Business Law

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  • Unfair Business Practices
  • Fraud, Misrepresentation
  • Breach of Fiduciary Duties
  • Breach of Contract
  • Partnership Agreements and Disputes
  • Dissolutions of Business Entities
  • Business Formations (Corporations, LLC, Close Corporations, Professional Corporations)
  • Business Torts
  • Commercial Unlawful Detainers

 

Unfair business practices consist of deceptive advertising, false statements and oppressive business conduct in all areas of business including sales of goods, sale of services, property or real estate. It also includes conspiracy (when two or more persons concoct a plan to defraud, mislead or gain an unfair advantage over other people in business dealings).

Fraud and misrepresentation include acts that are typically more than deceptive like an unfair business practices. They include outright lies, deceit, forgery, creating false documents, real estate scams, failure to disclose material facts, selling counterfeit goods, inducing a person to pay them for something they have no intention of doing. There are many forms of fraud.

Breach of fiduciary duties include misdeeds by trustees, lawyers, lenders, or anyone who owes you a duty of loyalty and a duty of care whether a wife, husband or significant other entrusted with your money or property. It includes family members who are conservators who steal from elder persons or persons with diminished capacity due to mental problems, old age or dementia. This can include elder financial abuse. Anyone that you may have entrust with your money or property that is obligated to look after your interest and does not do so, may be liable to you for breach of fiduciary duty.

A contract is formed when two or more persons or entities (trusts, businesses, governments, for example) agree to do something or not do something in return for the other person to do or not do something. A perfect example of a contract that anyone can understand is one person agrees to buy a car from someone else for a certain price. That is a contract. When one breaches the contract, the one who is supposed to pay does not do so, or the one who agreed to sell the car does not do so, a breach of contract has occurred. There are countless contracts. Some are very complex-and need to be! Others are quite simple. If you have been wronged by someone who breached a contract, you have a right to be compensated for your loss. If you are accused of breaching a contract, you need to seek the counsel of an attorney. Otherwise, you may be held liable. You may have a valid defense. Either way, you need an attorney.

Business agreements can be simple or complex. It depends. A person can be held personally liable for business dealings if he or she has not taken action to protect him or herself. Businesses come and go. Just look around you. You will see new business pop up and other business disappear overnight. Businesses take several forms; they are sole proprietorships, partnerships, limited liability companies, corporations or different types. There are online companies that for a small fee will use a form to help you form a company. However, that is not always wise to limit your formation documents to these simple forms. It is often wise to have a detailed partnership or shareholder agreement. It is essential to protect yourself from potential liability for acts your partners do or fail to do. In the excitement of forming a business and your dreams so close to becoming a reality, one can be emotional and forget to dot your  “ i’s” and cross your “t’s” and look out for number one. Don’t be that person. Use your head. Businesses always work better and are more successful when everyone is willing to sign an agreement and put their own self on the line in writing as you are. Sometimes when it comes down to it, the other person folds and will not sign. Better to find out sooner than later.

Business torts are wrongs a person does to infringe on another person or company’s rights conducting business. Interference with Prospective Economic Advantage or Interference with Contract are two common business torts.

All of the wrongs mentioned here entitle the aggrieved person to compensation. Cal the office and make an appointment to discuss your business matters. We are here to assist you so your business is successful and you are protected. We have you back in business.

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