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 […]
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 […]
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 […]
Amending Contracts
Written contracts can generally be modified only by another signed writing or by an “executed” oral agreement (i.e., an oral agreement actually performed). Oral discussions about modifying a written contract which are not executed (performed) will not change the contract terms. At times, the parties will present to the Court a series of emails to […]
