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<?xml version="1.0" encoding="UTF-8"?><rss version="2.0" xmlns:content="http://purl.org/rss/1.0/modules/content/" xmlns:wfw="http://wellformedweb.org/CommentAPI/" xmlns:dc="http://purl.org/dc/elements/1.1/" xmlns:atom="http://www.w3.org/2005/Atom" xmlns:sy="http://purl.org/rss/1.0/modules/syndication/" xmlns:slash="http://purl.org/rss/1.0/modules/slash/" > <channel> <title>Weinberger Law – Phoenix Contract Lawyers Scottsdale Real Estate Lawyers</title> <atom:link href="https://www.weinbergerlawaz.com/feed/" rel="self" type="application/rss+xml" /> <link>https://www.weinbergerlawaz.com/</link> <description>Arizona Contract Attorneys, Corporate Attorneys in Phoenix, Employment Law Attorneys</description> <lastBuildDate>Fri, 28 Jul 2023 10:20:01 +0000</lastBuildDate> <language>en-US</language> <sy:updatePeriod> hourly </sy:updatePeriod> <sy:updateFrequency> 1 </sy:updateFrequency> <generator>https://wordpress.org/?v=6.5.2</generator> <image> <url>https://www.weinbergerlawaz.com/wp-content/uploads/2023/04/cropped-logo-weinberger-32x32.png</url> <title>Weinberger Law – Phoenix Contract Lawyers Scottsdale Real Estate Lawyers</title> <link>https://www.weinbergerlawaz.com/</link> <width>32</width> <height>32</height></image> <item> <title>What should you do in case of a partnership or member dispute?</title> <link>https://www.weinbergerlawaz.com/blog/what-should-you-do-in-case-of-a-partnership-or-member-dispute/</link> <comments>https://www.weinbergerlawaz.com/blog/what-should-you-do-in-case-of-a-partnership-or-member-dispute/#respond</comments> <dc:creator><![CDATA[]]></dc:creator> <pubDate>Thu, 27 Jul 2023 09:10:04 +0000</pubDate> <category><![CDATA[Blog]]></category> <guid isPermaLink="false">https://weinbergerlawaz.com/?p=1634</guid> <description><![CDATA[<p>A business partnership or limited liability company is a go-to for many entrepreneurs or experienced business owners. They say, “Two heads are better than one” and are not wrong. More people mean more resources, knowledge, experience, and ideas. But what happens when not everybody agrees to the same ideas? That is when disputes arise. Common …</p><p class="read-more"> <a class="" href="https://www.weinbergerlawaz.com/blog/what-should-you-do-in-case-of-a-partnership-or-member-dispute/"> <span class="screen-reader-text">What should you do in case of a partnership or member dispute?</span> Read More »</a></p><p>The post <a href="https://www.weinbergerlawaz.com/blog/what-should-you-do-in-case-of-a-partnership-or-member-dispute/">What should you do in case of a partnership or member dispute?</a> appeared first on <a href="https://www.weinbergerlawaz.com">Weinberger Law - Phoenix Contract Lawyers Scottsdale Real Estate Lawyers</a>.</p>]]></description> <content:encoded><![CDATA[<p><span style="font-weight: 400;">A business partnership or limited liability company is a go-to for many entrepreneurs or experienced business owners. They say, “Two heads are better than one” and are not wrong. More people mean more resources, knowledge, experience, and ideas. But what happens when not everybody agrees to the same ideas? That is when disputes arise.</span></p><h2><b>Common sources of partnership disputes</b></h2><h3><b>Breach of fiduciary duties</b></h3><p><span style="font-weight: 400;">Breach of fiduciary duty occurs when a party is responsible for acting in the interests of another but fails to do so or does so dishonestly. An example would be if a manager of an LLC diverts business opportunities belonging to the LCC to another company from which they profit. </span></p><p><span style="font-weight: 400;">Some common cases of a breach of fiduciary duty are:</span></p><ul><li><span style="font-weight: 400;"> </span><span style="font-weight: 400;">Misappropriating company funds or assets;</span></li><li><span style="font-weight: 400;"> </span><span style="font-weight: 400;">Dishonesty in dealing with other partners or members;</span></li><li><span style="font-weight: 400;"> </span><span style="font-weight: 400;">Taking a business opportunity away from the partnership or LLC for their own benefit.</span></li><li><span style="font-weight: 400;"> </span><span style="font-weight: 400;">Competing with the company.</span></li></ul><h3><b>Disagreement over the future of the company</b></h3><p><span style="font-weight: 400;">When partners have different visions for the company, they might fail to work together efficiently. If this happens too often, tension may rise, and conflict is imminent.