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What Do I Do If I’m in a Business Dispute?

07/18/2014 | Comment

What To Do in a Business Dispute

An internal or external business dispute can wreak havoc on individuals and companies alike. Fortunately, you have several legal options for coping with a dispute in the manner best suited to your particular challenge.

Amicable Resolutions

  • Buyout – One partner in a business can buy out another’s ownership in a business when differences appear irreconcilable. As is the case with so many business decisions, the best time to deal with this contingency is before the need arises. Every business partnership should have their attorneys create a formal buy-sell agreement that covers the entire process in detail. HG Legal Sources notes that when one partner offers to buy the other partner out, the second partner may have the option to reverse the request and but the first partner out instead, a situation known as “I cut, you choose.”
  • Sale – Selling the business may allow everyone involved to exit the business and see some profit at the same time. On the other hand, this process can generate plenty of fresh new disputes over how the proftis from such a sale should be divided. Selling a business can be a lengthy, challenging process. Think carefully about how long you want the resolution of your business to take; you may find that a less remunerative but faster process is more to everyone’s liking.
  • Dissolution – Dissolving a business is a relatively fast and clean form of dispute resolution. As described by the U.S. Small Business Administration, the process generally takes just 90 days and involves the submission of a one-page form to the state. While the dissolving partners will need to make vendors, contractors, and partnering businesses aware of the dissolution, they are not held accountable for each other’s debts or liabilities in regard to the business.

Going to Court

If your dispute cannot be resolved through amicable means, it’s time to go to court. Legal battles require considerable legal expertise and experience. Lawyers.com points out, for instance, that he lawsuit must be brought in the appropriate court, for instance. The complainant must also ask for a specific judgment from the court, whether it involves a financial reward or an order to cease and desist from the offending behavior.

  • Settlements – If the parties in the dispute would prefer to cut their courtroom expenses short or avoid going to judgment, a settlement behind closed doors can put an end to the court proceedings. The party bringing the lawsuit will agree to let the other party pay less damages, while the other party may concede to some, but not all, of the business changes originally requested.
  • Judgments – If either you or the other party in the dispute refuse to settle out of court, there is no other option but to take the case all the way to judgment. In this scenario, you’ll need all the legal expertise at your disposal to make your case while weakening the opposition’s case. The judge will then pronounce a verdict or guilty or not guilty and award damages.

All of these options will likely call for legal assistance at some point or other. You can get your partnership off to a strong start by seeking this assistance as early as possible, especially in the structuring of the business and the creation of agreements that enable smoother operation and better communications. Contact Coulter Law Group to learn more.

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5 Mistakes Owners Make When Drafting a Lease Agreement

03/27/2014 | Comment

Home Owner

In this economy, it seems like more people than ever before are becoming landlords, whether that was in their original plans or not. If you’re looking to move, but you can’t sell your home without losing money, renting it out is a great option. In an effort to save money, many people are opting to manage their own properties instead of hiring a management company. If you find yourself renting out property, whether a house, a condo, or an apartment, just make sure that you draft a strong lease agreement that will protect both your rights and the rights of your tenant. This agreement needs to be clear, well organized, and detailed. Here are five mistakes to avoid when drafting your own lease agreement.

1. Relying on Verbal Agreements

As much as you like your new tenants and hope that they will pay their bills on time and take good care of your property, you simply cannot afford to make the mistake of only making verbal agreements. Discussing your terms and shaking on it isn’t going to cut it. To protect yourself and your tenant, you must draft a legally binding written agreement, signed by both parties.

2. Writing a Vague Agreement

If ever there was a time for precision and detail, this is it. Don’t just throw together some sloppy agreement and have your tenant sign at the bottom. You need to list the property address, the length of the lease including the specific dates of that time frame, any specific regulations regarding pets on the premises, any damage already present in the home, and other details like eviction policies and late payment fees. The more specific you are, the easier it will be to sort through any problems that may come up in the future.

3. Forgoing a Background Check

As much as you might like to simply trust everyone that applies to rent your property, you must conduct a background check prior to accepting an application. Yes, it might cost a little bit to have this done. However, this information, including credit history and criminal background, is vital. You are entrusting someone with your property. It only makes sense that you need to do your homework in order to ensure that you find a trustworthy tenant.

Comic Strip

4. Forgoing an Initial Inspection

Although it will take a bit of your time, make sure that you conduct an initial inspection of your property with your tenant. During this inspection, make a written list noting any damage to the property including stains in carpeting, nail holes in the walls, and other issues related to the structure and cosmetic appearance of the property. Once the list is complete, both parties should sign and date the document. This will come in handy down the road when your tenant is preparing to move. At this point, you can walk through the property again and it will be clear what damage occurred after the tenant took up residence in the unit. This will allow you to receive proper payment for any repairs you need to make.

