Barkan & Robon Ltd.Maumee Business Litigation Lawyers | Toledo | Barkan & Robon Ltd.2024-03-15T07:22:23Zhttps://www.barkan-robon.com/feed/atom/WordPressOn Behalf of Barkan & Robon Ltd.https://www.barkan-robon.com/?p=503482024-03-15T07:22:23Z2024-03-15T07:22:23ZKey defense strategies when you’ve been accused of breaching a contract
Depending on the facts of your case, you might have several defense options available to you when you’ve been accused of breaching a contract. This includes each of the following:
It’s no longer possible for you to adhere to your obligations under the contract due to something like a natural disaster, an act of God, or supply chain issues. To succeed here, you just have to show that you can’t abide by the terms of the contract under normal circumstances.
You were duped into signing the contract because the other party fraudulently induced you to agree to its terms. Here, you have to show detrimental reliance and the intent of the other party to mislead or lie in order to secure your agreement to the contract.
The statute of limitations has run, meaning that the alleged aggrieved party didn’t bring their claim quickly enough.
The other party acted in a wrongful manner that would render it fundamentally unfair for you to adhere to the agreement.
There’s been a mutual mistake of fact that renders the contact untenable.
Effectively defend yourself against allegations of breach
There’s a lot on the line when you’ve been accused of breaching a contract. That’s why you need to be diligent in building your defense to these sorts of allegations. By doing so, you’ll hopefully protect your business and its reputation far into the future.
]]>On Behalf of Barkan & Robon Ltd.https://www.barkan-robon.com/?p=503472024-03-04T21:46:46Z2024-03-01T21:45:34ZLegal issues in real estate
At Barkan & Robon Ltd., our law firm understands the complexities disputes or issues can bring to a real estate transaction. Thus, our attorneys use their years of experience and knowledge to guide our clients through the process, helping to ensure their rights are protected and an optimal resolution is reached.
Legal issues arising in the realm of real estate can range from minimal to detrimental. However, no matter how significant the issue, it is important to note your rights and the options afforded to you to better protect them.
Whether you are dealing with your home or a business, you might encounter issues regarding the purchase, sale or acquisition of the property, zoning and development plans, eminent domain, leasing the property, financing, foreclosure process, tax valuation and tax deferred exchanges under Section 1031. Having an experienced legal professional on your side can help you understand your unique situation as well as the options available to resolve the legal issues at hand.
Real estate litigation
A lot could be at stake if a real estate transaction does not go through, or the issues encountered are not resolved. Often, negotiations are used to reach an agreement; however, this is not always the resolve. At times mediation might be necessary, but real estate litigation might be the best mechanism to reach a resolution.
Depending on the issue, litigation can look vastly different from matter to matter, making it important that you gain insight and guidance on how to proceed with this process. A legal professional can answer any questions, guiding you through any disputes, setbacks or complications. This helps ensure your interests and rights are in the forefront of the real estate transaction you are involved in.]]>On Behalf of Barkan & Robon Ltd.https://www.barkan-robon.com/?p=503462024-02-20T07:43:27Z2024-02-20T07:43:27ZEstate planning for asset longevity
There are many ways to approach your estate planning. But if you want to protect your assets from being squandered away and ensure that they last for a significant period of time, then you might want to consider the following estate planning options:
Spendthrift trust: If you’re going to leave assets to a family member you suspect will quickly spend away their inheritance, then you might want to consider a spendthrift trust. This trust incrementally releases assets to the named beneficiary, thereby ensuring that they can’t access and waste the entirety of the trust’s funds. Additionally, the assets that remain within the trust are protected from the beneficiary’s creditors.
Discretionary trust: This trust is similar to a spendthrift trust in that assets are incrementally distributed, thereby ensuring their longevity. The big difference here is that the trustee you name to manage the trust has discretion as to when assets are released to the beneficiary and in what amount. So, if you go this route, you should ensure that you trust the person who name to act in that capacity.
Generation-skipping trust: You can ensure your assets last in the long-term by giving them to your grandchildren, which this trust type accomplishes. This type of trust also has tax benefits that might be enticing to you.
