Corporations are subject to many fiduciary rules that govern their operations. Most business persons are familiar with the prohibition on interested transactions and placing one’s own financial interests ahead of the company’s. Yet the application of this rule varies widely from state to state. The Delaware Supreme Court has recently…
Articles Posted in Business Litigation
Is Your Small Business Safe From Litigation?
Costly litigation has caused many small companies to go out of business. Often, larger companies know this and try to bully a smaller company with the threat of litigation. Small business owners do not have to be overwhelmed by the threat of litigation. With an effective legal strategy, your business…
The Securities and Exchange Commission (SEC) Amends Its Rules Affecting Investors
After the Securities and Exchange Commission (SEC) amended its “accredited investor” definition in August 2020, it amended its rules once again in November of the same year. In its latest rule amendments, the SEC increased the annual caps on equity crowdfunding and raised the maximum offering amounts for Reg A+…
How to Read an Investor’s Term Sheet
Term sheets are, by design, made to be simple. They are supposed to give a general overview of a proposed investment in very broad terms. Despite this, a term sheet can contain provisions that could create complications for your business in the future. An experienced investment lawyer can help you…
Informal Discovery Conferences
Litigation is a costly enterprise for any business owner. It is important to work with an experienced business litigator who knows how to mitigate litigation expenses wherever possible. New statutes – such as the one that creates informal discovery conferences – can be used to help resolve discovery disputes and…
Breach of Contract, Force Majeure, and COVID-19
The coronavirus has created many new legal issues with unclear answers. Courts across the country will spend months – and likely years – sorting through a backlog of civil cases involving legal questions about the financial losses created by COVID-19. While it is not possible to predict the outcome in…
Recovery of Attorney’s Fees in Lawsuits
In California litigation, each side is generally expected to pay their own attorney’s fees. This can be a significant amount – one that is especially hard for businesses to bear when they are new, or small or subject to difficult market conditions (such as the coronavirus pandemics). There are, however,…
Misuse of the Discovery Process
Many business owners are familiar with the discovery process. When a lawsuit is filed, it triggers a formal process of exchanging evidence between the parties to the case. The discovery process has specific rules governed by law. These rules are designed to protect litigants from opposing parties who would misuse…
Verified Versus Unverified Complaints
When filing a lawsuit in California, the original complaint may be either verified or unverified. If it is verified, the plaintiff makes assertions under the pains and penalties of perjury. A verified complaint also forces the defendant to respond to the lawsuit with a verified answer. This tactic forces the…
When to Seek a Protective Order in Civil Litigation
A civil lawsuit is a common experience for business owners. Whether you are filing or defending a lawsuit, it is important to work with an experienced litigator who knows how to protect your legal rights throughout the discovery process. The experienced business lawyers at Structure Law Group, LLP know how…