5. Forgetting to Collect a Deposit

Finally, it is imperative that you collect a deposit. You can include this stipulation in your property listing and you should also detail the amount of the deposit and the parameters for refunding the deposit in your lease agreement. You may want to collect the equivalent of one month’s rent at the beginning of the lease and stipulate that a certain percentage of the deposit will be refunded when the lease is concluded. It is wise to make a portion of the deposit non-refundable to cover the cost of having the property cleaned in between tenants. You will also want to state in your lease that the cost of repairs for any damage caused by the tenant will come out of the deposit. A deposit adds an extra level of security for you as a landlord and gives your tenant added incentive to pay their rent on time and take care of your property.

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Business Dispute: San Diego Comic Con Sues Salt Lake City Comic Con

08/22/2014 | Comment

LONDON, UK - OCTOBER 28: Darth Vader and Storm Troopers pose at

San Diego Comic Con, that most famous of comic book and sci-fi conventions, is in a legal battle with neighboring Salt Lake Comic Con. The suit is one of copyright infringement, as San Diego is alleging Salt Lake has capitalized on its intellectual property to enhance its own convention. The heart of the issue come down to the similarity in names, which San Diego alleges can be confusing to convention-goers. While other cities in the United States have similar conventions and call them Comic Cons, the similar sounding names of San Diego and Salt Lake were enough for San Diego to single out Utah’s capitol city for suing.

Salt Lake City Comic Con Hires Attorney to Represent them in Business Dispute

Salt Lake is having none of it. In fact, Salt Lake has hired a lawyer from San Diego’s own state of California to represent them. The organizers of the Salt Lake convention have hired Sterling Brennan, an Orange County, California attorney to defend them against San Diego’s assertions that the two convention names are similar enough to cause a trademark violation. San Diego also alleges people may think the two conventions are associated with each other due to the similar names. Brennan is tasked with defending Salt Lake against these allegations and obtaining a court ruling that will allow them to retain their convention name.

Brennan and those who work for him are known to be among the best intellectual property lawyers in the country. Hiring him shows that Salt Lake means business when it comes to keeping its name. In business to business disputes like this, particularly intellectual property and trademark violation lawsuits, the legal waters can often be murky. The choice of Brennan as the attorney for the case ensures Salt Lake of getting a fair trial against the larger, better known, and more powerful San Diego convention.

Brennan already has a successful track record under his belt in defending these types of cases. He is perhaps best known for successfully defending the Novell corporation in retaining its ownership of the UNIX operating system name in 2012. Those who are watching the case, especially fans of the Salt Lake City convention, hope that a win for Salt Lake will set a legal precedent that will even the playing field for it and other comic book conventions across the country.

If the court sides with the much newer and smaller Salt Lake convention over the older and more recognized San Diego convention, San Diego’s power in the convention world will be limited to its own event. It will not have any type of power over other, similar conventions. This is exactly what the fans of Salt Lake and other small conventions want. A win for Salt Lake is a win for smaller conventions everywhere in the United States. With Brennan, they stand a good chance of getting it.

The lawsuit began on August 7, 2014, when San Diego Comic Con filed its initial complaint in the U.S. District Court in Southern California. In its complaint, San Diego is seeking an injunction against Salt Lake from calling itself the Salt Lake Comic Con, and is also seeking financial damages caused by Salt Lake’s use of the name to date. The organizers of the San Diego Comic Con allege that the Utah convention has been reaping the benefits of the hard work and good name of the San Diego convention by infringing upon its trademark in using a too similar name.

The Salt Lake convention organizers have publicly said the lawsuit is without merit. Meanwhile, they are working with their attorney to draft an official response to San Diego’s lawsuit which must be filed with the court by early September.

The organizers of the Salt Lake convention would like to resolve the dispute amicably. However, they are prepared to take it to court if necessary, and to fight it all the way to the highest court that will hear the case.

This goes to show how important it is to get good representation in business to business lawsuits. Salt Lake’s choice of attorney may make all the difference for them. If your company is facing a business to business lawsuit, the Coulter Law Group can make all the difference for you, too.

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2026 Ram ProMaster 2500 Cargo Van.

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Change Your Oil and Fluids.

1. Check Your Tires

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2026 Dodge Durango.

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2026 Chrysler Pacifica.

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