BDG Law GroupLos Angeles Business Litigation Attorney | Construction Law, Real Estate2024-02-29T22:25:08Zhttps://www.bdgfirm.com/feed/atom/WordPressOn Behalf of Bergman Dacey Goldsmithhttps://www.bdgfirm.com/?p=509792024-02-29T22:25:08Z2024-02-29T22:25:08ZTip 1. Initiate conversation
Although it might seem counterintuitive, try to maintain open lines of communication. A frank chat could square away the situation. Ensure that all interactions are professional, and meticulously record them, as these discussions could be relevant in the future.
Tip 2. Review your agreement
Hopefully, you have a partnership agreement in place. Such documents outline how to handle intercompany conflicts. Review yours carefully to understand your rights and obligations under the circumstances. Beware that legalese is sometimes challenging to interpret.
Tip 3. Seek advice
Getting a second opinion from a trusted mentor or experienced business advisor can provide valuable perspective. These professionals will offer unbiased guidance on how to proceed and suggest strategies for resolving the feud amicably.
Tip 4. Consider mediation
Mediation involves a neutral third party to help both sides discuss their problems and reach a voluntary understanding. This path tends to be less adversarial and more cost-effective than going through a courtroom battle. While both parties must agree to mediation, it can lead to a mutually beneficial outcome.
Tip 5. Prepare for all eventualities
Finally, ready yourself for anything. Possibilities include dissolving the partnership or buying out the other person's share of the venture. Knowing the consequences of every choice will help you make wise decisions.
The prospect of facing down your former business partner in a legal setting is highly unpleasant. Fortunately, a savvy approach can speed up the process or even eliminate the need to go before a judge.]]>On Behalf of Bergman Dacey Goldsmithhttps://www.bdgfirm.com/?p=509282024-01-11T21:46:11Z2024-01-11T05:41:45Z
Brian Bergman: Eminent Domain, Business Litigation, Environmental Litigation, Real Estate
Greg Bergman: Eminent Domain, Business/Corporate, Construction Litigation, Environmental
Each year “Super Lawyers” recognizes lawyers in more than 70 practice areas who have shown professional achievement and peer recognition for their work. Their patented selection process involves a combination of independent research, peer nominations, and peer evaluations.
]]>On Behalf of Bergman Dacey Goldsmithhttps://www.bdgfirm.com/?p=509242024-01-02T15:17:37Z2024-01-02T15:17:37ZNot a valid defense
While NDAs do help maintain the confidentiality of sensitive business information, they may not offer an impenetrable defense in certain legal scenarios. It cannot help if a court legally compels a person to testify or share information. The individual's legal duty to provide truthful and relevant information may take precedence over the contractual obligations outlined in the NDA.
For example, it is not going to work to use an NDA to prevent an employee or former employee from testifying in court. If the judge orders the person to take the stand, this agreement will not stop that from happening.
Geography comes into play
Geographical considerations and jurisdictional differences further impact the enforceability of NDAs. Legal frameworks vary, and an NDA's efficacy may depend on its alignment with the relevant laws governing the jurisdiction where legal proceedings take place.
An NDA can be a great business tool. However, it is not always effective during a legal situation. Business owners have to understand the limitations. Legal requirements may supersede the agreement. An owner has to be aware of when an NDA may not stand up and adjust their approach accordingly.]]>On Behalf of Bergman Dacey Goldsmithhttps://www.bdgfirm.com/?p=509212023-12-20T15:45:39Z2023-12-20T15:45:39Z1. Data vulnerability and legal ramifications
When a business experiences a cybersecurity breach, it exposes customer information to unauthorized access. This can lead to identity theft, financial fraud and other malicious activities. In turn, affected customers may hold the business accountable for failing to protect their data. Laws and regulations require businesses to safeguard customer information. Failure to do so can result in legal consequences.
2. Breach of contract and customer trust
When customers engage with a business, they expect responsible handling of their information. A cybersecurity breach can erode trust and lead to a breach of contract claim. Customers may argue that the business failed to uphold its end of the agreement to protect their data, leading to potential lawsuits seeking damages for the breach of trust and contractual obligations.
