For a long time, a limitation to the fraud exception of the “parol evidence rule” played an important rule in California contract disputes. The parol evidence rule prohibits parties to a written contract that contains all of the elements of their agreement from introducing extrinsic evidence (evidence outside the bounds…
The term “fraud” is thrown around a loosely these days. It is not uncommon for a business client to tell her attorney that she has been defrauded in a business deal because a vender lied, a partner stole from the business, or a supplier failed to deliver an order. While…
Contractual disputes are a regular part of doing business but this fact is rarely recognized by business owners. This is because the vast majority of disputes are resolved informally before attorney involvement becomes necessary. Every time discounts are offered because of delayed delivery or because a product is defective, every…
Like any metropolis, San Diego has a diverse business climate requiring constant interaction amongst retailers, service providers, customers, guests, invitees, tenants and landlords, suppliers, manufacturers, contractors, government agencies, insurers, law firms, and accountants. This level of interaction naturally breeds conflict especially when multiplied by the large number of business, consumer…
Cease and desist letters claiming trademark infringement have an intimidating effect on their recipients. Most San Diego business owners are bewildered and have no idea how to respond. They have been in business for months if not years, and have constructed signs, circulated business cards, advertising and other promotional materials,…
“Piercing the Corporate Veil” is a well-known phrase. To the average American, it conjures up visions of corporate giants being slain by David. This pejorative understanding has little practical value in today’s business world. In fact, “piercing the corporate veil” (holding the principals of a corporation or limited liability company…
Arbitration clauses are typical in business contracts for several reasons. Most importantly, they allow businesses to settle disputes in a timely and cost-effective manner, without entering into costly, time-consuming litigation. Arbitration significantly limits discovery costs such as interrogatories, depositions, and pretrial motions that often constitute the bulk of litigation expense.…
Part One of this article discussed the general concept of flat fee litigation, and the associated relative risk shared by attorneys and their clients. Part Two explores potential flat fee litigation schemes further. The greatest challenge in devising a flat fee litigation scheme is making reasonable estimates of the attorney…
Attorneys and law firms have visited the issue of flat fee litigation in the past, and there are San Diego litigation attorneys today that offer some of their business clients the option under limited circumstances. However, there can be little doubt that the overwhelming consensus amongst legal professionals is that…
Avoiding Litigation – Part One sets forth three pre-conflict practices useful in reducing your business’ risk of litigation. Of course, avoiding all conflict is virtually impossible. However, conflict does not inevitably lead to litigation. In fact, more than 90% of all conflict is resolved before reaching the courthouse steps. Below…