There are many advantages to starting a small business, including being your own boss and achieving financial independence. However, when starting a small business, there are also many opportunities for errors—many of which are legal in nature. Therefore, before starting a small business, it is advisable to seek legal guidance. In this...
Category: Business Law
Things to Address Before Entering a Business Partnership
There are many advantages to entering a business partnership. For example, entering a business partnership provides an opportunity to combine resources with another individual who may possess skills that you lack, and vice versa. In other words, a business partnership allows one or more people to combine their knowledge, skills, and resources...
Penalties for Breach of Fiduciary Duty
A fiduciary is someone who holds a legal or ethical relationship of trust with another party. Thus, a fiduciary relationship entails being bound both legally and ethically to act in another party’s best interests. A breach of fiduciary duty occurs when a fiduciary fails to comply with his or her legal or...
Steps to Take if Your Business Partner Breached Your Partnership Agreement
A partnership agreement is the foundation upon which the legal relationship between business partners rests. This agreement is the basis for the rights and responsibilities of each partner. When one partner breaches this agreement, it can cause harm to the non-breaching parties. In this article, we examine the steps to take if...
Key Elements of a Shareholder Agreement
A shareholder agreement, which is also sometimes called a stockholder agreement, is an understanding among shareholders that outlines how a company will operate. In addition, shareholder agreements govern shareholders’ rights and responsibilities. These agreements are crucial to ensuring that shareholders’ interests are protected and that they will receive fair treatment. In this...
Why You Need a Non-Disclosure Agreement
A non-disclosure agreement is a contract in which one or more parties promise not to disclose confidential information that they have shared with one another as a necessary part of conducting business together. If you are a business owner, there is a good chance that you have confidential information you need to...
How to Proceed if Your Business is Being Sued for Malpractice
Businesses are a common target of lawsuits. Therefore, as a business owner, it’s important to take steps to reduce your litigation risk. Unfortunately, however, regardless of your efforts in this area, there is a good chance that your business will be the recipient of a lawsuit sooner or later. Certain types...
Identifying if Your Business Has Been Defrauded
It has been estimated that approximately half of all businesses fall victim to fraud each year. Therefore, businesses must not only take steps to prevent fraud, but they must have systems in place to identify and respond to fraud when it occurs. In this article, we discuss how to identify if your...
How to Avoid Unfair Trade Practices in Your Business
The Federal Trade Commission (FTC) is a federal agency that enforces laws that protect consumers against unfair trade practices. These laws require businesses to provide consumers with enough information to make informed decisions about services and goods that they purchase. When businesses violate these laws, the FTC has the authority to take...
Common Contract Breach Defenses
A breach of contract occurs when a party to an agreement violates one or more of its terms. A breach may be something minor, such as a late payment, or something more serious, such as failing to deliver a required item. If applicable, a party accused of breach may assert one...