Incentive trust: With this trust, you condition the release of trust assets on the accomplishment of a triggering event. This might be graduation from college, completing substance abuse treatment, getting married, having a child, or holding a full-time job for a specific period of time. This trust, then, gives you the ability to control your beneficiary’s behavior, which, in turn, might make your wealth last longer.
Careful beneficiary designation: If you have legitimate concerns about your estate being squandered away, then you should carefully consider to whom you leave your wealth. You might be able to ensure asset longevity simply by choosing the right beneficiaries, those being individuals you can trust to be responsible with the wealth you leave to them.
Customize your estate plan to suit your needs
The estate planning process is customizable to suit your needs. That gives you a lot of flexibility in how you distribute your wealth. To create the estate plan that’s right for you, though, you have to know your estate planning options and how they’ll fit in with your financial picture and your family dynamics. If you’d like to learn more about how to create the estate plan that’s right for you, then please continue to read our blog and our website and be sure to seek out any additional guidance you may need.
]]>On Behalf of Barkan & Robon Ltd.https://www.barkan-robon.com/?p=503452024-02-15T18:46:14Z2024-02-15T18:46:14Zunderstanding potential defenses becomes crucial to protect your rights.
Absolute defenses and eminent domain
An absolute defense in legal terms completely nullifies the opposing party’s claim without delving into other considerations. Unfortunately, Ohio does not offer straightforward, absolute defenses against eminent domain. The state’s constitution and laws grant considerable discretion to entities wielding eminent domain powers, such as utilities, railroads and pipelines. As long as the necessity and public purpose of the taking can be demonstrated, the process can proceed.
However, this does not imply a lack of recourse for property owners. While absolute defenses might not be readily available, various defenses can still be raised to challenge or modify the eminent domain action. We will examine four below.
Potential defenses to eminent domain
The first is the necessity challenge, in which you argue that the taking is unnecessary for the proposed project. Here, you demonstrate alternative routes or locations that would achieve the project goals with less impact on your property.
Next is the public purpose challenge. This argues that the taking serves a private benefit rather than a genuine public use. Here, you would show evidence that the project primarily benefits a specific developer or company rather than the broader public interest.
Another argument is the abuse or discrimination challenge, in which you argue that the taking violates constitutional rights, such as due process or equal protection. In this challenge, you demonstrate that the taking is motivated by discriminatory factors, whether racial, economic or through procedural violations.
Finally, there is the inadequate compensation challenge, in which you argue that the offered compensation is not just or reflective of the property’s value. Here, the strategy is to highlight unique features, potential uses or sentimental value not adequately considered in the government’s appraisal.
Conclusion
Understanding your rights when your property is at stake in an eminent domain action in Ohio is crucial. However, gathering evidence, negotiating with the government and navigating the legal process can be complicated.]]>On Behalf of Barkan & Robon Ltd.https://www.barkan-robon.com/?p=503442024-01-30T12:21:34Z2024-01-30T12:21:34ZWhen to pursue debt collection litigation
Most businesses hate to take their clients to court to recover the debt that’s owed. We understand the desire to retain your business relationships, which is why a lot of businesses forego debt collection litigation unless:
The debt owed is significant.
There’s solid documentation that the debt is owed and is past due.
The debtor has the resources to pay you back.
The debt is significantly overdue, typically by 90 days or more.
While you can try to collect the debt in an informal fashion while avoiding harassment, sometimes litigation is your last option.
How to prepare for debt collection litigation
Before moving forward with legal action, you should gather the evidence needed to support your claim. This includes:
The invoices in question.
Any written communication with the debtor.
Any demand letters that you’ve sent.
Once you’ve initiated legal action, you could also secure the debtors financial records, giving insight into their ability to repay the debt in question. Together, this evidence should paint a clear picture of the debtor’s obligation and how they’ve fallen short of it.
Are you ready to move forward with business litigation?
