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News and practical information from our attorneys.Non-Competiton Agreements; Is there an interest to protect?
A common question that business lawyers are asked about is the enforceability of non-competition agreements, or “non-competes”.The general topic of non-competition agreements requires far more discussion than can be completed in a single post. I will address other issues in later posts. read more…
Just Sue ’em!
Although the linked case does not involve a business dispute, the procedural history serves as a cautionary tale to business owners and all other people who think litigation is the magic pill that will quickly cure and resolve a business dispute. In the case of Moore v. Ford, the accident occurred on December 20, 2001, the lawsuit filed in May, 2003, and the Indiana Supreme Court just sent it back to the trial court for a new trial. read more…
Why Lien Searches Are Important
Here is a link about a recent case where the Indiana Court of Appeals held that a secured creditor could obtain pre-judgment possession of its collateral, despite the fact that the borrower had sold that collateral to a third party. The Court rejected the idea that the buyer could rely upon the statements of others concerning whether there were any liens attached to the property being sold. The buyer never contacted the lienholder. read more…
Business Partners are Like Spouses
When deciding to go into business with a partners or partners, people need to be aware that in many ways a business partner is like a spouse. Business owners who succeed together do not need to always agree, but the successful owners have a relationship of trust, respect, equal division of effort, willingness to compromise, and an equal willingness to stick together through the rough times. read more…
Beware Of The First Breach
Businesses deal with contracts on a daily basis. While it is always preferable to have your contracts in writing, oral contracts are enforceable, with certain limited exceptions.
This is not news to most of you in the business world. A lesser known tenet of contract law is the first breach doctrine. This doctrine stands for the rather common sense notion that when a party to a contract does not live up to his own obligations owed under the contract, he may not sue to enforce the contract against the other party. read more…
