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Business Litigation Archives

7 questions regarding a breach of contract

While it is true that all breach of contract cases have their own unique details - such as what was promised or how much it cost - there are still basic elements that a judge will look at every time a claim is made. These constant elements can help determine A) if there was a breach and B) what is owed as a result of that breach.

You can sue a board member for a breach of fiduciary duty

If you have investments, a will, or a company with a board of directors, then you should know what the term 'fiduciary' means. It's a term that refers to someone who's in a position of responsibility. Anyone who assumes such a role, whether it's as an investment portfolio manager, an executive of an estate, or a board member, generally qualifies for monetary compensation or other valuable benefits in exchange for their services.

What can I do if someone violates a confidentiality agreement?

California employers often have their employees and independent contractors sign confidentiality agreements before they're allowed to take on a job. Employers do so for a variety of reasons. One of the more common reasons is to protect the business' intellectual property rights such as trade secrets.  Confidentiality agreements often spell out the penalties that a worker face should they violate their company's trust.

Don't take enforcing your nondisclosure agreement overboard

Many shocking details emerged from the recent trial of famed movie producer Harvey Weinstein. One particularly eye opening detail revealed to the general public is how someone in a position of power like Weinstein often require employees to sign nondisclosure agreements (NDAs) in hopes of keeping workers quiet about any alleged indecency in the workplace. If you're using an NDA for the same reason, then you could expose yourself to legal liability.

DoorDash in disputes over arbitration clauses, contractor status

How can I deal with negative reviews?

The internet is a great tool for consumers. Not only does it allow them to search for local services and goods, it also provides a platform for their voices to be heard. While this is great when customers have positive feedback for your business, many business owners are unsure of how to respond after receiving a negative review. Entrepreneur offers the following advice on how to handle poor customer reviews in the best way possible.

Can employers give bad references about former workers?

Employers would often contact an applicant's previous place of employment as a common measure in the hiring process. While many people claim that former employers are not allowed to disclose certain details, this is not exactly true. The Balance outlines the scope of what former employers are allowed to disclose when asked about employees, as well as mitigating measures against any potential legal issues.

What can I do about a disgruntled employee?

As a business owner, you must take the proper steps to ensure your employees are happy. However, despite your best efforts, some employees may still experience issues that may result in a negative demeanor and decreased performance. Knowing how to handle disgruntled employees is key, both for the success of your business and the morale of your staff. Entrepreneur offers the following tips to help business owners and managers deal with unhappy employees.

Handling litigation as a young business owner

Many ambitious young people decide to start successful businesses to pursue their dream of a better life. Not only do young entrepreneurs encounter a multitude of successes, failures and daily hardships, but their entire life may be affected by the financial health of their business (for better or for worse). Unfortunately, many things can go wrong, such as legal action that arises over a misunderstanding or unintentional wrongdoing. After all, those who may have started a business for the first time may not have a great deal of familiarity with various aspects of business law, and these lawsuits can be especially overwhelming for young business owners.

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