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Category Archive: Business Litigation

  • Should I start a business during the divorce process?

    Posted on June 1, 2020 by Chris Kirker

    Before taking concrete steps towards starting a new business while divorce proceedings are underway, it is critical to understand the impact that divorce has on entity formation and ownership. Specifically, there are three factors that may help an individual considering a new business venture during a divorce: characterization, process, and the ex...

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  • How to Identify a Breach of Contract

    Posted on March 21, 2019 by Chris Kirker

    A breach of contract is simply the failure of one party to satisfy the requirements arising from a contract. A contract may be binding whether it is in writing or an oral agreement between the parties. However, not every breach will give rise to a cause of action. There are four elements a party must prove before she can bring a cause of action fo...

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  • What is a Fiduciary Duty and When Has It Been Breached?

    Posted on February 14, 2019 by Chris Kirker

    A fiduciary relationship creates an obligation to act in the best interest of another. The relationship can take on many forms, for example, a fiduciary relationship may be found between a group of board members and its shareholders, attorneys and their clients, or a trustee and trust beneficiaries. A fiduciary relationship may also be informal an...

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