On courtroom TV shows, the case almost always turns on some dramatic game-changing “a-ha” moment during the trial. In real life, cases play out differently. The key to success often is something less TV drama-friendly. It could be a document request in pretrial discovery. It could be a question in a deposition. Or it could…
Continue reading ›When you enter into a commercial contract with a client, there may eventually arise a desire to replace that agreement, leading to the execution of a subsequent contract. If problems later arise between the two sides and you need to pursue a breach of contract claim, then it is essential to have an experienced Atlanta…
Continue reading ›When two sides negotiate and enter into a commercial contract, the law gives them very wide latitude in how they structure that deal and what terms they put into the final contract. The law does not, however, gives parties carte blanche in what they do; there are certain things that are out of bounds as…
Continue reading ›A recent ruling from the 11th Circuit Court of Appeals (whose decisions directly control federal cases in Georgia, Florida, and Alabama,) is a reminder that even the most seemingly perfunctory parts of an agreement, up to and including the definitions contained in the contract, can be crucial. Whether you’re negotiating a commercial agreement or seeking…
Continue reading ›When it becomes necessary to sue a supplier, a distributor, a designer, or another commercial contract partner, you probably have some general expectations. This includes facing vigorous opposition. So, you may wonder, what do you do if the entity you sued simply does… nothing? Fortunately, the law has a process for that but, like all…
Continue reading ›Sometimes, what you need from your commercial contract litigation action is an appropriate sum of money damages to compensate you for the harm you suffered before and during the litigation. Sometimes, though, no amount of money can compensate you for the harm someone’s misconduct is causing. When that happens, there’s another option for relief. It’s…
Continue reading ›When you’re negotiating a commercial contract, there are many things on which you may be focusing during that process. Most of them will probably relate to aspects of what will transpire during the life of the arrangement. What’s essential not to overlook, though, is also getting the best “out” options possible. A good termination clause…
Continue reading ›Your business likely includes various elements of highly industry-specific knowledge. That can present a challenge if you encounter a need to bring a breach of contract lawsuit, as one or both sides may require experts to help the court make sense of the technical issues. When that happens, it is essential to ensure that the…
Continue reading ›In the early days of the COVID-19 pandemic, shelter-in-place and other “lockdown” orders had many impacts, including impacts on the performance of commercial contracts. Once again, a commercial contract and COVID-19 are together in the news, although this time it has nothing to do with lockdown orders. Nevertheless, this latest development once again makes for…
Continue reading ›A character in a famous 1980s comedy film, at one point in the movie, looked at his friend and opined that “strange things are afoot.” Even if your business hasn’t come into contact with time-travelers from the future, that doesn’t mean that you may not face strange things from time to time, including peculiar legal…
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