Category Archives: Business Litigation

The Related, Yet Distinct, Duties to Indemnify and Defend

An indemnification duty arises when an adverse judgment is imposed that involves monetary payment. Such indemnity is paid by the indemnitor, whose liability doesn’t begin until the conclusion of litigation. This is the case even if a claim for indemnity is brought as part of the underlying litigation simultaneously, in hopes of getting all parties potentially responsible before the court at one time. In such situations the parties and courts avoid having two separate trials for subjects that are the same. Continue reading

How a Writ of Attachment Works

Our Coachella Valley litigation attorneys assist with writ of attachments. Information concerning writ of attachment is located in Title 6.5, Chapters 1- 13, including Sections 481.010- 493.060 of the Code of Civil Procedure. No summons without right of attachment and bond according to law is received by the court. Continue reading

Territoriality and Well-Known Marks in the Hospitality Industry

Most of the leading hotels, restaurants, casinos and other ventures in the hospitality industry have done little to register their trademarks on a national or international basis, or have failed to enforce their marks outside of their own geographic markets. But, in this litigious society, expect legal actions from established businesses with names identical or similar to well known, major enterprises should they locate to these remote geographic areas during an expansion.

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What Business Litigation Is and Is Not

Owning a company is a daunting and challenging responsibility, full of both benefits and negatives. One of the most unpleasant aspects of owning a business is dealing with legal issues. While this is something that most business owners would rather try to ignore, understanding and preparing for legal problems is essential to a business’ reputation and well being. Business litigation is the legal term that is used for resolving disputes that are faced by business owners faced by problems and challenges by the law.

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How Can a Lawyer Help You with Building Contracts?

Once you hire an attorney at the beginning of the project, you will be at an immediate advantage. With a construction attorney, you can get the assistance you need in order to find the most profitable terms in a contract. Construction lawyers also have expertise in determining risk factors and help prevent you from having financial and other difficulties with the project. Continue reading

Benefits to Hiring a Business Litigation Law Firm

Legal agreement and arrangement issues frequently arise for business owners, especially those of you in the Coachella Valley area. During such legal problems, it is best to have it addressed by a Coachella Valley business litigation law firm. Hiring the services of a law firm would help manage legal dealings such as business litigation, insurance disputes, bad faith claims, class action suits and fraud. Continue reading

What to Do When Disputes Arise Between Shareholders and Business Partners

When a contentious relationship develops between shareholders and business partners, the accompanying stress can cause profit margins to fall precipitously. SBEMP is a Palm Springs business litigation law firm that takes decisive actions to quickly dissolve the disputes between the appropriate business stakeholders in order to rectify all requisite problems in their real estate activities. This action eliminates barriers and restores the entities’ previous profitability. Continue reading

Trade Secret Types in Businesses

A company has its own strategies, ways and tools to get ahead. This is reinforced by an innovative ability on customers through their friendliness to them, thus, enabling the company compete with its competitors. A company can only keep trade secrets, lest the given company opts to expose these secrets and ends up compromising its future. Continue reading

How to Resolve Issues with Business Litigation

Taking legal action requires individuals to jump through hurdles, and it requires people to deal with an overwhelming bureaucratic system. As the number of small businesses increase, business owners find themselves having to deal with legal issues they would not normally encounter while employed at a larger company. The recession and downturn of the economy have created an increasing trend of upstarts as people find that starting their own business has its advantages and its freedoms. Continue reading

Using Provisional Methods to Remedy a Litigation Case

Creditors have various ways to secure judgments following a court action case. Some of these terms associated with this area of the law are referred to as “provisional” or “prejudgment,” among others. These terms apply to cases that are still ongoing. Overall they work to prevent those who owe the debt from hiding, moving, encumbering, or dissipating the funds that they must pay. Keep in mind that these processes are not always in place. They are a temporary means to prevent money owed from disappearing further. Continue reading

What Happens During Wage and Hour Wrongful Termination Disputes

An employee in California can be terminated without a reason. In fact, they can be let go for any reason. This is what you call ‘at will’ employment. Unless an employee is given specified assurances stating otherwise, then all California employment is considered to be ‘at will’. The law does prevent California employers from failing to promote, demoting, or engaging in various adverse employment actions, providing their actions are motivated by any intent that is prohibited by law. Continue reading