As a business and corporate law attorney I find it interesting that many business owners do not understand there are significant advantages to forming a separate legal entity, such as an LLC or a corporation, to run a business, but fail to realize the full benefit these entities can provide. As a way to relate why it is important to … Read More
Being a business law attorney it came to my attention, as I walked down the snack food aisle at the grocery store, and noticed a product that looked similar to a “Twinkie” that product copying can clearly be a problem for a business owner. The snack cake I saw was clearly not a “Twinkie”, however, and had a completely different … Read More
When people come together to begin a business, they may not think the time will come when they will not get along. But if, after many years, you and your business partner no longer see eye-to-eye when it comes to how to operate your business, what is to be done? The late Mickey Rooney once quipped: “A lot of people … Read More
With the start of a new year, many people begin thinking of resolutions related to personal fitness and weight control. “This year I will lose X number of pounds,” is a common goal. However, many may testify that it is easier to never to gain extra weight in the first place. In legal matters, it is also easier to avoid … Read More
Pope Benedict XVI announced recently that he will be resigning his position as the leader of the Catholic Church. While a Pope’s resignation is not common, it is common for leaders of businesses to resign their positions, either because of age, a sale of the business, a forced resignation by others with an interest in the business, or any number … Read More
Are you an entrepreneur struggling to decide how to form your business? You may be wondering whether you should: start the business without assistance; use an online platform to assist in filing; or hire an attorney. Which option to choose depends on the complexity of your business and its structure. 1. STARTING A BUSINESS WITHOUT ASSISTANCE There is a wealth … Read More
Shakespeare reminds us that a rose by any other name would smell as sweet. However, this metaphor only goes so far. A contract signed in any other name is not necessarily enforceable in the same way. Some business owners, for example, have made the mistake of signing their personal name to a contract without making any indication in the document … Read More
In Arizona a lawsuit claim based on the breach of an oral contract is subject to a three-year statute of limitations. Other claims may be subject to different limitations, some much shorter. A person with a claim against a public entity, such as a city or state, for example, must serve a notice of claim within 180 days or may not be permitted to bring a lawsuit at all.
The other day, my family and I picked up some fast food on our way home from an outing. Despite knowing better, my wife and I failed to verify at the drive thru that the food we ordered was the same as the food placed in the bag. Several miles later, we opened the bag and realized we did not receive everything we paid for. We were entitled to the food we had purchased, but we decided not to return to the restaurant because it simply was not worth our time and effort (not to mention gasoline) to claim what was rightfully ours.
It is an ancient saying that, according to the words that are written will the world be judged. This statement is at least true for many who take their matters before a court for a determination of their rights and interests. While courts also decide on matters not in writing, written words are generally far superior in a court of law than any oral or implied understandings between parties.
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