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Orange County Business Litigation and Legal Malpractice Law Blog

Four ways to avoid lawsuits and save money

There’s an old adage about business; if you’re in business long enough, you will eventually be sued. While many business owners can identify with that adage, it does not mean that your next lawsuit is already on the horizon. It basically means that given today’s litigious business climate, businesses should take certain steps to mitigate disputes that can lead to lawsuits.

With that, we offer several tips that can help. 

What to do after a data breach to avoid potential lawsuits

When a business deals with sensitive customer information, it is important to implement measures to avoid a data breach. Many companies employ a range of preventive measures, including thorough employee training and sophisticated security software.

While prevention is indeed a key component to fighting against the threat of a data breach, it is also vital to have protocol and procedures in place to employ if a data breach occurs.

Beware of Hidden Rent Increase Clauses

Think your commercial landlord cannot change your annual rent? Think again! Some commercial landlords insist on lease provisions giving them the unfettered right to re-measure the square footage of the office space. Such clauses may provide, "The rentable square feet of the premises and the building are subject to verification from time to time by the landlord." Such clauses provide the landlord a unilateral right to re-measure tenants' office space any time. Of course, the landlord will likely "re-measure" only if it results in a rental rate increase.

Tips: avoiding business litigation (PART 1)

No matter how big or small your company may be, the thought of having to face a business dispute can be quite frightening. Unfortunately, in many cases, it may be inevitable that a business dispute will come up in the lifetime of your business. Of course, that dispute could be handled in a handful of ways and that’s where the real issues can occur.

The fact of the matter is that any business owner who gets into a dispute would love to handle it swiftly and effectively. But that is not always the case. Sometimes there’s a lack of communication or hurt feels and these issues can quickly escalate. Some business owners may wonder if there are ways that they could avoid business litigation. While there is no way to guarantee that litigation won’t happen (because in some cases, it is the best option), we can offer some tips that may help a company avoid having to litigate.

Youth baseball camp business dispute resolved in federal court

Little league baseball is big business. This is what the U.S. District Court in Washington found out in a lawsuit between former co-owners of Headfirst Baseball, a multimillion dollar youth baseball and summer camp company.

This four-year legal battle between Brendan Sullivan and Robert Elwood reached settlement during the damages phase of the federal court trial. Elwood, who was accused by Sullivan of stealing more than $700,000 from their company, agreed to pay back $498,000 as well as $100,000 more in punitive damages.

Does your company have trade secrets?

Many businesses may not realize they have trade secrets, much less understand how to protect them. The term "trade secrets" encompasses more than just recipes. A wide range of intangible assets fall under this category, including formulas, methods of operation, client lists and other tools necessary to run your business.

As these assets are often the backbone of the success of a company, it is vital to identify what needs protecting and take measures to safeguard that information.

The dos and don'ts of contract negotiation

Contracts are an essential component of any business, from initial startup to everyday operations to continued development. As such, it is vital to possess skills and knowledge of the contract negotiation process.

When negotiating contract terms, it is important to reach an agreement that is in the best interests of your business. At the same time, you want to foster positive relationships with business partners through fair compromise. Knowing what to do or not do during negotiations can help to achieve the above objectives, as well as avoid potential contract disputes.

Defend yourself against copyright infringement

Copyrights are potent legal tools that can benefits individuals and companies. A copyright is a legal right that protects an original work of authorship that is fixed in a tangible form. This "fixed" form means that the work must be written down or recorded in some reasonable or permanent way. Without the "fixed" form of the authorship, it can't be copyrighted.

When something is copyrighted, the person or company that holds the copyright is granted a number of exclusive rights:

Google partner company sues Uber for theft of technology

Uber has been having a rough few weeks. After the company reduced surge pricing at a New York airport when protesters of the recent travel ban flooded the gates, users of Uber deleted their accounts en masse. Then there have been the sexual harassment claims over the last week that have haunted the company, in some form or another, since its inception.

Now comes word that a company created by Google's parent company Alphabet is suing Uber for stealing their laser technology for self-driving cars. Waymo says their system called LiDAR, which shoots millions of lasers outward to create "a 3D picture of the world" so a self-driving car can navigate it, was stolen by a former employee and given to Uber. Waymo alleges 9.7 gigabytes of data were stolen from them.

How a contract dispute lawsuit holds companies responsible

A contract is just a piece of paper with some provisions and rules written on it. The document means nothing if the individuals, companies or parties involved in the contract don't hold their partners to task. This is where a contract dispute can arise: when one individual, company or party doesn't uphold their end of the bargain, the other side can file a lawsuit to finalize the contract dispute and figure out what remedies are available to fix the situation.

This may seem obvious and pedestrian, but it is important to realize this because some companies don't stand up for themselves or their rights. As such, their company is damaged.

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Klein & Wilson

Klein & Wilson
4770 Von Karman Avenue
Newport Beach, CA 92660

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