corporation, or as an LLC, which itself is a kind of corporation. But what makes an LLC different from the numerous other kinds of corporate structures? Governing Documents… Read More »
Using Civil Theft Claims to Get Your Property Back
In the business law context, it isn’t common to see something that amounts to criminal law violations. But it can and does happen, most commonly in the form of stolen property, information, data, or trade secrets. And while the stealing of your company’s property is certainly a crime, which can be handled by law… Read More »
Things to Remember When Drafting Terms of Service (TOS)
If you’ve ever used a website, bought something online, registered for a website, or used any social media, you’ve been hit with the request to sign, or agree to, the business’ Terms of Service (TOS). These unending pages of legalese may seem like gibberish—but if you’re the business being protected by them, they can… Read More »
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 »