</span></p><h3><b>A Bad Way to Start a Business</b></h3><p><span style="font-weight: 400;">Merely shaking hands on an agreement with other owners of the company is the most risky way of starting a business. Oral agreements of this type invite litigation later on if a dispute between the owners should arise. A well-written partnership or operating agreement reduces the areas of potential conflict and ultimately the expense that will be involved in resolving disputes. </span></p><p><b>A Partnership or Operating Agreement</b></p><p><span style="font-weight: 400;">A business partnership or operating agreement is a legal document that outlines the rights and obligations of the partners or members of the business. It can be considered “the bible” for the company, spelling out precisely what will happen if various issues arise. The agreement is signed by two or more parties who decide to carry on business with a view to profit. This document generally outlines:</span></p><ul><li><span style="font-weight: 400;"> </span><span style="font-weight: 400;">Each individual’s ’ responsibilities and obligations;</span></li><li><span style="font-weight: 400;"> </span><span style="font-weight: 400;">Decision-making authority;</span></li><li><span style="font-weight: 400;"> </span><span style="font-weight: 400;">Capital contributions and distributions;</span></li><li><span style="font-weight: 400;"> </span><span style="font-weight: 400;">Disposition of business property;</span></li><li><span style="font-weight: 400;"> </span><span style="font-weight: 400;">Each individual’s ownership interest</span></li></ul><p><span style="font-weight: 400;">A properly written partnership or operating agreement should also contain a</span><b> dispute resolution clause</b><span style="font-weight: 400;">. This is your saving grace, as it avoids deadlocks that can harm the company and spell out the procedure for resolving disputes that might otherwise bring your business to a grinding halt. A dispute resolution clause will also spell out whether mediation is required before anyone can go to court, and whether legal actions between the parties need to be submitted to arbitration in lieu of taking a case to court. A mediator does not decide who wins and who loses. He or she merely acts as a neutral party in attempting to bring the parties together on a compromise that does not include taking legal action.</span></p><p><span style="font-weight: 400;">Nowadays, courts encourage parties to try to resolve disputes without involving going to court. There are statutes, for example, that require the losing party in a contract case to pay the winning party’s attorney’s fees. This acts as a disincentive for a party to file a lawsuit for fear that they may be held liable for the other party’s attorneys fees should they lose.</span></p><p><b>Using an Attorney to Draft the Agreement</b></p><p><span style="font-weight: 400;">Whatever you do, never take a partnership agreement or operating agreement off the internet and try to adapt it to your business. Generic documents, such as those you may find even on legal document websites, are not tailored to your particular business’s needs. Different states have different laws that apply to partnerships and LLCs. Documents that you pull from the internet are not likely to be state-specific, and even if they are, they will not comprehensively address all of the issues that are germane to your particular business. The only way to ensure that the governing document for your business meets your business’s needs is to sit down with an attorney, cover all of the issues that are of importance to you and your partners, and then have the attorney draft up a document that is tailored to exactly what you need.</span></p><p><span style="font-weight: 400;">Partnership and LLC disputes can be complex and challenging. If you are facing a partnership or LLC dispute, call (480) 536-9991 or fill out our contact form and talk to an Arizona business attorney, so you can begin discussing your needs.</span></p><p>The post <a href="https://www.weinbergerlawaz.com/blog/what-should-you-do-in-case-of-a-partnership-or-member-dispute/">What should you do in case of a partnership or member dispute?