Harty Law Group, PLLC

What Are Common Mistakes In Business Litigation?: Running a successful company is challenging enough without the ongoing pitfalls of litigation. Litigation can not only present a legal risk but a substantial financial risk to a company. Business litigation is well-known for being costly, complicated and, in some cases, drawn out. It is common for disagreements to arise out of commercial contracts, issues raised by current and former

Business need copyrights to protect their products: The U.S. Supreme Court issued a unanimous ruling in March of 2019 that says that copyright protection begins when the U.S. Copyright Office registers the copyright. Now copyright protection litigation is only allowed if the copyright is officially registered. Before this ruling, the lower courts had different ideas about when copyright protection began. Some courts ruled that protections would begin

Toxic mold in a commercial space can lead to a lawsuit: Mold is generally smelly and unsightly, but it can cause serious damage and illness when it is toxic. This infestation can lead to millions of dollars in lawsuits against contractors, owners or other businesses involved. The damage can be to the building structure or impact its’ market value for sale or rental. While it can cause illness among occupants, toxic

4 tips for dealing with ending a family business partnership: Running a family business isn’t easy. Your parents may have spent years building your business’ operations and services for the business to succeed. You may have spent long hours, over decades, to ensure your business kept up with changes in your industry, so you can pass the business on to the next generation in your family. You also have had

Does a business partnership need to be put in writing?: Co-owners often formalize an agreement with a handshake, but no serious partnership should move forward without a business partnership agreement. The best agreements are those that are the most thorough. They can also change over time as the business grows and changes, but they need to address the partnership’s current state. An attorney should draft it, regardless of whether two

Seller’s disclosure agreements can protect sellers: Most states require a seller disclosure agreement when selling residential property, and some do for commercial real estate. Regardless of whether it is required by law, these agreements enable the seller to inform the buyer about the property’s relative health. The statement is often a form with several pages of questions that the seller ideally answers truthfully. These may include

Construction defects may require litigation: Many who buy a newly built home like the fact that the structure is in perfect condition. There are no nicks or dents in the paint, cracks in the ceiling or fears that the HVAC needs replacing. However, the paint may not even be dry before the new owner or developer planning to sell the property realizes that there are

When is litigation worth it?: When you’re embroiled in a business dispute, you have a few options for reaching a resolution. The quickest path to putting an issue to bed is to offer a settlement. However, doing so will not enable you to tell your side of the story and require you to pay the costs out of pocket. Another option is attempting to resolve

Can a business partner be sued for abandonment?: Business partnerships start with the best intentions, but some fall apart when one partner leaves. Often, it is a matter of one partner giving up and moving on, while the other feels there is still an opportunity for success or obligations to clients or employees to fulfill. This split may prompt the one who stays to wonder if they can

Why should I hire outside general counsel for my business?: Part of owning a business is taking care of all the details to keep your business running smoothly. One major area you need to address is ensuring you are operating your business on solid legal ground. You want to make sure you don’t run into legal trouble that could lead to a business dispute or a lawsuit that would hurt

What if my partner steals from the company?: A company may have to deal with theft someday. Sometimes it may even be a partner intentionally committing the wrongdoing. While some matters can lead to criminal action, more often than not, they end up in civil court. The goal for the victim is to recover stolen assets or seek damages. Common examples of theft It may be a simple

Determining consequential damages can be difficult: Anyone who has been to a large construction site will likely recall many workers all doing different tasks to achieve a common goal. Whether it is architects on the site reading blueprints, contractors building the foundation or trucks delivering materials, there are many moving parts. All this work is controlled by a construction contract that outlines responsibilities, quality expectations, deadlines,

Can a family-owned business survive a dispute?: Going into business with a sibling or taking over a company from a parent can be rewarding. Nevertheless, a solid business plan should be in place from the beginning. While co-owners who are siblings expect to have a high level of trust, there are still times when siblings will fight over the company’s direction. It could signal the end of

The benefits of hiring outside general counsel: Running a business is like keeping several plates spinning at the same time. Numerous things continuously require your attention, not the least of which are various legal matters. For small to mid-sized businesses that may not have the resources to employ full-time, in-house counsel, dealing with legal concerns can quickly take their toll. Business owners may attempt to resolve legal

Infringement claims only valid if there is a registered copyright: Copyright laws are often complex and can be confusing. This confusion was no doubt in part because the Circuit Courts were not ruling consistently on points of law related to copyright protection. Now the U.S. Supreme Court has weighed in. In a rare example of unanimity, the high court determined that copyright infringement claims are only valid if the U.S.

How can zoning and land use issues impact a business?: Most business owners have a general idea of what zoning and land use means. If they are looking to build and move into a new property, they know they need to check the local zoning and land use regulations. These ordinances provide guidelines on how land is used and help govern the rate of an area’s development. These ordinances apply

How to assess damages after a breach of contract: When a business provides yours with goods or services, any contract you create will include terms about deliverables. Most businesses will satisfy these. But some may fail to deliver on the goods or services at the price agreed upon in your contract. In these cases, it’s important to understand how you can assess the damages the business’ breach

Equal shares in a family business can be a disaster: Parents often take pride in holding their children in equal regard, so those who hand down a business will likely award equal shares. On the surface, this would seem fair. But look a little deeper, and that decision of equal ownership may be a lethal blow to the family and family-owned company’s wellbeing. Parents make assumptions Common mistaken assumptions include:

Addressing a partner’s theft of assets: Running a growing business is challenging in the best of times. Yet few actions are more devastating than discovering that a partner is stealing from the company. They may rationalize it, but taking assets without authorization, misappropriating funds, or committing other criminal acts is a violation of the partnership. Not so fast Partners often have access to all parts of

Outsourced legal counsel brings a valuable outsider’s perspective: Creative solutions to complex business problems often are generated by looking at things from a completely different perspective. That sounds easier than it is in many situations. Owners, CEOs and other business executives are engrossed in the day-to-day management of their operations. They have definite opinions about broad and long-term business strategies as well as more specific and immediate issues

Managing a business partnership split: Business partnerships are a lot like marriages when they are successful. Similarly, they can be spectacularly ugly when the partnership falls apart. Assuming that all attempts by the partners to find a fair and equitable solution on their own were unsuccessful, it is a good idea to work with a business law attorney that under who understands the rights and

What Should I Expect When My Business Faces a Lawsuit?: A business owner may face a lawsuit during the course of their business due to disgruntled employees, unsatisfied customers, or competitors. Common business lawsuits involve partnership disputes, contract disputes, employment litigation, insurance coverage, and judgment liens. As a business owner, threat of litigation is almost a certainty. Because lawsuits are expensive and drain a company’s time and resources, questions arise