Category Archives: Business Law
What Do You Have to Do to Mitigate Your Damages?
When someone breaches a contract with you, the general assumption is that you can sit back, do nothing, sue, and recover your damages. But that’s not always how it works. Often, even though you are the “victim” of a breach of contract–you still may have some obligations to fulfill if you want to be… Read More »
Can You Divide Your Company into Smaller Companies to Avoid Legal Compliance?
Many laws, including employment laws having to do with minimum wage, disability accommodations, medical leave, or workers compensation often depend upon a company having a minimum number of employees. That means that if your business has under the minimum amount you don’t have to worry about complying with these laws, or worse, worry about… Read More »
When and How to Use a Constructive Trust
If somebody owes you money and you sue, you don’t care what money you get back, as long as it equals the money you are owed. In other words, nobody cares what actual dollars are being paid so long as those dollars are legal currency and repay you what you have lost. But not… Read More »
Security Agreement Tips and Pitfalls
If you’re loaning money, and you want a little extra security to make sure you get paid back or that you have some recourse, a security agreement (or security instrument) may be the way to go. Just like a mortgage, which is of course a form of a security agreement, in a security agreement,… Read More »
Don’t Forget These Things When Doing Due Diligence
Have you ever heard someone say that they have to do their “due diligence” when looking into a potential business deal or investment or their future actions? Due diligence may sound like something you understand–but legally, what does it really mean to “do your due diligence?” Due diligence doesn’t have one definition–it means doing… Read More »
Could Your Business be Dissolved Against Your Will?
If you have a business, it is up to you when, how, and if, that business will ever close or dissolve. Or is it? You may be surprised to know that there are times when your business could be ordered to close or to dissolve–even if to you, the business seems to be doing… Read More »
Consider All the Issues if You’re Starting a Real Estate Partnership
Regardless of the market or the economy, real estate is usually a sound investment. So much so, that many people have made it their business–specifically in doing things like buying and selling homes, or renting out properties and similar ventures. But real estate also takes time and money, which is why many people who… Read More »
Don’t Come to Court With Unclean Hands
When you sue somebody on a business related matter, you usually want to pinpoint the other side’s wrongful behavior–that they breached a contract or stole information or broke a partnership–whatever it is you’re suing them for. What you might not expect, is your own behavior being scrutinized. What is Unclean Hands? The law allows… Read More »
Efficient Breach: When a Purposeful Breach Might Make Sense
Breaching a contract is never a good idea. In fact, it can lead to a lawsuit and ultimately a judgment against you. But there may be times, when you crunch the numbers and do the calculations, that breaching a contract suddenly may seem like not such a bad idea. Efficient Breach It’s called efficient… Read More »
This is How the Corporate Veil Gets Lost or Breached
Corporations are their own legal entities, and when they get sued it is the company, not the owners, officers, or directors individually, who are liable. That’s one main advantage of forming a company in the first place. But that protection–called a corporate veil–is not absolute, and it can be lost, thus exposing individual owners… Read More »