Like all relationships, relations between business partners can become strained, at times to the point of breaking. Disputes can and do arise for a variety of reasons, from lack of communication to outright fraud. Typical claims that are raised in partnership disputes include actions for accounting, breach of contract, negligence, fraud, and breach of fiduciary […]
Can a defendant be insured for contract breaches?
Insurance policies do not provide any coverage (either defense or indemnity) for contract breaches. Rather, most liability insurance policies provide coverage for personal injury and/or property damage claims. Some insurance policies provide coverage for “professional negligence” and/or “errors and omissions.” Depending upon the circumstances of the case, the insurance policy involved, and the allegations of […]
Trade Secrets and Former Employees
In our modern, complex society, many businesses develop, maintain, and rely upon trade secrets to shield competitive advantages in their marketplaces. A “Trade Secret” is information (including a formula, pattern, compilation, program, device, method, technique, or process) that derives independent economic value, actual or potential, from not being generally known to the public (or to […]
Mitigation of damages in a breach of contract case
When a breach of contract occurs, the party not in breach is required to mitigate (i.e., to minimize) his or her damages by whatever means are reasonably available. A failure to mitigate damages will result in a loss of the right to recover the amount that should have been mitigated. Let’s say, for example, a […]
Remedies for breach of contract: legal, equitable, injunction and rescission
A “remedy” is the relief a Court may grant upon finding that a wrong has been committed. Remedies for breach of contract fall into two main classifications: “legal” remedies (i.e., the right to be awarded monetary damages) and“equitable” remedies (i.e., the right to some relief from the Court other than damages). Legal remedies With regard to […]
Commercial and residential real estate disputes
There are some major differences between a residential real estate and commercial real estate disputes. The California State Legislature has passed a number of laws regulating residential real estate transactions. One of the most important of those is a statute requiring the seller to make written disclosures about the property being sold describing a number […]
Whistleblower – Proving Retaliation by an Employer
How do you prove a whistleblower case? Usually, the best way to prove that there has been retaliation against a whistleblower is some type of documentary trail. Maybe there is some email that reflects that a complaint was made to a governmental agency or within the organization itself, and then after that complaint was made […]
“Implied” Contracts
Contracts are usually based on words, either written or spoken. Such contracts are “express contracts”; i.e., the terms of such contracts are expressed by words, and from those words, the Court can review the parties’ contractual obligations. But not everyone is good at expressing themselves verbally, and not every agreement is reduced to words. Taking […]
The Art and Science of Litigation:/Common Challenges
Clients involved in contested matters come to attorneys for guidance regarding the litigation process. Oftentimes, clients on opposite sides of a dispute believe 100% in the justice of their cause, yet, in the usual case only one of the sides will prevails in the litigation. Contract litigation attorneys are schooled in the art of risk […]
Class Action: Opting Out vs. Remaining in the Class
Depending on the type of class action claim that has been asserted and knowing there was a violation of the law, an employee will likely receive more if they opt out and file their own lawsuit. On the other hand, if the amount at stake is nominal, all a potential class member has to do […]