Category Archives: Business Disputes

The Power of the Demand Letter

            Week after week, I meet small business owners and just individuals that complain about someone breaking a deal or a contract, but that a lawyer is just too expensive.  Now, I’m not one to advocate pulling the litigation cord every time a deal goes south, but the blanket statement that a lawyer is just too expensive means that either (1) they’ve never actually hired an attorney or (2) they’ve hired a bad attorney. ...

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Piercing the Corporate Veil – Are you sure you’re a corporation?

A great man named George Costanza once said 'it's not a lie… if you believe it…" And this is just what many small business owners do – they lie to themselves by calling their business a corporation and then they say it and write it down so much that they believe it's true. Well, the problem is that to properly be a corporation, you have to follow procedures. You have to have meetings to take certain actions, you have...

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Mediation – Your Chance to Choose the Outcome

Mediation, while no longer really considered 'new,' is relatively still in its nascent stage – at least in terms of its use. You've probably heard the term thrown around or maybe you're reading this because you've got one coming up in your case. Your most important questions is probably 'what is mediation?' Luckily, the mediator will explain this in his or her opening statement before you're launched into the process. However, it's still pretty nerve-racking to walk into a process...
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Is Your Non-Compete Enforceable?

Business is picking back up and employers are beginning to ramp up hiring. That's great, of course…and maybe it means you're starting to get some job offers to lure you away from your current job. Maybe better money, better market, better work schedule…and on and on. One little problem, right? – You signed a non-compete. You may not have paid it much attention when you signed off on your HR packet, but now it's a big deal. So,...

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How to Properly Break a Contract

When you're in business, you have contracts. If you don't, you're probably doing something wrong. More importantly, when you enter contracts, you intend to keep your side of that contract and you surely expect the other side to keep its end of that promise. However, business is money and money drives decisions. That's why there are no punitive damages for breaking a contract. That said, you should consider the consequences because there likely are going to be consequential...

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