Q: If my employer wants me to sign a non-compete agreement, what do you advise? My advice is to talk to an experienced employment attorney regarding any California non-compete agreements. While unenforceable in California, employers are getting wise in terms of how they craft their agreements. For instance, if there is an employer who is […]
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 […]
“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 […]
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 […]
