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Can My Business Re-Negotiate Its Contracts with Vendors and Our Landlord in Light of the COVID-19 Pandemic?

In Business Tips, Contract Disputes, Contracts by Larry DonahueLeave a Comment

In today’s COVID environment, businesses are being told to close their doors and send employees homes.  As such, many business owners are struggling to earn enough revenue to be able to meet their contractual obligations to their vendors, landlords and banks, let alone make payroll.  With financial disaster looming for so many businesses, do standard contracts, loan documents or leases …

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Are Handshake Deals Enforceable?

In Business Tips, Contract Disputes, Contracts, Dispute Resolution by Don KochersbergerLeave a Comment

There is a common misperception that written contracts are required for any agreement to be enforceable.  While it is almost always preferable to have a written contract, hopefully crafted by an attorney with an understanding of the issues related to the specific type of agreement contemplated, all is not necessarily lost if you do not. There are some types of …

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Can You Simply Transfer Your Ownership in A Business to Someone Else?

In Business Transactions, Contracts, Partnerships by Carrie CookLeave a Comment

You have ownership in a business, but you don’t want to be involved in the business anymore.  Or, maybe you want to assign the distributions you receive from an LLC to payoff a debt.  Can’t you simply just transfer your ownership to someone else without having to go through a lengthy, legal process? Time to check your Operating Agreement As …

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What To Do When “Equal Participation” Equals Deadlock

In Contracts by Joseph TurnerLeave a Comment

Absent language to the contrary in an Operating Agreement, “equal participation” means all partners have equal rights and authority to participate in the management of the business. This means each partner has one equal vote when it comes to decision making. Obviously, this can get tricky when you have an equal number of partners. So, what do you do when …

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“Garden Clause” vs. a Non-Compete

In Contracts, Non-Compete Agreements by Jake GoldsmithLeave a Comment

A garden clause and a non-compete clause can both be valuable tools for a company, and they are somewhat similar, so they are sometimes confused. Both clauses concern an employee who is leaving the company, but there are some fundamental differences between the two. What is a Garden Clause? A garden clause typically provides for a notice period for termination …

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Welcome to the team, Carrie Cook!

In Break-ups & Partnership Disputes, Contract Disputes, Contracts, Dispute Resolution, Litigation & Lawsuits, Partnerships by Sean FriendLeave a Comment

We are pleased to announce the newest member of the Slingshot Team, Carrie Cook! Carrie grew up in New Mexico but moved to the United Kingdom at 18 to pursue her undergraduate degree. She graduated from the University of Wales, Aberystwyth, with an LL.B. in law before attending law school at the University of New Mexico School of Law. She received …

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Adverse Possession

In Contracts, Dispute Resolution by Kameron KramerLeave a Comment

When I purchased my home, my neighbor’s hot tub was situated on my property line.  I went ahead and closed on the purchase of my home (20 years ago) with the hot tub sitting on my property and forgot about it.  I am now concerned that when the time comes that I want to sell my house, or my neighbor …

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Consent & Contracts

In Contracts by Larry DonahueLeave a Comment

Consent is an important element to a contract.  It is required by both parties that are entering into a contract.   Consent happens when the parties named in the contract acknowledge that they agree with the terms outlined in the contract. While consent is required for a contact to be binding, there are instances when consent or the lack there of, …