Business litigation is oftentimes the only way to protect your interests. So, if you’re ready to take the legal action necessary to recoup what you’re owed, then please be sure to seek out the answers to any of your lingering questions so that you can confidently move forward with the process.
]]>On Behalf of Barkan & Robon Ltd.https://www.barkan-robon.com/?p=503432024-01-18T21:54:51Z2024-01-18T21:54:51ZBoth the United States Constitution’s Fifth Amendment and Ohio Constitution’s Article I, Section 19, mandate the provision of just compensation (fair market value) to property owners whose property is taken under eminent domain. Partial takings also necessitate compensation for the resulting loss in property value.
However, this power is not without limitations. The government must prove the necessity and public purpose of the taking, emphasizing accessibility or utility for the general public. It is expressly prohibited to take private property solely for the benefit of private interests. The public must stand to benefit from the action.
Can private parties be involved?
In Ohio, the Ohio General Assembly grants the power of eminent domain to specific entities, including counties, townships, municipalities, school districts and public utilities. These entities can wield eminent domain for their projects or delegate it to other entities aligned with public purposes.
For instance, a county might employ eminent domain for a renewal project, like a park or library.
Alternatively, a county could delegate this power to a private developer engaged in a mixed-use project combining affordable housing, retail and office space. In both cases, the government must demonstrate the necessity and public purpose of the project.
However, private businesses not classified as public utilities are barred from leveraging eminent domain for their exclusive gain. This was emphasized in a 2006 ruling by the Ohio Supreme Court when it rejected the city of Norwood’s attempt to seize property for a private developer’s shopping mall and office complex, deeming it a financial benefit, rather than a public use.
Eminent domain can lead to complex and contentious issues, pitting public and private interests against each other. While certain private businesses can sometimes benefit from eminent domain om projects aligned with public purposes, stringent conditions must be met. The law mandates necessity, public purpose, just compensation and due process in any eminent domain action.]]>On Behalf of Barkan & Robon Ltd.https://www.barkan-robon.com/?p=503422024-01-05T22:24:18Z2024-01-03T22:11:21Zbuy-sell agreement.
The basics of a buy-sell agreement
In its most basic form, a buy-sell agreement is a contract between among the owners of stock in a corporation or shares in a partnership that governs the disposition of a shareholder’s or partner’s interest upon the occurrence of one or more specified events. These events, usually called “trigger events,” can include any event chosen by the parties to the agreement, including the death or disability of a party to the agreement, the divorce of a party, the bankruptcy of a party, or similar events.
The buy-sell agreement also specifies the mechanics of paying for and transferring the shares of the departing shareholder or partner.
Which form?
Buy-sell agreements usually work in one of two ways. The entity can purchase the shares or interest of the departing member, or the remaining members of the entity can collectively purchase the department member’s interest.
The choice of method usually depends upon the wishes of the parties to the agreement unless other factors are present, such as a loan that has come due.
Determining the price for the departing party’s interest
The departing shareholder or partner deserves compensation for his or her interest. In a well-drafted buy-sell agreement, provision is usually made for determining the price of that interest and for accumulating sufficient liquid assets, usually cash, to pay the departing member for his or her interest.
Again, the exact method of payment can be determined by the parties to the agreement.
A way to avoid litigation
Many time-consuming and expensive cases of business litigation come about because the business leadership neglected to have a plan in place to deal with how changes in the owners’ lives might affect the business. A buy-sell agreement can help a business weather these changes with relative ease.]]>On Behalf of Barkan & Robon Ltd.https://www.barkan-robon.com/?p=503412023-12-28T11:44:35Z2023-12-28T11:44:35ZThe advantages of a partnership
On its face, a partnership brings together multiple individuals to form a business. Here are some of the advantages of taking this approach:
Control: In a partnership, you and your partners retain a significant amount of control over business operations, which sets this structure type apart from a corporation. You’ll just want to make sure you know how to navigate situations where partners don’t agree on a course of action.
Varied experience: If you pursue a sole proprietorship, you’ll be limited to your own expertise. By creating a partnership, on the other hand, you can bring other people into your business who have various backgrounds and experiences. This can leave your business well-rounded and prepared for the future ahead.
