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- Breach of Contract Litigation: What Do I Need in a Contract?
If a party sues for breach of contract, the onus is on that party to prove the validity of a contract. This party has the duty to show that all of the necessary elements are present. The following elements must be in all valid contracts
- Anti-SLAPP Motions in Connection with Employment Law Claims
Employers and employees alike should be aware of the not-so-new litigation device known as the anti-SLAPP motion to strike. This motion, typically filed in the early stages of a case, is designed to strike a Complaint before it gets off the ground.
- SEC v. Dawn J. Bennett: From “Financial Myth Busting” To “Busted”
Last fall, the SEC initiated disciplinary proceedings against financial advisor and self-proclaimed “Financial Myth Buster” Dawn Bennett, accusing her of publicly inflating her client assets under management (or “AUM”) and exaggerating her investment returns.
- What Is It and What Happens in a Class Action?
Class actions provide a number of benefits to plaintiffs who can band together, usually to take on a big manufacturer or defendant with heavy pockets and a legal team on hold.
- Business Litigation: Swinging a Bigger Stick
Everyone knows that litigation is an expensive distraction from the true mission of any business. Good management, with well drafted contracts and employee supervision, go a long way to minimize lawsuits. However, despite the “best laid plans”, things happen.
- Letter of Intent: Is It Enforceable in California?
It often happens, when negotiating business deals, that one or both of the parties wants some assurance that their negotiations are serious and will ultimately result in a binding contract rather than a waste of valuable time.
- California Corporations Facing Lawsuit Must Be Represented by an Attorney
by Kaass Law
If you are an officer, president, or owner of a California corporation and have been served for purposes of a lawsuit or pending legal proceedings it is vital that you hire a business defense attorney to represent you in court. Pursuant to Paradise v. Nowlin (1948) 86 C.A.2d 897, Code of Civil Procedure § 116.540(b).
- Statute of Limitations in California: Common Causes of Action
In civil matters, a statute of limitations is a law which places a deadline on the time frame in which a victim may pursue a claim against a wrongdoer. This “deadline” varies depending on the cause of action involved, but whatever the time limit, once the statute of limitations expires, the legal claim can no longer be pursued in a court of law.
- Breach of Contract Litigation: The Guaranty
Many consumers are influenced to purchase a product because a guaranty is offered on the product. This guaranty instills confidence in the consumer. However, when a manufacturer does not comply with the terms of the guaranty, legal issues may arise.
- Making Breach of Contract Actions Worthwhile: Liquidated Damage and Attorneys’ Fees Provisions
As business litigation attorneys, we sometimes have the unpleasant task of informing clients that their “breach of contract” case is not worth pursuing because the legal fees and costs to pursue legal action are likely to exceed the recoverable amount in their case.