3. Operational disruptions and financial losses
A cybersecurity breach can disrupt a business's operations, leading to financial losses. Customers affected by the breach may pursue legal action to recover financial damages incurred as a result of the disruption. This can include expenses related to identity theft protection, credit monitoring and other measures taken to mitigate the impact of the breach.
A recent report estimated that the average cost of a data breach for businesses was $4.45 million in 2023. On top of the costly damage the breach itself can cause, it may also open the doors for other litigation.]]>On Behalf of Bergman Dacey Goldsmithhttps://www.bdgfirm.com/?p=509182023-11-15T17:03:10Z2023-11-15T17:03:10Z1. Boundary disputes
Boundary disputes are among the most prevalent challenges faced by commercial property owners. These arise when there is uncertainty or disagreement about the exact location of property lines. This can lead to conflicts with neighboring property owners over land use, access rights or even the placement of structures. Resolving boundary disputes often requires a careful examination of property deeds, surveys and historical records.
2. Easement issues
Easements grant someone the right to use another person's land for a specific purpose, such as accessing a utility line or a shared driveway. Disputes may arise if the terms of the easement are not clearly defined or if there are changes in property ownership. Commercial property owners may find themselves entangled in conflicts over the extent of easement rights, maintenance responsibilities or modifications to existing easements.
3. Encroachments
Encroachments happen when an improvement or a structure on one property goes past its boundary and onto a neighboring property. This can happen unintentionally, such as constructing a building without accurate surveys or knowledge of property lines. Resolving encroachment issues may involve negotiations between property owners, potential adjustments to property lines, or even removal of the encroaching structure.
In conclusion, being aware of these types of title disputes is crucial for commercial property owners to navigate potential challenges successfully. In 2022, U.S. district courts saw a 3% increase in real property actions.]]>On Behalf of Bergman Dacey Goldsmithhttps://www.bdgfirm.com/?p=508992023-11-08T10:36:18Z2023-11-07T10:22:41ZLos Angeles & San Francisco Daily Journal’s “Top Boutiques” for 2023. Each year, the coveted list profiles California’s top law firms across a broad spectrum of practice areas. BDG, recognized in the areas of Real Estate, Business Litigation, and Employment Law, was selected based on its representation of clients— including Los Angeles County and Santa Clara Valley Transportation Authority — in highly contentious clashes over real estate, employment, and eminent domain issues.
In the firm’s profile, the Daily Journal highlights one recent, landmark win on behalf of L.A. County in an effort to use the eminent domain process to gain control of real estate in South L.A. for the development of affordable housing, a transit hub, and retail outlets. The case was the first of its kind after California’s closure of redevelopment agencies in 2012.
“No one was sure whether local governments could use eminent domain post-redevelopment for projects of this kind,” shareholder Brian Bergman explained to the Daily Journal. “We tested the theory and won.”
To view the firm’s full profile in the Daily Journal’s special issue, click here.]]>On Behalf of Bergman Dacey Goldsmithhttps://www.bdgfirm.com/?p=508932023-10-25T16:29:38Z2023-10-25T16:29:38ZUse
Restrictive covenants often dictate how a company can use its land. For example, a covenant may forbid mining or logging. When choosing a property, corporations must ensure that their intended use aligns with any covenants to avoid potential legal issues.
Value
Restrictive covenants also affect property values. For example, land situated in an industrial park with covenants that promote eco-friendly practices may command a higher market value due to various sustainability initiatives. Conversely, properties subject to covenants that restrict certain activities might have reduced value.
Development
Restrictive covenants might dictate the type of structures a company can erect. Land development of nonresidential property has already seen a revenue decrease of 5% in 2023, and covenant restrictions may further limit the opportunities to clear land for building.
Maintenance
Some legal agreements require strict maintenance schedules. Failing to meet these requirements can lead to fines, legal challenges and a decrease in the investment's value.
Expansion
Expanding operations on real property may require corporations to secure consent from relevant authorities. It is necessary to understand whether expansion aligns with existing covenants to avoid potential obstacles and conflicts during the expansion process.