Less startup costs: When you use a partnership, you have various avenues to pursue startup capital. Otherwise, you might be limited, which can curtail your ability to get your business off the ground as quickly and as smoothly as you hope.
Tax advantages: Corporate income is taxed twice, once at the business level and then again at the personal level. With a partnership, your business’s income is only taxed once, that being at the personal level. This can save your business a significant amount of money and increase your income.
Are there disadvantages to a partnership?
Yes. A partnership isn’t for every business. Therefore, before you jump into a partnership, you need to understand these disadvantages:
Liability: In some partnerships, you expose yourself to personal liability. If you’re not careful, then, you could end up on the hook for personally paying for your business’s debts and other obligations.
Lack of control: Although a partnership can give you more control over your business than a corporation would, it gives you less autonomy than a sole proprietorship. You’ll want to figure out exactly how much control you want over your business.
Profit sharing: While a partnership might make it easier to raise the funds you need to get off the ground, it also means that you’ll have to split the profits. This could reduce the income that you were hoping to acquire.
Finding the right structure for your business
There are several business structures to choose from when starting your business. It might seem like a small decision, but it’s actually one of the biggest you’ll have to make.
Therefore, before settling on a structure type, you should fully inform yourself as to your options, paying particularly close attention to the risks and rewards of each. Hopefully then you’ll be able to start your business off on the right foot.
]]>On Behalf of Barkan & Robon Ltd.https://www.barkan-robon.com/?p=503402023-12-27T20:48:38Z2023-12-22T20:46:40ZBreach of contract claims are common legal cases in the business world and both sides may have different interpretations of the contract language at issue. Or, there may be differing views of how each side is performing – or not performing – under the terms and conditions of the contract. If the end result is not in your company’s favor, the consequences could have a drastic impact on your company’s bottom line.
However, business litigation can seem to drag on indefinitely at times, depending on the nature of the case. So, while you certainly want to achieve a positive outcome, you are also looking for efficiency in how the case proceeds. How can your company achieve both goals?
Prevent problems first
The first and most important way to find efficiency in breach of contract litigation is to prevent it from occurring in the first place. This can be achieved by making sure the contracts that your company signs are drafted properly. There should be clear expectations for both sides, clear terms and conditions and, in many cases, business contracts include a conflict resolution clause that forces the parties to seek less costly and less time-consuming options other than courtroom litigation if a dispute or alleged breach of contract claim arises.
But, if litigation is already underway, there are options to find efficiency as well. For example, do you need to make a “business decision” about the expense of ongoing litigation versus a possible settlement amount? Are alternative dispute resolution options possible? Is a motion for summary judgment an option? Each case is unique, depending on the facts, but there are ways to get to the heart of the matter when it comes to breach of contract]]>On Behalf of Barkan & Robon Ltd.https://www.barkan-robon.com/?p=503392023-12-12T16:57:33Z2023-12-08T16:53:16Zis not able to hold out on a government body by not selling land the government needs for its purposes.
However, if the government wants to take private property by using eminent domain, it must follow all legal processes and procedures.
Importantly, the government must pay the property owner what the law calls “just compensation” for the owner’s property.
Just compensation is equal to fair market value, that is, what a typical seller would accept from a willing buyer not under any unusual pressure to buy.
When the government only takes a portion of a landowner’s property, the landowner also receives compensation for any lost value of the property they got to keep.
Ohio landowners may ask a jury what compensation for their land is just
If a property owner cannot agree with the government on a sale price, then the parties can have an Ohio jury decide the amount of just compensation.
The risk in asking for a jury to decide how much a landowner should receive is that the property owner may wind up getting less than what the government offered to pay but must still pay for the costs of going to court.
On the other hand, government bodies do too often lowball landowners to save money.
Asking for a jury trial on the value of the land can lead to compensation that is several times what the government offers. Doing so may also pressure on an agency to offer a favorable settlement.
If a government body informs a Toledo landowner that it wants to take that resident’s property, the landowner should make sure they understand their rights and options.]]>