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The Difference Between “Material” and “Immaterial” Contract Breaches

Contracts are a basic component of our everyday lives, especially if you have a business of any size. Sometimes, one party fails to fulfill the terms outlined in the contract, leading to a breach of contract. But not all breaches of contract are equal. Some breaches may be deemed as material while others are immaterial.

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Important Elements of Proving Business Fraud

Business fraud is a serious offense that can have devastating consequences if left unaddressed. It can lead to significant financial losses, irreparable damage to your reputation, and even bankruptcy.

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Preparing for Business Litigation

Operating a business is not always smooth sailing. Disputes can arise from customers, employees, vendors, and service providers. Some disputes may involve contractual agreements, with one side accusing the other of breaching the terms.

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The Key to Drafting an Enforceable Shareholder Settlement

When shareholders are in dispute, it can be difficult to come to a resolution that both parties can agree on. In these situations, shareholders are often tasked with drafting a shareholder settlement as a way of resolving their disputes.

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Should You File a Derivative or Direct Shareholder Lawsuit?

Corporations operate in every state, but they may be registered in corporate-friendly states like Delaware, California, New York, and even Nevada. Nonetheless, corporations are owned by their shareholders, that is, those who own shares in the entity.

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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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