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Business Litigation Archives

A high-level overview of federal antitrust laws

Antitrust laws are something any business owner should be familiar with. Understanding how these laws might apply to you helps you stay clear of legal entanglements or assert your rights if you believe another business is creating a monopoly. Here's a quick primer on the three antitrust laws that make up the core federal legislation on the matter.

Does restraint of trade always equal legal consequences?

Restraint of trade is technically any action that inhibits the ability of another to engage in business practices they would normally be able to. Restraint of trade doesn't refer to actions that block illegal business activity. In some cases, restraint of trade is allowed because it is considered reasonable, but often restraint on someone else's business can lead to business torts and litigation.

Lehman Brothers Holdings' suit to be settled with cash payout

Lehman Brothers Holdings went bankrupt in 2008, sparking global financial issues and making discussions about banking practices a household affair for months. Since that time, Lehman Brothers has filed suit against JPMorgan, alleging that the bank took certain actions in the days leading up to the bankruptcy that caused Lehman Brothers to lose critical liquidity. That loss of liquidity hurt other Lehman Brothers creditors; allegations are that JPMorgan gained a "windfall" while other creditors lost out.

Safeguard your business with appropriate legal help

Businesses and business owners can face all types of frightening legal issues. Business litigation can be stressful because the outcome often impacts whether the business can remain successful, and even the existence of a lawsuit can be bad for brand efficacy. During a lawsuit, you have to manage both the legal issues and the public relations matters, and there's just no way one person can handle everything on his or her own.

Staying litigation-safe with advertising claims

Once you launch your business, you'll probably want to drum up more customers on a regular basis. That involves advertising and marketing, which you have to ensure is in line with legal requirements. It can be difficult to know where the lines are and how you can create enticing marketing campaigns without making what might be seen as false or unlawful claims. This is why working with a business law professional to vet new campaigns can be a good idea.

What is fiduciary duty and how is it broken?

Fiduciary duty is an important concept in business, particularly when you are working with vendors, partners or professional service providers. Fiduciary duty is both a financial and legal concept. Specifically, it means that one person or entity in the relationship has an obligation to act in the interest of the other person or party. If those obligations are ignored, then the other party might have the basis for civil business litigation.

Getting out of a contract as the customer

Whether you're a business dealing as the client with another business or you are a consumer, you do have some rights when it comes to contracts. Sometimes, you enter into a contract and then realize quickly it was a mistake. If you are the consumer or client -- whether you are a person or an entity contracting with another provider -- there are some things you can do to try to get out of the contract without breaching it.

What is a non-disclosure agreement?

A non-disclosure agreement is also called a confidentiality agreement. The agreement is entered into because two or more people or business entities are engaging in or planning to engage in a relationship that will involve the sharing of confidential information. In it's most basic form, the non-disclosure agreement usually requires one person or party to agree not to disclose information it might learn about the other person or party or associated business practices.

Deceptive trade practices according to Colorado law

The Colorado Consumer Protection Act provides an extensive definition of deceptive trade practices. The act states that a person or business can engage in deceptive trade practices in a number of ways while going about business or a job and goes on to provide details of over 40 ways such practices can occur.

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