Commercial Disputes: Tackling the Negative Impact of Corporate Conflict

The area of law, commercial disputes, encompasses a number of specialties, such as: breach of contract, fiduciary duty, and business torts. To protect the business’s reputation and profitability, disputes should be addressed swiftly and efficiently; hence, arbitration.

What is a Breach of Contract?

When a contract is breached, a binding agreement has not been honored by one or more parties. A breach is usually categorized as ‘material’ or ‘non-material’. A non-material breach pertains to an auxiliary detail of a contract—the less serious of the two. A material breach, the more significant, is a breach that significantly affects the value of the contract. The purpose of categorization is to determine an appropriate remedy. Regardless, an unjustifiable failure to perform all or part of the contract is grounds for legal action.

A Fiduciary’s Legal Obligation

An individual bestowed the legal responsibility of performing in the best interest of another is a fiduciary. The entrusted party is responsible for taking care of money, property, and/or other assets. If the individual is in breach of their duties, they must account for the ill-gotten profit, in addition to compensating his or her beneficiaries.

Business Torts Implications

Tort law covers a wide range of misconduct. Business torts, also known as economic torts, are wrongful acts intentionally committed against a business entity, subsequently causing some sort of financial loss. Often, these acts involve unfair trade practices: the use of fraudulent and unethical strategies to obtain business. In these cases,a business or individual may seek restitution in the form of a monetary sum and/or an injunction requiring the defendant cease relevant activity.

Arbitration: The Favorable Route

Arbitration is often used in cases of commercial dispute because:

  1. Unlike litigation, the parties can select their tribunal.
  2. Arbitration is faster than litigation.
  3. The arbitration process is private, while litigation proceedings are public.
  4. The associated costs are economically friendly. The litigation process can be very expensive, especially when a case is dragged out.
  5. In binding arbitration, there are very limited avenues for appeal—limiting the duration of the discord.

Though commercial disputes can be a hassle, it’s important to know the process is shorter and easier than you think. In choosing the more favorable route, Anthony B. Gordon has successfully secured his client’s fees.

To resolve your commercial dispute, and receive the restitution you deserve, contact Anthony B. Gordon at (818) 887-5155.

Advertisements

Asset Protection: Legal Planning to Situate Assets Beyond the Reach of Future Creditors

When the probability of imminent threat is high and assets are significant, it’s important to be proactive. Asset protection, also known as debtor-creditor law, is risk management planning to protect one’s most valuable assets. For an individual more susceptible to lawsuit, the protection plan serves as a deterrent for litigation.By planning early on, assets are more likely to be truly exempt from predators (creditors).

Anthony B. Gordon’s asset protection plan consists of three areas of law: property law, business law, and estate planning.

Property Law: Protect your Family Residence

A Declaration of Homestead can be a powerful planning tool, as the exemption can protect one’s primary residence from creditors.

Business Law: Use LLCs

LLCs prove pertinent to the overlap between business and asset protection. By forming a new business entity that allows one to separate control from ownership, the owner is provided a limited liability protection. Though there are exceptions to the rule, it is generally understood that in the case an LLC cannot pay its debt, creditors may go after the company, but not the owners’ assets.

Estate Planning: Future of Your Asset Base

Estate planning entails a variety of strategies, including liability insurance, gifting assets, 401K or retirement plans, and asset protection trusts. Insurance supplements asset protection planning, proving guaranteed compensation in case of loss. Gifting, while irrevocable, is a way to remove the asset from the reach of creditors.A401K and other retirement plans shelter contributed funds, and the growth thereon. Additionally, and arguable the most powerful, offshore trusts make an individual less susceptible to seizure and domestic troubles, working best for liquid assets. Though demonized in the media, most offshore investing is perfectly legal.

Don’t Count on Plan B(ankruptcy)

If you’re instead counting on your back-up plan: bankruptcy; think again. Under the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA), bankruptcy has become more difficult to file, and when granted, it essentially leaves the debtor stripped to the bone—homestead exemptions have been significantly limited,and other provisions have made it very difficult to protect one’s assets. While still a viable option, an asset protection plan is often the better of the two.

In all, an individual with asset protection makes for an unattractive target. By opting for sound planning techniques, one’spre-exempt assets are essentially unattainable. In the case one ispursued,the individualwill then have a say in the process before it even begins.

To begin the process of safeguarding your assets, contact Anthony B. Gordon at (818) 887-5155.

3 effective ways to avoid a Partnership Dispute

There are many factors to consider when a business partnership goes south. A partnership dispute is an effective way to settle any conflicts within a partnership.

Starting a business can be an exciting adventure, especially if your partner(s) is a lifelong friend or family member. But over time, managing philosophies change, partners are pushing to change the landscape of the company, etc. With these factors considered, it’s obvious that at any point in time, your lifelong friend could turn into your enemy within the company both of you started from the ground up.

