Trustee Troubles? How a Motion for Instructions Can Help
Trustees are often asked to make difficult decisions under circumstances that the trustee did not anticipate before accepting the role. In some cases, the language in the trust instrument isn’t clear, and the trustee may be unsure of what to do. In others, one or more beneficiaries may disagree with a trustee’s plans for the […]
M&A Disputes: Common Post-Closing Legal Disputes
Mergers and acquisitions (M&A) are complex transactions, often involving millions or even billions of dollars. Legal disputes can arise long after the ink has dried on the final agreement, and the consequences can be significant for all parties involved. The specific challenge can take several different forms, but the most frequent legal claim post-closing is […]
The Important Fiduciary Relationship – Burden Shifting in a Fiduciary Duty Setting
The fiduciary relationship requires trust, and the law recognizes the unique relationship and aims to protect it. A fiduciary will have a heightened burden of proof if he or she engages in transactions involving the beneficiary or subservient party. If you are a fiduciary, or are the beneficiary of a fiduciary relationship, its important to […]
Contract Disputes Against Large Companies – When Goliath Breaches a Contract With David
So, you’re a business owner and you have a contract with a large company. You recently had an issue with how Goliath performed their obligations under the contract—perhaps because Goliath hasn’t paid, or maybe Goliath made unreasonable requests outside the scope of the contract. In this David versus Goliath scenario, you (i.e., David) may feel […]
What is a breach of fiduciary duty?
A fiduciary duty can arise in various ways. It can arise automatically from specific relationships,like a trustee of a trust, who has a fiduciary duty to the trust beneficiaries. Likewise, a generalpartner in a partnership typically owes a fiduciary duty to his partners, and an agent representing you in a business deal may have a […]
Partnership Disputes: What to do if a business partner steals from the business?
You are a partner in a partnership and suspect your partner is stealing from the business.Alternatively, perhaps you are a member/manager of an LLC and suspect a member/manager isstealing from the business. This situation requires action. This article is here to empower youwith knowledge of your options. Types of Theft 1) Breach of Fiduciary Duty […]
Breach of Contract: What to Do When You Suspect a Breach of Contract
As a business owner or manager, you’ve likely encountered situations where you’ve contractedwith another business for goods or services, but the goods or services weren’t appropriatelyprovided. This article is designed to equip you with the knowledge you need to handle asuspected breach of contract. An Oral Contract vs. a Written Contract If you don’t have […]
Navigating the Intricacies of Real Estate Investment Fraud
In the compelling case of Natalia Legg, Josh Gotlib, and Black Spruce Management, we delve into the intricate world of real estate investments and fiduciary duties. This case is a stark reminder of the importance of protecting investments and the serious implications of fiduciary breaches in real estate businesses and trusts. When such breaches occur, […]
What Are the Rules of Evidence?
In the complex world of legal proceedings, the rules of evidence play a crucial role in determining the outcome of a case. The federal rules of evidence can be challenging to wrap your mind around, but understanding these rules is fundamental for anyone involved in the legal process. The following article explores the intricacies of evidence rules, […]
What Is a Non-Compete Agreement?
A non-compete agreement is a common contract between businesses and their employees, also called a covenant not to compete. These contracts prevent employees from leaving their employment and using their skills and knowledge to compete in the same market as their former employer. When a company has non-competes in place and a former employee breaches […]
