A business is far more than bricks and mortar. Companies also have intellectual property, which is highly valuable. One key example of intellectual property is trade secrets. These include unique formulas, methods, technology, programs and data that give a business a...
Business Lawsuits & Disputes
How do I stop someone from violating my business’s rights?
They're breaching their contract! He’s wrongfully competing with me! She’s using my confidential documents! How do I get them to stop? You can hear these cries for help from business owners every day. Running a business exposes you to all kinds of challenges from...
What is a document preservation policy and why does your business need one?
As a business owner, you cannot afford to spend your days in fear of being sued or subpoenaed. You need to get on with running your company. That does not mean you can avoid the possibility of being sued, however. A lawsuit can rear its ugly head when you least...
Dos and don’ts for responding to a business lawsuit subpoena
Has your business been served with a subpoena? These legal documents are court orders that require action on your part. The subpoena may direct you to show up at a certain location to submit to questioning or produce certain documents. The information it asks for may...
Can the “business judgment rule” protect my company’s board of directors?
Business decisions can sometimes be unpopular with stakeholders, especially if the decisions made are particularly risky or controversial. This can potentially lead to lawsuits against the company’s board of directors – even when the board has not violated any laws or...
What is the difference between direct and derivative shareholder lawsuits?
Shareholders are legal entities or individuals who have registered shares in either private or public corporations. Despite having a financial interest in a company, most shareholders generally have little to do with the day-to-day business operations. If the company...
Business law and accounting: Shareholder derivative lawsuits
The structure of corporations can be complex, particularly when the business is significant in scale. There may be several key shareholders who own a stake in the company. However, not all shareholders are necessarily involved in the day-to-day decision making of the...
Addressing financial misconduct from your business partner
Having a business partner on your side who shares your vision and goals for your company can be extremely beneficial. You also need a business partner who you can trust, particularly with the company’s reputation and with money. Unfortunately, some business...
Legal ethics for clients: What your litigation team cannot do
If you are in the midst of a court case, your legal team is there to guide you and protect your rights. They should do everything in their power to put your interests first. However, lawyers are subject to certain rules and regulations. As a result, the representation...
What is a “frivolous claim” and why is one a problem?
Legal cases are judged on their substance. Parties to proceedings generally present their side of the argument by submitting evidence to the court for review. In civil proceedings, the burden of proof is based on a preponderance of evidence. Essentially, this means...