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Should My Business Deal With An “Advocate”?

In Business Tips, Contract Disputes, Dispute Resolution, Litigation & Lawsuits by Larry DonahueLeave a Comment

There is a difference between being an “Advocate” and “practicing law”. Good Advocates do not cross the line. Advocates are individuals who work on behalf of another person. People in need of advocates generally are those who would have difficulty trying to maneuver within a complex, structured system. Examples of systems or situations that would require advocacy would be the …

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Understanding Contracts: Contractor and Subcontractor in a Construction Context

In Business Tips, Business Transactions, Contract Disputes, Contracts by Carrie CookLeave a Comment

Contracting and subcontracting can exist in many arenas, but one of the most common is in construction. If you have ever watched a home renovation show or gone through the excitement of having your own home or business renovated, you have probably heard the terms contractor and subcontractor used. The question is, what is the difference and how much do …

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Employment Contracts: Why They Are Important and How You Can Use Them to Protect Your Business.

In Break-ups & Partnership Disputes, Business Tips, Business Transactions, Contract Disputes, Contracts, Dispute Resolution, Employment Contract, Employment Law, Non-Compete Agreements, Non-Disclosure (NDA) & Confidentiality Agreements, Partnerships by Joseph TurnerLeave a Comment

Hiring new employees is a difficult process. You have to be sure they are properly suited for their position and have a personality and temperament which will suit the work environment you have spent time and effort putting together. This coupled with negotiating benefits, salary, and slotting in time for training in an already busy schedule can seem overwhelming and …

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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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Promissory Notes

In Contract Disputes, Contracts by Kameron KramerLeave a Comment

Promissory notes can be helpful in so many different situations, but what exactly are they and what do you need to look our for when dealing with them?  In it’s simplest terms, a promissory note is an IOU.  It includes the terms of the agreement, specifically the amount owed, how and when it is to be repaid, and default terms.  If you’ve ever …

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Breach of Contract: What Happens Next?

In Contract Disputes, Contracts by Don KochersbergerLeave a Comment

When you enter into a business contract, you expect to hold up your end of the deal and expect the other party to honor their part, as well. When something goes wrong and the other party isn’t holding up their end of the deal, they have committed a breach of contract. So, what can you do against a business or party …

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Federal Courts Should Use State Law to Interpret a Contract’s Venue or Forum Selection Clause

In Contract Disputes, Contracts, Litigation & Lawsuits by Don KochersbergerLeave a Comment

Most circuits have not decided this issue. Those that have addressed it typically recognize that no reason exists to treat a venue selection clause differently from the remainder of a contract that will be interpreted using state law. See, e.g.,  Northwest Nat. Ins. Co. v. Donovan, 916 F.2d 372, 374 (7th Cir. 1994) (“Validity and interpretation are separate issues, and …