Although Partnership Disputes is the best method for business partners when the relationship goes south, the most effective way to bypass a partnership dispute is to avoid one from happening from the very start of your partnership.

Here are 2 effective ways to avoid a Partnership Dispute, according to Anthony B Gordan:

  1. Do not buy a single item for your business until all partners sign an operating agreement.

Business Partners join and create a business to impact in their local communities and generate profit without breaking the bank. Even though all partners are eager to get to work, Anthony B Gordan suggest that all partners sign an operating agreement which documents the role of each partner. If all partners do not sign an operating agreement, the less leverage each partner has if a partnership dispute is being explored to resolve these issues.

  1. Hire an Attorney

Hiring an experienced attorney like the lawyers at Anthony B Gordan law firm to draft an operating agreement is cost effective and can save all partners personal time and headaches trying to draft their own contract. Sometimes, eager partners will draft their own agreement by using a template found on the internet. Using a template as a contract for your business can require partners to obligations they never wanted in the first place. Hiring an attorney helps all partners come to an agreement with all their interest and goals put into consideration.

  1. Make sure there is a common goal: Settling arguments by finding solutions as oppose to just winning them.

Once your business starts, there will be disagreements between all partners. Here are a few suggestions from Anthony B Gordanto prevent small arguments from becoming large arguments in the future:

-Listening to your business partner(s) to understand their issue as opposed to just listening to respond.

-Make sure you both find a solution to every disagreement, no matter how big or how small the disagreement is.

-Keep a document of disagreements/arguments between both partners to avoid a “he said, she said” situation if any legal matters arise in the future.

5 examples of Business Torts

What are business torts?

“Business torts is a common law term that defines a civil wrong when it comes to a business” says Anthony B Gordon “A civil wrong in the case of the corporate world is interference with economic or business relationships and can be proven that an economic loss occurred due to this interference.” Anthony B Gordon added.

Examples of Business Torts

Here a few common examples of business torts provided by Anthony B Gordon.

  1. Disparagement: Creating a false advertisement about a business/product.

“Restaurant A puts roaches in their food… make sure your food is roach free and place an order with us!”

  1. Intentional interference with a contract: Tempting someone within a business to violate the terms of a contract.

“Look… I know that you’re with Company A and you aren’t allowed to talk breach your contract… But I think you should…”

  1. Unfair competition: Entering a field for the sole purpose of eliminating your competitors.

“I used to work for company A… They don’t use actual ________ in their products, let’s use this to our advantage to eliminate them…”

  1. Misappropriation: Creating a product that was designed by another person without paying the designer.

“Company A used my design without paying me!”

  1. Computer Torts: With the rise of technology, businesses are at risk from a competitor at any given moment. Intentional damage to a business computer or hardware system is now considered a business tort.
  2. “Those guys over at Company A hacked into our system and stole the information of all of our clients…”

“For a business tort to be presented to a judge or a jury, the plaintiff must prove that the damages are ‘calculable with reasonable certainty’”says Anthony B Gordon. The defendant must be able to not only provide evidence that the defendant not only took clients away from their company but what this damage means in terms of economic losses. “When a court decides that the plaintiff has enough evidence against the defendant, monetary damages are rewarded to the plaintiff by the defendant.” states Anthony B Gordon.

Hiring an experienced attorney like Anthony B Gordon, will help you win your cases against deceptive businesses.

Call Anthony B Gordon Now:

818-887-5155

Anthony B. Gordon: Assets Can Be Protected

Life is so often based on timing and planning.  Even though it’s sunny in the morning, will you finally decide to grab that umbrella you always forget, after seeing the rain-ridden weather forecast on the news?  Anthony B. Gordon agrees asset protection planning goes by that same principle.

The idea is to grab the umbrella while the sun is shining its beautiful summer rays, in preparation for the cloudy, wet weather.  This is what is known as preparedness – protecting yourself from the oncoming storm.  Anthony B. Gordon believes everyone has assets they need to protect, and unfortunately one must go about protecting them from creditors with extraordinary vigilance, and honesty, so as to avoid terrible consequences such as bankruptcy or jail time.

What Should I Know About Protecting My Assets?

When it comes to keeping your assets hidden, Anthony B. Gordon notes there are plenty of tips to keep in mind.  As with most everything in life, procrastination will not get you very far.  A claim can arise at nearly any time, and much sooner than when a claim letter is provided.  Furthermore, if you begin asset protection later than sooner, Anthony B. Gordon adds that the debtor and whoever helped in transfers of a fraudulent nature are possibly liable for creditor’s and/or attorney’s fees – not a place you want to be stuck.

Another great tip from Anthony B. Gordon is if you have an asset protection plan, and you are unable to explain what’s going on with your actual assets, nine out of ten times the plan will not work out. You become incredibly suspicious if you do end up in a court of law and have no idea what went on with your assets – hesitation could mean you aren’t willing to put everything on the table, among other insinuations.  In the end, Anthony B. Gordon believes the best asset protection plans are the easiest to understand, the simplest.

