Articles Posted in Business Litigation

Vicarious liability is when one party is held liable for the acts of another. For example, an agent of another person goes and commits an act, for example, an accident. The person who is the principal who hired that agent can be sometimes responsible for the agent’s act. That’s called vicarious liability.

The legal name of a business is the corporate name typically. If you have a corporation such as IBM Inc., that’s its legal name. It may do business in other name, which are called fictitious names, but the legal name is typically the corporate name, or if it’s a partnership, the partnership name.

Detriment to reliance is when somebody has made a statement that would have a reasonable expectation that the person who obtained the information or received the statement relied on it and they relied on it in a manner where they took measures and incurred expense or they incurred some hardship on reliance on this other…

There are different types of whistle blowers but the main type of whistle blower is somebody who has objected to or refused to participate in an unlawful practice of the employer. By doing that the employee has done something that he is protected from so that the employer cannot get back at him through some…

A protected class is a category the law has created to protect certain people. For example, whistle blowers would be a protected class, a person who has objected to or refused to participate in what is an unlawful practice of a business makes an objection or refuses to participate in something. The employer cannot then…

A shareholder derivative lawsuit is a lawsuit that a shareholder will bring to recover money that is owed to the corporation where that shareholder is an investor in. For example, if one of the officers of the corporation is stealing from the corporation a shareholder may recognize that and then bring a lawsuit on behalf…

The fictitious business name is typically how you do business under. It’s not necessarily your legal corporate name. For example, a corporation may have a Do Business As McDonald’s, or it may Do Business As the Chicken Place, but its corporate name is something different. It may have an actual legal corporate name as ABC…

Whenever your business is sued, the most important thing is to promptly address the situation. Retaining legal counsel, getting legal advice is very important. Sometimes people wait and they wait til the last second. A default sometimes can be entered if you wait past the deadline. It’s very important to be proactive and address the…