Category Archives: Commercial 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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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

Social Media and Commercial Litigation

The use of social media has become a sounding board for various interests, information, and the expression of feelings. The latter can lead to another’s invasion of privacy, or harassment, when taking a hurtful situation too far. In a recent HG article, the topic of defamation of character, by using slanderous remarks, were discussed to be a gray area that relies on individual states to make a judgment. Continue reading

5 Great Tips On How To Avoid a Lawsuit

Approximately 15 million civil lawsuits are filed each year in the United States and therefore many are at least somewhat concerned about the possibility of being sued. Whether you are a business owner, lawyer, doctor, architect or none of the above, if you are interested in avoiding a lawsuit, this article has tips for you. 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

Statistics of Corporate Lawsuits and How to Prevent Litigation

A 2011 Supreme Court decision has had a major effect on the number of class action lawsuits being brought by employees against companies, as the employers are pushing arbitration as the top option. Consumer disputes can now not be the subject of class action disputes, which has led to dramatic declines in both the number of class action consumer lawsuits and the cost of these to companies. A Coachella Valley corporate law firm can make a number of recommendations for any company that is concerned with the potential for class action lawsuits being brought against them. 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

Are Your At-Will Employment Documents Worded Correctly?

More and more private business owners are noticing the “at will” employment approach for their business. This type of employment means that an employer does not have to give any employee an advanced notice of termination of their job, nor does the employer have to justify to the employee why they are being relieved of their duties. This law upholds the fact that employers do not have to give a good reason for termination of the employee. Continue reading

Partnership Litigation: Suing Your Partner and the Journey through Business Litigation

A Coachella Valley commercial litigation attorney specializes in litigation of business partnerships. One must be a skilled trial attorney and a trusted advisor if they deal with a partnership. Bad feelings develop when trust is broken. Business litigation attorneys must use caution and sound judgment in their case analysis, their plan to reach the endgame, and their cost analysis. Continue reading

Resolve California Business Litigation Settlements Before Trial with Alternative Dispute Resolution

Alternative Dispute Resolution (ADR) programs, by design permit more control for those in search of aid to addressing their problems, which can allow for a faster resolution.

Litigants who are faced with business disputes, employment law cases, commercial litigation and other civil lawsuits often prefer the ADR procedure of mediation, as compared to nonbinding arbitration. When questioned for opinions on a court trial, respondents favored judge trials over trials by jury. Knowing this preference can assist the courts when looking to increase or persuade contribution in voluntary ADR dealings. Continue reading