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8 12, 2015

Filing a Lawsuit to Secure a Prompt & Enforceable Settlement

By | 2015-12-08T09:56:34+00:00 December 8th, 2015|Business Contracts, Business Law, Business Litigation, Commercial Law, Contract law|Comments Off on Filing a Lawsuit to Secure a Prompt & Enforceable Settlement

Ways Filing a Lawsuit Can Help Secure a Prompt and Enforceable Settlement While it’s true that litigation can be an extremely expensive means of dispute resolution, and that prompt, voluntary settlements are almost always preferable to extended litigation, it is also true, paradoxically, that filing a lawsuit can be the best way to settle a dispute [...]

24 11, 2015

FLSA: Bonuses and Calculating Overtime Pay

By | 2015-11-24T16:56:17+00:00 November 24th, 2015|Business Litigation, Labor & Employment Law, wage and hour law|Comments Off on FLSA: Bonuses and Calculating Overtime Pay

Most employers know that their “non-exempt” employees (e.g., employees who are not managers, professional personnel or who fit one of one of the other exemptions under the Fair Labor Standards Act “FLSA”) must be paid no less than the minimum wage prescribed by federal and/or California wage and hours laws. These employers also know that [...]

15 11, 2015

Fraud Claims in Business Contract Disputes

By | 2015-11-15T11:40:47+00:00 November 15th, 2015|Business Contracts, Business Law, Business Litigation, Contract law|Comments Off on Fraud Claims in Business Contract Disputes

Few things are more important to a business, small or large, than its contracts.  Most businesses exist by virtue of “contracts”, agreements of mutually dependent promises and obligations, as in partnership agreements, articles of incorporation and shareholder agreements, limited liability operating agreements, and the like.  Businesses hire their employees by contract, written or oral.  Business [...]

22 10, 2015

When May I Rescind a Contract in California? Part 3

By | 2015-10-22T14:30:03+00:00 October 22nd, 2015|Business Contracts, Business Law, Business Litigation, Contract law|Comments Off on When May I Rescind a Contract in California? Part 3

Introduction In this third part of Everything You Wanted to Know About Contracts, our San Diego based business litigation attorneys answer the question: "When May I Rescind a Contract in California?" Rescission of Contract In some instances, a party may rescind a contract he has entered into.  A contract that is rescinded no longer exists.  Consequently, when [...]

14 10, 2015

Remedies for Breach of Contract in California, Part 2

By | 2015-10-14T16:35:39+00:00 October 14th, 2015|Business Contracts, Business Law, Business Litigation, Contract law|Comments Off on Remedies for Breach of Contract in California, Part 2

Introduction Continuing our discussion on Everything You Wanted to Know About Contracts, this article sets out the remedies which your business litigation attorney may inform you are available in a lawsuit for breach of contract lawsuit in California. The non-breaching party may seek one or more types of remedies, from consequential and incidental damages, to specific performance, which [...]

9 10, 2015

Everything You Wanted to Know About Contracts; Part 1

By | 2015-10-09T10:33:11+00:00 October 9th, 2015|Business Contracts, Business Law, Business Litigation, Contract law|Comments Off on Everything You Wanted to Know About Contracts; Part 1

Introduction San Diego business law attorneys and litigation lawyers alike regularly deal with the law of contracts. Whether you are negotiating a contract or have hired a trial lawyer to pursue a breach of contract lawsuit, it is helpful to know some of the basic principals and laws governing contracts. In this Part 1 of [...]

1 10, 2015

California’s Anti-SLAPP Laws Increase Risk When Suing Based on Consumer Complaints

By | 2015-10-01T12:26:55+00:00 October 1st, 2015|Business Law, Business Litigation|Comments Off on California’s Anti-SLAPP Laws Increase Risk When Suing Based on Consumer Complaints

Adam X is the owner of “Fast & Healthy Eats”, (F&H) a business incorporated in the state of California which owns two restaurants in San Diego, California.  Only 30 years old, and having grown up with computers and cellphones, Adam is multi-media hip and understands the importance of having an internet presence for his business. [...]

2 09, 2015

Avoid Expensive Wrongful Termination Lawsuits with Arbitration

By | 2015-09-02T15:19:52+00:00 September 2nd, 2015|Business Contracts, Business Law, Business Litigation, Labor & Employment Law|Comments Off on Avoid Expensive Wrongful Termination Lawsuits with Arbitration

AVOID EXPENSIVE WRONGFUL TERMINATION LAWSUITS: Have a Written Employment Agreement with Mandatory Arbitration Provisions A typical small business nightmare scenario: Although STARS Digital Photo service, (“STARS”) did not open for business before 10:00 a.m, the owner, Eric P., answered the knock on the storefront door just after 9 a.m. A nicely dressed young woman smiled [...]

26 08, 2015

Negative Reviews on Yelp Hurting Your Business?

By | 2015-08-26T09:22:59+00:00 August 26th, 2015|Asset Protection, Business Law, Business Litigation|Comments Off on Negative Reviews on Yelp Hurting Your Business?

Negative Reviews on Yelp Hurting Your Business?  Consult a Business Litigation Attorney About Possible Defamation or False Advertising Claims Nowadays most businesses, small and large alike, depend on their “on-line” presence to bring in customers. These businesses take active steps to increase their presence on the worldwide web, using various techniques to win the race [...]

18 08, 2015

Protecting Your Business from Employee Defamation Claims

By | 2015-08-18T11:48:54+00:00 August 18th, 2015|Business Law, Business Litigation, Labor & Employment Law|Comments Off on Protecting Your Business from Employee Defamation Claims

Protecting Your Business from Employee Defamation Claims ...A Performance Review Gone Wrong After working for ABC Catering company for three years as a “set-up worker”, Thomas R. had been promoted to delivery manager, given an office in the company’s office suite, and made responsible for managing the staff of 10 “set up workers”.  One of Thomas’ [...]