</a> appeared first on <a href="https://www.weinbergerlawaz.com">Weinberger Law - Phoenix Contract Lawyers Scottsdale Real Estate Lawyers</a>.</p>]]></content:encoded> <wfw:commentRss>https://www.weinbergerlawaz.com/blog/what-should-you-do-in-case-of-a-partnership-or-member-dispute/feed/</wfw:commentRss> <slash:comments>0</slash:comments> </item> <item> <title>Phoenix Law Firm by Weinberger Law</title> <link>https://www.weinbergerlawaz.com/blog/phoenix-law-firm-offers-creative-and-affordable-option-for-business-legal-services-in-2023/</link> <comments>https://www.weinbergerlawaz.com/blog/phoenix-law-firm-offers-creative-and-affordable-option-for-business-legal-services-in-2023/#respond</comments> <dc:creator><![CDATA[]]></dc:creator> <pubDate>Tue, 21 Mar 2023 19:22:33 +0000</pubDate> <category><![CDATA[Blog]]></category> <category><![CDATA[Affordable Business Legal Services in Phoenix]]></category> <category><![CDATA[business fraud]]></category> <category><![CDATA[business mediation]]></category> <category><![CDATA[Competition]]></category> <category><![CDATA[contract issues legal advise]]></category> <category><![CDATA[Contract Lawyers Phoenix]]></category> <category><![CDATA[intellectual property attorneys]]></category> <category><![CDATA[Mediation Attorneys]]></category> <category><![CDATA[Mediation Lawyers]]></category> <category><![CDATA[Mediation Lawyers Phoenix]]></category> <category><![CDATA[Noncompete and Anti-Piracy Agreements]]></category> <category><![CDATA[Noncompete and Anti-Piracy Agreements Phoenix]]></category> <category><![CDATA[Noncompete and Anti-Piracy Agreements Scottsdale]]></category> <category><![CDATA[phoenix anti trust attorneys]]></category> <category><![CDATA[phoenix anti trust lawyers]]></category> <category><![CDATA[phoenix business fraud attorneys]]></category> <category><![CDATA[Phoenix Contract Attorneys]]></category> <category><![CDATA[Phoenix Contract Lawyers]]></category> <category><![CDATA[Phoenix Real Estate Attorneys]]></category> <category><![CDATA[Phoenix Real Estate Lawyers]]></category> <category><![CDATA[real estate law]]></category> <category><![CDATA[Scottsdale business fraud lawyers]]></category> <category><![CDATA[Scottsdale Contract Attorneys]]></category> <category><![CDATA[Scottsdale Contract Lawyer]]></category> <category><![CDATA[Scottsdale Contract Lawyers]]></category> <category><![CDATA[Scottsdale Real Estate Attorneys]]></category> <category><![CDATA[Scottsdale Real Estate Lawyer]]></category> <category><![CDATA[Scottsdale Real Estate Lawyers]]></category> <category><![CDATA[trademark infringement]]></category> <category><![CDATA[Unfair Competition Arizona]]></category> <guid isPermaLink="false">https://weinbergerlawaz.com/?p=1530</guid> <description><![CDATA[<p>Phoenix Law Firm Offers Creative and Affordable Option for Business Legal Services in 2023   Looking for an affordable Phoenix Law Firm Offers Creative and Affordable Option for Business Legal Services in 2023? The corporate law and contract law lawyers at Weinberger Law offers professionals to effectively operate to help local business with expert legal …</p><p class="read-more"> <a class="" href="https://www.weinbergerlawaz.com/blog/phoenix-law-firm-offers-creative-and-affordable-option-for-business-legal-services-in-2023/"> <span class="screen-reader-text">Phoenix Law Firm by Weinberger Law</span> Read More »</a></p><p>The post <a href="https://www.weinbergerlawaz.com/blog/phoenix-law-firm-offers-creative-and-affordable-option-for-business-legal-services-in-2023/">Phoenix Law Firm by Weinberger Law</a> appeared first on <a href="https://www.weinbergerlawaz.com">Weinberger Law - Phoenix Contract Lawyers Scottsdale Real Estate Lawyers</a>.</p>]]></description> <content:encoded><![CDATA[<h2>Phoenix Law Firm Offers Creative and Affordable Option for Business Legal Services in 2023</h2><p> </p><p><img fetchpriority="high" decoding="async" class="alignright wp-image-1215 size-full" src="https://www.weinbergerlawaz.com/wp-content/uploads/2023/01/200000076-2.jpg" alt="Phoenix Law Firm Offers Creative and Affordable Option for Business Legal Services in 2023" width="300" height="200" />Looking for an affordable Phoenix Law Firm Offers Creative and Affordable Option for Business Legal Services in 2023? The <a href="https://en.wikipedia.org/wiki/Corporate_lawyer">corporate law</a> and contract law lawyers at Weinberger Law offers professionals to effectively operate to help local