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Business Litigation Archives

Drama unfolding between Sears and vendor

When two companies sign a contract, they legal accept that the terms of the contract must be followed. It is possible to change the terms of the deal if formal discussions are held and an acceptable amendment to the contract (or even a new contract altogether) is agreed to. However, no company can just unilaterally pull out of contract without cause and no company should allow a partner to flagrantly violate the terms of such a deal.

Contract breached? There are legal remedies for that

We have written about contract disputes in the past on this blog. A couple of months ago, we wrote a post about FOX and Verizon FiOS settling a contract dispute, one that could have a dramatic impact on the reputations of the companies involved. Contract disputes like this area often settled out of court, but many still make it to court. Breach of contract issues often go before a judge who ultimately determines how the case will be handled going forward.

Some factors to consider when bankruptcy looms

Businesses fall on hard times every now and then, and when financial problems arise it is important for that business to be honest with itself and take the proper steps to address the legitimate issues it is having. Ignoring the financial problems that confront you today will only make things worse down the line. This is a crucial step in the business bankruptcy process: talking to your creditors and informing them of your issues could actually foster solutions to your financial problems. Your creditors could work with you to restructure debt.

Why business structures matter

Imagine for a moment that you are starting your own business. Let's say that you want to sell athletic sports equipment in your city. So you coordinate with the producers of the equipment and work with distributors to make your business vision become a reality. We've greatly simplified the process here, but let's say that at this point, you are ready to open your doors and sell some gear.

Mergers, acquisitions and complicated business litigation

The path a business follows throughout its existence never follows a straight line. There are twists and turns, major events and precarious situations. When things gets tough, it is imperative that those in charge of the business have a concrete plan in place to effectively manage and deal with those issues.

Business bankruptcy on the rise? 2016 numbers say 'yes'

It may seem counterintuitive given the implication of bankruptcy, but a commercial, corporate or business bankruptcy can be an opportunity for the company in question. Now, obviously there are some serious financial and legal issues that need to be addressed if the company is filing for bankruptcy. But the filing can not only buy the company some time to deal with these things without their creditors taking action, it can also allow the company to reorganize itself or construct an exit strategy. Businesses in bankruptcy can sell their assets -- or even the entire business -- to successfully resolve their problems.

Will trade secret litigation increase in 2017?

Trade secrets are vehemently protected by their creators. Companies do everything they can to ensure that their secret manufacturing process or their secret ingredient is kept under wraps so that their competitors can't replicate their iconic and brand-making tricks. By their very names, trade secrets are not supposed to be public knowledge. They are supposed to be kept hidden away so that the creators can benefit from it's unique nature.

CoStar, Xceligence head to court due to alleged IP infringement

When a company acquires another company or merges with another company, there are some serious legal matters that need to be tended to. Just one of these many issues is the matter of intellectual property. A recent news story exemplifies this fact.

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