While the old adage “you’re not doing well in business until you get sued” may have lost some of its luster in today’s economy, the specter of a lawsuit is something entrepreneurs and business owners should never dismiss out of hand. To some, a lawsuit is more than just an attempt to address a legal issue. It could be a means of settling a score, or a form of “legal” intimidation.
Business Litigation Archives
In today’s marketplace, competition among burger chains involves more than just McDonald’s, Burger King and Wendy’s. Upstart chains such as SmashBurger, Shake Shack and Burger Burger are providing stiff competition to fast food stalwarts. Like other fast food options, name recognition is critical, which is why hamburger franchise In-N-Out Burger has staunchly defended its brand names.
In the course of litigation, one thing is certain: discovery. This is the process of gathering information from opposing parties (or specifically related third parties) to identify or resolve issues in the case. Sometimes discovery will consist of written interrogatories that will need to be answered within a certain amount of time. In some circumstances, a subpoena will be served.
In prior posts, we have highlighted why it is important for companies to protect proprietary information, as such data can be vital to the success of a business. It also can have legal implications because of how negligent perseveration of private information, especially employees’ personal data, can be actionable.
We have all heard about family squabbles that spill over into the business world, however they often are reflected in soap operas. If you are a fan of “The Young and The Restless” or “Dallas” you can empathize with the struggles over “Brash & Sassy cosmetics” and “Ewing Oil.” But we rarely hear about these types of disputes playing out in real life.
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.
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.
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.
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.
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.