Corporations should consider the long-term implications of restrictive covenants on their real property. These covenants can endure for many years, influencing the holding's value and usage for generations.]]>On Behalf of Bergman Dacey Goldsmithhttps://www.bdgfirm.com/?p=508782023-10-04T16:15:03Z2023-10-04T16:15:03ZClear contracts
There are over 33,000,000 small businesses in the U.S. and to operate seamlessly, all of them need to ensure that they have clear and detailed contracts when dealing with other companies and when hiring employees. All agreements should have precise details and outline expectations, responsibilities, dispute resolution mechanisms and payment terms. The court may throw it out if you do not have a legal contract.
Communication
When working with a business, clients or other professionals, you need transparent communication. Misunderstandings can cause serious conflict and result in fighting between companies. Encourage clear communication and address all concerns quickly. If you can, try to keep records of all interactions.
Employee training
If you have employees, they need to understand the company's policies, ethics and conflict resolution procedures. You should have a process set aside for addressing disputes internally. Encourage all employees to resolve issues internally, but make sure that you have openings available for external intervention.
To avoid any future conflicts with business partners or your employees, document all communication and keep a record of your agreements. Likewise, if you have a relationship where one party does not make good on his or her side of the deal, record for the sake of business dispute resolution.]]>On Behalf of Bergman Dacey Goldsmithhttps://www.bdgfirm.com/?p=508722023-09-28T15:22:37Z2023-09-28T15:22:37ZFailure to deliver goods or services
When one party fails to produce deliverables as specified in the contract, it constitutes a breach. This can happen due to various reasons, such as logistical issues, insufficient resources or unexpected setbacks during production or manufacturing processes.
Non-payment
Pay schedules are one of many important aspects included in contracts. Accordingly, failing to make payments as agreed upon is a common reason for breaches. This can happen when one party experiences financial difficulties, disputes the quality of the goods or services or simply refuses to pay.
Failure to meet deadlines
Deadlines offer assurances to businesses that they will receive goods or services in a timely manner. When one party does not meet pertinent deadlines, it can cause major disruptions and financial losses. Missed deadlines can stem from poor planning, unforeseen obstacles or a lack of resources.
Quality and performance issues
Contracts can also outline quality standards and performance expectations. If one party delivers subpar goods or services that do not meet the agreed-upon criteria, the other party may have legal recourse to formally address the breach.
Misrepresentation or fraud
Sometimes, one party may misrepresent facts or engage in fraudulent activities during contract negotiations. This can include providing false information, hiding important details or using deceptive tactics, all of which can lead to disputes between contract signatories.
As reported by the Small Business & Entrepreneurship Counsel, there are about 32.6 million businesses in the United States. These businesses use contracts to maintain standards and ensure efficient operations, so business owners must address breaches sufficiently to minimize possible fallout.]]>On Behalf of Bergman Dacey Goldsmithhttps://www.bdgfirm.com/?p=508702023-08-30T22:20:43Z2023-08-30T22:20:43ZWhat happens during mediation?
To take part in California's mediation program, contact all parties and agree to find a resolution through mediation. All parties must submit a Request for Mediation form to the Court of Appeal. Once the parties have a date for mediation set, they all meet in a conference room. Mediators will explain the process and rules and ensure all parties understand what to expect.
Next, both parties can tell their side of the story and highlight concerns while emphasizing their desired outcomes. Once the mediator hears both sides, he or she will identify the core issues and discuss potential solutions. When the parties reach an agreement, they put it in writing and create a binding contract.
What are the benefits of business mediation?
Your relationships with other companies can make or break your future. Mediation helps preserve relationships compared to courtroom battles that strain business relationships. Likewise, you have more control over the outcome. You and the other party take an active role in finding a solution rather than feeling forced into a resolution by a judge.
Business executives should have strategies to avoid business disputes. But, if a dispute becomes inevitable, the company should resolve it in the most efficient way possible. Mediation is among the most effective resolution methods.]]>