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Business Litigation Archives

Is your jury waiver agreement enforceable?

It is not uncommon for small businesses and corporations to enter into agreements that have jury waiver provisions that may apply in the event an aggrieved party files a lawsuit. These provisions are arguably as common as arbitration or mediation requirements. After all, preparing for a jury trial can be much different (and perhaps more costly) than preparing for a bench trial. Because of this, some companies may favor them.

The Ninth Circuit Expands the Reach of Retaliation Claims under Dodd-Frank

If your client is an employer in any of the states in the Ninth Circuit, including California, the client's chances of being sued for a retaliatory discharge under Dodd-Frank may have increased exponentially.  

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.

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.

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.

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.

Qualcomm sued by Apple for royalty, licensing issues

The news cycle has been dominated by the Trump administration and its actions in the last 10 days. While this is certainly understandable and necessary for the media to report on, this is a business litigation blog -- and so in that respect, we'd like to focus your attention on a business story that may not have caught your attention recently given the national issues that are at the forefront at this time.

Why business fraud is such a complex legal matter

When you hear of cases that involve fraud and business, you would like to think that it is something that is done to you (or to the victimized party) from the outside, mainly because that seems the most logical way for fraud to occur. But, in fact, many business fraud cases actually happen from inside -- a rogue employee or someone with nefarious intent undermines your company and deliberately neglects his or her fiduciary duty to steal money or assets from the company.

What forms of bankruptcy are available to businesses?

When a business is deciding whether to go bankrupt or not, there are usually three chapters of bankruptcy that they would be considering. The first is Chapter 7 bankruptcy, a fairly standard form of bankruptcy whether you are a business or an individual. In Chapter 7, liquidation is the process by which the bankrupt entity fulfills its debts, while also clearing out other debts through discharge. For a business, Chapter 7 usually means the end. It is also a good option for companies that don't have significant assets.

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Klein & Wilson

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

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