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Business & Commercial Litigation Archives

Is your partner breaking your partnership agreement?

When starting a company, it's important for co-owners to set up a partnership agreement. This can establish things like what roles they'll take on, how much of the company they own, what to do if they have a dispute, how much authority they have, how long the partnership will last and much more. It's a way of setting up a legal relationship so that you both know exactly where you stand -- and it goes far beyond a handshake and an agreement to work together.

The 4 types of alternative dispute resolution

Alternative dispute resolution (ADR) is an increasingly popular alternative to litigation in the context of business disputes. ADR facilitates discussions around disputes and accusations involving businesses. Instead of focusing on court-based resolutions to disputes, where conditions can be stressful, toxic, and drawn-out, ADR tries to find an efficient way for all parties to come to a mutually beneficial agreement.

How can you protect a trade secret?

What makes a business unique or successful is often related to a secret recipe, special component part, or even a method for making a product or certain part. These are known as trade secrets, and if others knew them, it is possible that a business would not be successful. Thus, it is important that businesses in Tennessee and elsewhere understand what they can do to protect this information.

Understanding deceptive trade practices

Selling goods can be a complex process, as society is compelled to purchase goods based on how well a company advertises for it. While businesses in Tennessee and elsewhere take steps to ensure their business is profitable, certain conduct could raise a red flag.

What is arbitration?

Alternative dispute resolution refers to the various means of settling legal disputes without going to court. Arbitration is one of those methods, and Tennessee residents may find themselves arbitrating many different legal matters instead of taking them to court. From consumer claims to employment complaints, arbitration is often built into agreements and contracts promulgated by businesses.

What remedies are available after a breach of contract?

Tennessee businesses thrive when the contracts they enter into are properly drafted, effectively executed and completely performed. That is to say, when contractual parties fulfill their obligations to each other and do what is expected of them under their agreements, they should all come out of their contractual relationships with what they want and need. In order to ensure that contracts meet these elements, businesses can work with business and contract attorneys who can support their contractual goals.

What are trade secrets?

There are dozens of restaurants where Tennessee residents can be served a hamburger and fries, but individual readers of this blog may each have their own favorite place to pick up this classic mealtime combination. Whether it is a special seasoning that they use on their burgers or a sauce that is offered on the side, distinctive elements are important to businesses so that they can stand out from their competitors. When a business establishes a unique element to their products that makes them distinguishable from those of their rivals that element may be considered a trade secret.

Supreme Court weighs in on Apple antitrust violation suit

It's almost hard to imagine how we managed our daily lives without smartphones, and a critical player in the advent of smartphones was Apple. Almost everyone in Tennessee has either used the Apple Store to purchase an app for their smartphone or they know someone who has. However, the tech giant is facing legal troubles of its own in the form of a class action lawsuit alleging antitrust violations.

Federal law addresses antitrust violations by businesses

Federal antitrust laws were created to preserve fair competition in the marketplace across the nation, including right here in Tennessee. When there is open competition, prices of products will go down, higher quality goods and services will be offered, consumers will have more choices when it comes to purchasing goods or services and all-in-all there will be more innovation in the marketplace. In general, there are three laws that form the basis of antitrust regulation in the U.S.: The Sherman Act, the Federal Trade Commission Act and the Clayton Act.

Energy drink giants sue on claims of unfair business practices

Energy drinks have experienced tremendous growth over the years and are popular among those in Tennessee who are interested in maintaining their good health as well as giving them the energy they need to go about their day. However, energy drink companies are businesses, and as such, cannot engage in actions that unlawfully cause their competitors to suffer financial damages. When such situations arise, business and commercial litigation may ensue.

Contact us today to learn more about how we can help you resolve your legal situation.

To discuss your specific situation and to learn more about how we can help, call us at 731-300-1592 or submit an inquiry via our online contact form.

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