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Posts tagged "Business & Commercial Litigation"

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.

Name 'Mountain Dew' is the subject of ongoing business litigation

Making "moonshine" is an important part of the history and culture of many areas in the Appalachian region, including Tennessee. Distilleries in the state will want to name their products in a way that encourages people to buy the product, but some may find some roadblocks along the way.

Tennessee businesses may face commercial disparagement

The business world in Tennessee can be cut-throat at times, but in general businesses act with integrity. Unfortunately, there will be those who will intentionally spread false information about a business, in order to prevent a third business from engaging in business deals or other commercial practices with that business, in order to cause that business to suffer financial losses. Depending on the circumstances, such unfair business practices could be considered commercial disparagement.

Tennessee businesses do not have to handle legal disputes alone

Tennessee is home to many businesses from small sole proprietorships to large conglomerates. Running a business is no easy matter, but many successful entrepreneurs in Tennessee work hard to see their enterprise thrive. However, no matter how much success a business sees, it is inevitable that legal problems will arise.

What constitutes 'tortious interference' in Tennessee?

The business world can be cut-throat at times, but for the most part business people in Tennessee engage in activities that, while competitive, are still lawful. However, sometimes a person will take this competition too far, and engage in interference with business relationships and contracts. Also known as "tortious interference" this takes place when one party, with the intention of causing another party financial damage, interferes with business relationships or contracts that party has with a third party.

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