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The Importance of Indemnity Clauses

Indemnity clauses, also known as hold harmless clauses, are commonly found in commercial contracts. In general terms, they require one party to indemnify the other should a loss occur because of a third-party claim that results from that one party’s breach of contract. Thus, the other party is held harmless, or not liable for any losses.

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Protecting Your Interests in a Partnership Dissolution

If you’re in a business partnership with one or more people, you know how much hard work goes into maintaining the business, how much each partner has to contribute to make it all work, and the financial responsibilities they take on.

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What You Need to Know About Tortious Interference

A third party not involved in an ongoing contractual or established relationship who intercedes and causes your business harm can be sued for tortious interference. Torts are civil wrongs, as opposed to criminal wrongs.

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What Are the Elements of a Breach of Contract Claim?

This “nutshell” view of contracts and how they can be breached glosses over a lot of important details, beginning with the question, “Was the contract legally valid in the first place?” There's also the question of whether the alleged breach caused enough harm to warrant legal action or demand for corrective action.

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What Qualifies as a Trade Secret?

Trade secrets are protected by both federal and state law. Two necessary elements of a trade secret are 1) that they provide or at least promise an economic benefit, and 2) that they are not easily ascertainable by others. A third element, which is required by law, is that they are the focus of safeguarding by the owner.

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Can I Sue Over Bad Reviews of My Business?

Word-of-mouth advertising has always been a make-or-break proposition for businesses. Now that customers are using digital channels to deliver their words, there is a proliferation of great and not-so-great reviews. A business does not need to have a website or social media channel to be reviewed. Customers have easy access to publish them on platforms such as Yelp and Google where a business has absolutely no control.

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Breach of Express or Implied Warranty

A warranty is a legally-binding commitment by a manufacturer or seller to a consumer to repair or replace a defective product. The commitment is made at the time of the sale. A warranty can come in the form of a written, oral, or implied guarantee. When a breach of express or implied warranty occurs, the consumer has legal options to hold the seller or manufacturer accountable.

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How Violating Company Bylaws Can Lead to Litigation

The directors and officers are all bound by the articles of incorporation and the bylaws, which set forth responsibilities and standards of conduct. Thus, the two groups share a responsibility to correct anything that goes awry and might cause harm to the company and shareholders, even if it means taking matters to court.

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What Evidence is Admissible in a Contract Dispute?

Most of us have at least some experience with contracts. After all, that’s how business is done in today’s world. We rely on contracts to start a business, lease office space, buy homes, hire employees, and secure services from third-party vendors.

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Dispelling Business Formation Myths

If you’re starting a business for the first time, you know how overwhelming the whole process can be. It’s an exciting yet stressful time as you try to navigate all the steps it takes to make your dream a reality.

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