Last, the best thing to keep in mind is that everything eventually is put on the table at the end of it all.  That being said, everything you do needs to be truthful and under full disclosure, while still making the right moves towards protection.

What Are the Best Ways to Keep My Assets Protected?

To keep your assets far away from creditors, simply move them.  Irrevocable Trusts, limited liability companies, and family limited partnerships are all good places to move your assets.

Speaking to Anthony B. Gordon, him being your attorney, is the best way to find a solid, functional solution to keep your assets protected, in a way that is tailored to your situation.  Anthony B. Gordon has over 30 years of experience, and therefore can be the knowledgeable mentor you need to thoroughly protect your assets.  Call (818) 887-5155 today for more information on how Anthony B. Gordon can help you.

Anthony B. Gordon: Advice in Avoiding Copyright Litigation When Using Media

With copious amounts of media and data constantly swirling around us in this modern age, it’s no wonder we often hear the term “copyright infringement”.  Through pop-culture news, it isn’t unusual to hear a story coming in speaking of a once-popular artist suing a current artist over a too-similar chorus in their new pop song.  With today’s social media, radio, internet, and television abilities, anything you create can spread like wildfire.  Unfortunately, your creation may reach someone who believes it’s a little bit too similar to their own song, article, etc.  Don’t let the jealousy of another turn into a lost court case.  Anthony B. Gordon is able to defend any copyright situation you may run into, and can assist in providing the results you need.

How Can I Be Safe When Publishing?

Fortunately, there is plenty of advice available that allows you to avoid messes pertaining to copyright litigation.  For example, it is imperative to document where your sources are coming from if you plan to use them in an article or other form of media you want to publish on the internet.  It’s just as was thoroughly implanted in your mind throughout grade school and college – use citations!  Often in scientific, governmental, or official articles, one most likely can scroll to the bottom and see the lengthy list of sources the author has used for their information.  Anthony B. Gordon suggests this as a very simple task to avoid a case of copyright infringement, further leading to copyright litigation.

Anthony B. Gordon also suggests being very careful as to what media you choose to use, even if you decide to give credit where credit is due.  Providing a citation does not always specifically entitle you to use something you find on the internet, nor does it mean you will be able to walk away from copyright litigation if a case is directed at you.  There are certain forms of media that have special licensure, meaning they sometimes have a term written in that you are simply not permitted to use them.

If you are a company trying to avoid copyright litigation, due to often using media off the internet that may or may not need to be cited, Anthony. B Gordon knows that having proper training for your employees on the different aspects of being safe on the internet regarding what they use, and what they choose to represent the company with, can be of great assistance.  A solid training course in copyrights and trademarks, as well as the process of what could potentially occur in copyright litigation, will ensure at least some knowledge on the employee’s part as to what is acceptable and what isn’t.  Proper knowledge in a subject area for your employees can never hurt.

Finally, if you do happen to fall into any unfortunate Copyright Litigation, Anthony B. Gordon has over 40 years of valuable experience to assist in winning your Copyright Litigation case.  Whether your case is due to media you’ve used on the internet, something you’ve created, or even find yourself being sued under copyright law, Anthony B. Gordon will provide the assistance you’ve been searching for.

 

Trust Attorney Anthony B. Gordon to handle your Wrongful Termination case

Wrongful termination cases between employees and employers can be very complex. California law provides the parameters that establish whether a termination was in accordance with the law or not, and Attorney Anthony B. Gordon understands how to protect the rights of California workers.

Federal law prohibits the termination of employees based on race, sex, religion, or national origin. This means no worker can be discriminated based on the color of their skin, their gender, religion, or where they come from, and if violated can be grounds for wrongful termination.

California is recognized as an At-Will employment state, meaning that unless there’s a specified contract between employer and employee, the employer can terminate the employment relationship at will, for any or no reason. Anthony B. Gordon understands that every law is open to interpretation, and exceptions can arise depending on each circumstance.

As a large majority of California employees are voluntarily “At Will” employees, understanding the nuances of California labor law can help you avoid being taken advantage of by employers. Anthony B. Gordon is California’s wrongful termination expert and can prove the conditions that caused a wrongful termination whether you’re an “At-Will” employee or have a contract with your employer.

Even as a “protected” contract employee, the conditions for wrongful termination could have caused you to resign your position. Work conditions deteriorating caused by an employer can cause for, what is known in labor law as, constructive discharge. If you believe this has happened to you or a loved one, Anthony B. Gordon can hold an employer accountable for disingenuously letting an employee go.

The United States has had a long, and troubled history when it comes to labor law. So, when you feel like you’ve been wrongfully terminated by an employer, contact Attorney Anthony B. Gordon. He’ll work hard to protect your rights and the rights of all California employees.