An anticipatory breach occurs when one party to a contract explicitly indicates they will not fulfill their contractual obligations before the performance is due. This can happen in various ways, such as a direct refusal to perform, a clear statement of intent not to...
Businesses sometimes need to defend themselves in contract dispute lawsuits
Despite doing their due diligence before entering an agreement with clients, employees and partners, businesses can find themselves involved in a dispute from time to time. They may accuse you of a breach of contract and subsequently take it further by filing a...
When should you use a specific performance clause?
Contracts are the lifeblood of any practical business model. Companies use them to hold others and themselves accountable for every transaction or deal. Many will feature different clauses to address potential issues specific to the agreement, and one of those is a...
How to notify tenants of evictions, lease terminations and property sales
Different property owners will have various leases. They likely will vary by building or space. How the owner will inform tenants will likely be based on local and state regulations and conditions outlined in the agreement. It is important to remember that owners must...
Feds expand its investigation of non-competes to include business sales
President Joe Biden instructed the Federal Trade Commission (FTC) in 2021 to investigate non-compete clauses that are unfairly restrictive in not allowing workers to pursue the best employment opportunities or advance their careers. In 2022, he directed the FTC to...
Do companies need to announce they face litigation?
Federal securities law requires publicly held companies to release financial reports. If there is the possibility that a lawsuit will affect profit margins, the corporation should include this information in the report. It risks fines, penalties, sanctions, and the...
How courts may resolve a breach of contract
Contracts are the cornerstone of every binding business agreement. These agreements help to outline costs, deadlines, deliverables and other details. These commitments allow the business to move forward and commit to other contracts for generating income and providing...
Employers can lower their risk for wrongful termination suits
Businesses enjoy many benefits through Texas’s use of employment at will policy. This means that (absent of an agreement or statute that outlines terms and conditions of the employment), either the employer or the employee can legally terminate the business...
Did someone violate their fiduciary duty?
Someone's fiduciary duty is as wide-ranging as their job description. Nevertheless, violating that duty can lead to severe consequences. Generally, it involves a legal or financial situation where an individual or business has a professional obligation to support the...
Can a business or individual sue a partner for abandonment?
Business partnerships usually start with a sense of optimism. Unfortunately, not all partnerships are meant to be. When one partner leaves before the other is ready to shut it down, it can lead to more anger and frustration. This type of split can lead the abandoned...