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Tech Sector Giants Battle in Business vs. Business Litigation

When individuals dive into litigation against one another, the ensuing court battle can be lengthy, costly, and bitter.  When entire businesses sue each other, the scope of the resulting legal circus is that much greater.  Our commercial litigation attorneys revisit two of the biggest business vs. business patent lawsuits in recent years: Rockstar against Google, and Apple against Amazon.

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Using The Better Business Bureau as a Resource

Most people are familiar with the Better Business Bureau, but not everyone knows exactly how they can use this organization as a tool to help their companies succeed.  In this blog entry, our business litigation attorneys talk about what it is the BBB actually does, and provide some tips on using the Better Business Bureau as a resource for your company.

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Marc Jacobs Now Accepting Tweets as Payment

For those who aren’t aware, Twitter is one of the biggest social media websites in the world.  Boasting over 500 million registered users, Twitter currently ranks as the fifth largest virtual community on the planet.  What sets Twitter apart from its digital peers is its format: instead of writing blog posts or even half-paragraph “status updates,” Twitter users communicate with the world via bite-sized “Tweets” that are capped at 140 characters.  (This paragraph is already three times too long for Twitter.)  The popularity of Twitter is hardly news, but recently, fashion designer Marc Jacobs experimented with using the website as a substitute for payment.

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Myths About Business Contracts

Everyone knows what a contract is: an agreement, whether oral or written, binding multiple parties in a set of agreed-upon obligations, stipulations, and benefits. That much is pretty clear — but, like any given topic, over the years contracts have generated their own set of myths and misconceptions. If you or your businesses is involved in a contract dispute, the experienced attorneys at Berkowitz Klein can mediate or litigate your case.

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Fraud: Warning Signs to Watch out for

Fraud can be succinctly defined as “a false representation of a matter… intended to deceive another.” Fraud is not the product of miscommunication, ignorance, or incompetence at work: fraud is the deliberate, premeditated transmission of false information from predator to unwitting prey. If your business has been damaged by fraud, contact the offices of Berkowitz Klein today to start setting things right. If your business is in the clear, keep it that way: be on the lookout for these common indicators of fraud.

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How to Improve Your Chances of Proving Material Breach

While most businesses take good care to abide by the contractual agreements that were approved at the outset a given deal, sometimes, contracts are broken. When they are, it can result in stress, anxiety, reputation damage, and significant revenue losses. In the interest of your bottom line, you may wish to pursue litigation for breach of contract — and if you do, your case will revolve heavily around proving what’s known as material breach.

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Why Some Partnerships are Especially Vulnerable to Lawsuits

When starting out on a business venture, no matter the size or industry involved, it’s critical to determine which type of structure that business is going to fall under. They all have their perks — and their pitfalls.

One of the key factors that business owners take into consideration when making this decision is the likelihood of future litigation — because when it comes to business defense, some structures offer less protection than others. Here’s why some partnerships are especially vulnerable to lawsuits.

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Contract Clauses: The Good, The Bad, and The Ugly

A contract is essentially nothing more than a long series of provisions detailing what can and must (or can’t and mustn’t) be done prior to, during, and/or after the conclusion of a business deal. Some provisions and clauses are standard operating procedure — phrases like “time of performance,” and “statute of limitations” appear again and again in contracts across dozens of industries. But every so often, less familiar provisions pop up — and they can range from the outrageously unfair to the plain bizarre.

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Mediation, Arbitration, or Litigation?

Litigation is far and away the most well-known form of legal dispute resolution. We know what lawyers and trials are from the time we are children, and reports of the latest lawsuits and class actions constantly leak from the television, radio, and internet. However, while litigation may prominent, it is not always the best option. Sometimes, it makes more sense to resort to mediation or arbitration to settle a legal issue.

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