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What To Do If Your Partner is Stealing From the Company

In Break-ups & Partnership Disputes, Partnership Dispute by Larry DonahueLeave a Comment

If you are a co-owner of a company, and you believe (or know) that your partner is stealing from the company, you have rights and you have options — even if you’re not “in charge” or own a minority interest. Actionable Claims When a Partner Steals There are a number of possible issues that come arise when a partner steals …

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Served with a Lawsuit? Now What??!?

In Litigation & Lawsuits by Larry DonahueLeave a Comment

Inevitably, if you’re an active business and business leader, you will probably find yourself in a lawsuit at some point in your life. Hopefully, it won’t happen for years, and when it does happen, will be very infrequent. When you are sued, it will be an emotional hit. It may be embarrassing, depending on how you were served (i.e. how …

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5 Tips: How to Dissolve a Partnership as Painlessly as Possible

In Break-ups & Partnership Disputes, Dissolve a Partnership, Partnership Dispute by Larry DonahueLeave a Comment

Closing (called dissolving) a business partnership can be compared to a divorce, from a cost and emotional impact to the partners. Neither party expects the relationship to degenerate into contention, but it happens more often than you might think. Whether business circumstances change, or some dispute arises between the partners, when the business partnership cannot endure, it’s time to legally …

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Temporary Restraining Orders (TRO)

In Litigation & Lawsuits, Partnership Dispute by Larry DonahueLeave a Comment

A temporary restraining order (or “TRO”) is a court order that immediately controls or restricts the behavior of one or more parties, temporarily and usually in an emergency, until there’s time to actually have a hearing so the court can evaluate the evidence to determine whether the order should stay in place (usually called an injunction) or cancelled. In order …

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Social Media, Private Conversations and Your Business

In Business Tort, Marketing Tips by Don KochersbergerLeave a Comment

In the fast-paced world of tweets, Facebook posts, and cell phone cameras, people often post before really thinking. Similarly, what is said in private conversation doesn’t always stay private these days. Recently a ‘private’ conversation between Clippers owner, Donald Sterling, and his girlfriend made big news and became the subject of both news streams and headlines, after a recording of …

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Business Break-Ups – Important Tips to Prepare Before the Problem Arises

In Break-ups & Partnership Disputes, Dissolve a Partnership, Partnership Dispute by Don KochersbergerLeave a Comment

New business partners don’t typically think about anything going wrong down the road, however, business and personal disputes are often irreconcilable, and sometimes partners ultimately decide to break up the business. Ideally, businesses and business partners take the necessary steps to plan ahead for dissolution and alleviate much of the stress associated with typical business break-ups.

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Tort Law: Protect Your Business

In Business Tort by Don KochersbergerLeave a Comment

Sometimes protecting your business is not as simple as locking your doors at night and setting an alarm. It is not just your physical address that you need to protect—property can be intangible or intellectual. Attacks against those types of property by another business or by an employee can be very damaging to your business practices and reputation. Staying vigilant …

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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 …

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Burden of Proof on a Motion to Dismiss for Improper Venue

In Litigation & Lawsuits by Don KochersbergerLeave a Comment

Defendants should have the burden of proof on a motion to dismiss for improper venue. A split of authority exists on this issue. 14D Charles Alan Wright, et al., Federal Practice and Procedure § 3826, at pp. 555-62 (3d ed. 2007).  In our jurisdiction, the federal courts, unfortunately, have not ruled on the issue. See Burns v. Events & Transportation …

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Twombly/Iqbal Stay of Litigation

In Litigation & Lawsuits by Don KochersbergerLeave a Comment

Under Twombly/Iqbal pleading standards, defendants who are named in a poorly drafted lawsuit should not have to bear the expense of defending frivolous claims before the court can evaluate the plaintiff’s claims. As the Supreme Court noted in Ashcroft v. Iqbal, 129 S. Ct. 1937 (2009), a plaintiff who fails to adequately allege a viable complaint is not entitled to “unlock …