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Business Litigation Archives

What you should know about settlement conferences

Despite what they may say about litigation, companies do not want to be dragged kicking and screaming to into lawsuits; especially when they believe that the suit is an organized form of bullying or exploitation. Nevertheless, in today’s business climate, this tends to happen; and if it happens to your business, it is helpful to be prepared for the process.

Why data collection best practices are essential

If you are creating a brand through a start-up company, customer lists and feedback are nearly as valuable as your offerings. After all, knowing how your customers think, shop and react to new products are essential to remaining relevant in the marketplace. Suffice it to say, collecting information on customers has become a mainstream practice for businesses across industries.

Three ways to protect your business after being sued

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.

In-N-Out Burger files trademark suit to protect its brand

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.

What to expect with a subpoena

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.

Labor Department rebuffed in pay discrimination probe

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.

When life imitates art in family business disputes

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.

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.  

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Klein & Wilson

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

Newport Beach Law Office Map Phone: 949-478-0521
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