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Business Litigation Archives

Business litigation: be prepared for wage and hour claims

There are a lot of ways in which a business can find itself embroiled in litigation. Unfair and deceptive trade practices, product liability and breach of contract disputes are common. While these legal actions can threaten the financial well-being of a business, as well as its reputation and good will, consumers and employees can also be negatively impacted when a business fails to act in accordance with the law. This is why all parties to a business dispute should make sure that their interests are aggressively protected throughout the legal process.

A primer on unfair competition

Business professionals in Ohio can find themselves embroiled in a whole host of legal issues. Contractual disputes, intellectual property misappropriations and product liability complaints can all threaten a business's financial status and its reputation, possibly leading to business litigation. Therefore, businesses need to understand the law and how to use it to their advantage.

Ohio wage dispute heads to federal court

The workplace can be home of various disputes. Employment law disputes can have a profound impact. For an employee, it can mean lost wages and diminished opportunities. For an employer, it can mean lost revenues and harm to its reputation. Depending on the number of employees involved, the amount of compensation in question and the opportunities at issue, the stakes can be quite high. This is why those who find themselves embroiled in one of these disputes need to consider having a strong legal advocate on their side.

Can a verbal offer constitute an enforceable contract?

One of the most common documents used in business dealings are business contracts. These are important documents that spell out a lot of details. Unfortunately, a lot of business litigation centers on contract disputes. Breach of contract claims are quite common, but the frequency with which these matters are alleged doesn't reduce their significance. A breached contract can cause harm to all parties involved.

Panera bread pursuing legal action for breach of non-compete

Successful contract negotiation takes a lot of foresight. The terms of these agreements can have long-term consequences that can define business relationship for years or even decades. But while thoroughly negotiating and carefully drafting the terms of a contract is important, equally crucial is the enforcement of those terms. After all, a party that doesn't take action in the event of a breached contract is left with no recourse. This means that it will essentially be taken advantage of without punishment for the financial harm it is causing to the other party.

Business litigation and product liability

Business endeavors provide their customer base with reliable goods and services. However, despite their best efforts, sometimes consumers claim that they were harmed by a business's product. When this happens, a product liability lawsuit may be levied with a consumer hoping to recover compensation for their alleged damages. In these circumstances, a business needs to be prepared with a strong civil defense if it hopes to prevail.

What terms are found in an employment contract?

Promises made and the follow through on those promises make the business world work. In its most basic terms, these are the elements of a contract. One party promises something in exchange for something else. When one side fails to keep its promise, then a breach of contract may be at hand, leaving one of the parties financially harmed. These contracts can be seen in just about every aspect of the business world, but one of the more common, and most negotiated, is the employment contract.

The basics of trademarks and trademark infringement

Creating a business is a challenge. Maintaining that business and the good will it has developed over time is a whole other matter. Although this means building and utilizing business relationships through the proper use of contracts, as well as having adequate supply and demand to make one competitive in the market, it also means protecting intellectual property. This property, which includes copyrights, trademarks, and patents, can mean the difference between running a successful and profitable business and having one that is being taken advantage of by others.

Remedies for breach of contract

Contracts make the business world function effectively. When utilized properly, these documents can spell out expectations amongst parties to an agreement, which may include business entities and consumers in Ohio. Although the purpose of a contract is to try to provide clarity and thereby avoid conflict, quite frequently the terms of a contract are not adhered to, whether this means a payment for goods is not made, an agreed upon service is not rendered or performance of the contract is made inadequately. When this happens, the contract has been breached.

Sometimes, both sides can win in court

In business, every decision has consequences. There is more at stake than just the surface value, as decisions compound and infiltrate other business measures. Everything is intertwined, which means it is extremely important to weigh the pros and cons. Always remember the bigger picture when considering a lawsuit against a competitor or former partner.

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