Archive for August, 2012

Solving Disputes Between Business Partners

While litigation should be the last solution to disputes between business partners and should only be pursued when everything else has failed, most disputes often inevitably lead to litigation. Disputes between business partners often ultimately lead to separation and can be compared to a divorce of a couple. The failure of a business relationship, much like the failure of a marriage, can often lead to failure to find logical business solutions due to the fact that feelings, egos, and clouded judgment are usually involved in this process. In the event that a logical solution to the dispute cannot be reached between the partners, a civil litigation lawyer in California should be contacted.

Litigation can be expensive, frustrating, and time consuming, but if it can help lead to a solution, it is worth it in the end. California civil litigation lawyers give partners legal advice, access to information, and most of all, they narrow the dispute down to factual and legal issues to resolve the parties’ claims, eliminating feelings and egos from the situation to find a solution. By separating legal facts from feelings, these lawyers are truly able to get down to a solution that is fair to both parties.

Common issues that occur between business partners include breach of fiduciary duty, breach of contract, fraud, conversion of funds, and more. Catanese & Wells has over 30 years of experience in business disputes and aim to settle your case as efficiently and quickly as possible, while avoiding trial through mediation or arbitration. However, if a trial becomes necessary, our team will work hard to conclude the case in favor of our client.

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Avoid Contract Disputes by Hiring a Business Litigation Lawyer

While the role of a litigation lawyer can vary, many business litigation lawyers would highly recommend consulting an attorney when it comes to contracts. In essence, it’s a good idea to hire a business litigation lawyer any time you prepare to enter into an agreement or if you would like to protect yourself against future dispute. Below are a few common reasons to hire a California Business litigation lawyer regarding a contract. You should hire business litigation lawyer if:

• You’re entering into an agreement and would like to draw up a contract.
• You want to have a contract reviewed before signing or having it signed by someone.
• You have already signed a contract and would like it enforced.
• You find yourself in a dispute over a contract.
• You’re buying/selling a business, or signing a commercial lease.
• You’d like to draw up or dispute an employment contract.

These are all instances where it is important to consult with a California business litigation lawyer. A contract is defined as an agreement entered into voluntarily by two or more parties to create a legal obligation, which may have elements in writing, though contracts can be made orally. The remedy for breach of contract can be “damages” or compensation of money. Oftentimes, a dispute can occur due to an unclear contract, which is why it’s important to have an attorney review the contract and make sure both parties understand the components before it’s signed by either party. An ideal way to avoid any type of contract dispute is to hire an attorney to help you write the contract.

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Registering a Trademark for Your Business

The first thing a customer or client notices about a company is their unique “face” – whether it is in the form of a name, phrase, logo, word, or symbol. Your company’s face or trademark represents your company and should be protected accordingly. Should a company neglect to register their trademark, there can be a variety of consequences. Sometimes, another company as a similar logo, name, or phrase, and can cause both businesses to lose its image. A could end up losing their trademark and paying monetary damages for copyright infringement. The company that didn’t register their trademark may have to re-design the entire logo, change the business name, and create a new slogan. This could result in confusion between customers, vendors, and other affiliates.

If something like this were to occur, whether you failed to register your trademark or you find that another company’s is too similar to yours, it’s important to hire a lawyer to help you sort things out. California Business Lawyers can aid you in the process. Enforcement of trademark and copyright laws, as well as infringement defense are a few things Catanese & Wells can do for you. Trademark searches with opinion letters and registration of trademarks and copyright applications are just a few things that you may need a California business lawyer for.

Besides offering copyright and trademark services, Catanese & Wells also offers a variety of services to benefit your business and help when you’re and need. Catanese & Wells offers business analysis, strategic business formation, contract negotiation, buy/sell agreements, internet law and more.

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Failure to Diagnose During Your Horse’s Pre-Purchase Exam

A pre-purchase exam is the first step most people face when jumping into the world of horse ownership and they hope it to be the last exam that they will ever have to face with their horse, aside from seasonal veterinary vaccines and yearly Coggins. A pre-purchase exam is meant to detect lameness and any other physical health problems that may linger unbeknown to the owner, and in few cases, are deceitfully hidden by the seller. While many people will say that their horse either passed or failed a pre-purchase exam, this is not the case. A pre-purchase exam is meant to identify the horse’s current health conditions and at the end of the exam, the potential buyer must determine whether or not they can live with the problems found and may compromise the value of the horse. If the buyer decides he or she can live with the problems, they buy the horse. The equine veterinarian will often provide a letter describing the results of his exam after it is completed.

So your trusted veterinarian missed a major issue during your horses’ pre-purchase exam… now what? Unfortunately this is not extremely uncommon in the equine world and many people must face the consequences of not only buying a horse that cannot perform their duty, but also end up over-paying for a horse that is not nearly worth its true value due to a health problem that existed before the horse was purchased.

The silver lining to this misfortune is that there are attorneys who specialize in equine law and experts in the field. Catanese & Wells is an equine law firm that has specialized in the industry since 1984. We represent every discipline and breed of horse in equine law and are committed to helping you acquire the tools to obtain justice if your veterinarian overlooked a major pre-existing issue regarding your horse’s health during the pre-purchase examination.

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