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Posts tagged "Commercial Disputes"

Elements and remedies for a breach of fiduciary duty

When a business relationship is formed or an individual is entrusted responsibilities in a company, there are certain duties that must be upheld. Failing to uphold these duties does not only harm the relationship but it also likely causes harms to those owed these duties.

Using arbitration to settle tech company disputes

When you start a company, you likely do not think about the downsides or struggles you might face if things do not go right. For most companies, relationships with other businesses are vital. This means taking the time to work out deals, negotiate terms and memorialize this agreement in writing. While this helps to ensure that these terms are followed and continually met, this does not mean breaches cannot happen. When a dispute arises, businesses need to determine the best route to resolve them. For some, this means going through arbitration.

Guiding you through corporate governance issues

There are a lot of people who function to ensure a company is run and operates efficiently. While officers, directors and shareholders are what make a corporation a corporation; this does not means there aren't any issues with or among these individuals. Corporate governance is essential, and if a dispute arises, it is important to take steps to resolve them to ensure this dispute does not impact the overall function of the corporation.

What are unfair or deceptive trade practices?

When businesses first start out, they take steps to obtain a wide range of customers or clientele. This can take time, but, if done properly, a business could have a solid foundation. However, when the market changes or competition is high, a business attempts to rebrand itself by initiating deals or obtaining new products to bring in more business. While this can be a very profitable move, it could also be a move that hurts the business. If this is not done properly and the changes made are considered unfair or deceptive, business disputes could occur.

A breach of contract may be bad news for a business

Whereas it was not uncommon for businesses to exist as autonomous entities in the past, in this ever-growing technologically advanced world, businesses often work with others to accomplish their corporate objectives. That can mean contracting with suppliers to ensure that their product orders are fulfilled, engaging the services of employment agencies to find the best and brightest new talent to hire or using partnerships to get their businesses into new markets. Businesses work with individuals and other corporate entities with regularity and, when those relationships are forged, it is usually through the execution of contracts.

How can unsafe product claims affect my business?

Products liability law covers litigation based on personal injuries sustained from defective or dangerous consumer products. If a New York resident buys a new product, uses it as the product was intended to be used and sustains an injury from that use that should not have been anticipated from the warnings and instructions provided therein, then the individual may be a victim of a products liability matter.

Unfair competition is bad for your business and we can help

It is not uncommon for a New York business owner to pour their soul into making their enterprise successful. Individuals often half-jokingly refer to their businesses as their children because of the amount of time and attention that they devote to them. Just as a business owner may celebrate the accomplishments and achievements that their entity obtains, they may also feel the stresses and strains of unfair competition when others attempt to derail the successes that their business has earned.

An overview of unfair competition in business

When children at a New York park engage in a game of hide-and-seek, there are expectations that those participants will abide by certain rules. For example, the participants may agree where is appropriate and inappropriate to hide, may decide how high the seeker must count before looking for the hiders, and where home base will be located so that the participants know where they must reach in order to be safe. If a participant fails to follow the established rules, then they may be met with a chorus of cheating accusations.

What happens when a contract is breached?

To understand the course of events that may unfold when a contract or agreement is breached, readers of this blog should have a solid understanding of how a contract is formed. For a contract to be created, at least two parties must agree to the contract's terms. One of the parties must offer to perform a service or provide a good and, in exchange, the other party must accept the offer and provide consideration for the offeror's goods or services.

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