business with expert legal advise. A good business team includes ready access to legal counsel. For those businesses that can afford to do so, an in-house general counsel is often the answer. However, this solution is not feasible for most small companies. This includes, especially start-ups, who may often take unwise legal risks or gambles solely to avoid expensive legal fees that would squeeze their budgets. <a href="https://www.weinbergerlawaz.com/contact/">Learn more</a></p><p> </p><h3>Local Phoenix Business Law Firm</h3><p>One local law firm has decided to do something to help small and medium-sized businesses. Are you in a precarious predicament? Weinberger Law, can help provide you with the convenience and availability of an in-house general counsel without the high costs. The service is called <em>‘Fractional General Counsel’</em>.</p><p> </p><h3>Legal first responders</h3><p>“Our goal is to be legal first responders when our clients encounter legal issues,” said Brian Weinberger, of Weinberger Law. “Many business owners either find themselves calling attorneys frequently and paying expensive hourly rates, or they avoid calling an attorney altogether for fear of what the cost will be.</p><p> </p><h3>Utilizing legal services</h3><p>Our goal is to take companies out of the position of having to make all-or-nothing decisions when it comes to utilizing legal services. decisions that can turn cavities into root canals – and to provide skilled legal counsel who is fully versed in the intricacies of the particular type of business which we serve. Like skilled first responders in our communities, we take the first call and initiate a measured response in real time, as legal issues arise.”</p><p><em>Fractional General Counsel</em> is not a one-size-fits-all program. The program offers a flexible fee structure and flat monthly fees that are tailored to each client’s particular business and needs – This is why it works, when other similar programs fail.</p><p> </p><p><strong>About Weinberger Law:</strong></p><p><a href="https://www.weinbergerlawaz.com/">Weinberger Law</a> (<a href="https://www.weinbergerlawaz.com/">https://www.weinbergerlawaz.com/</a>) is a strong, business-focused law firm that gets results through innovative solutions, integrity, and an unwavering commitment to our clients’ concerns. Located in Scottsdale, Arizona, the firm serves individuals and small to large businesses throughout the country needing representation in the state of Arizona.</p><p>Company Contact:</p><p>Brian Weinberger<br /><a href="mailto:Brian@weinbergerlawaz.com">Brian@weinbergerlawaz.com</a><br />480-536-9991<br /><a href="https://www.weinbergerlawaz.com/">https://www.weinbergerlawaz.com/</a></p><p>The post <a href="https://www.weinbergerlawaz.com/blog/phoenix-law-firm-offers-creative-and-affordable-option-for-business-legal-services-in-2023/">Phoenix Law Firm by Weinberger Law</a> appeared first on <a href="https://www.weinbergerlawaz.com">Weinberger Law - Phoenix Contract Lawyers Scottsdale Real Estate Lawyers</a>.</p>]]></content:encoded> <wfw:commentRss>https://www.weinbergerlawaz.com/blog/phoenix-law-firm-offers-creative-and-affordable-option-for-business-legal-services-in-2023/feed/</wfw:commentRss> <slash:comments>0</slash:comments> </item> <item> <title>Operating Agreements and Shareholder Agreements</title> <link>https://www.weinbergerlawaz.com/news/operating-agreements-and-shareholder-agreements/</link> <comments>https://www.weinbergerlawaz.com/news/operating-agreements-and-shareholder-agreements/#respond</comments> <dc:creator><![CDATA[]]></dc:creator> <pubDate>Wed, 22 Feb 2023 17:19:12 +0000</pubDate> <category><![CDATA[News]]></category> <category><![CDATA[business fraud]]></category> <category><![CDATA[business mediation]]></category> <category><![CDATA[Competition]]></category> <category><![CDATA[contract issues legal advise]]></category> <category><![CDATA[Contract Lawyers Phoenix]]></category> <category><![CDATA[intellectual property attorneys]]></category> <category><![CDATA[Mediation Attorneys]]></category> <category><![CDATA[Mediation Lawyers]]></category> <category><![CDATA[Mediation Lawyers Phoenix]]></category> <category><![CDATA[Noncompete and Anti-Piracy Agreements]]></category> <category><![CDATA[Noncompete and Anti-Piracy Agreements Phoenix]]></category> <category><![CDATA[Noncompete and Anti-Piracy Agreements Scottsdale]]></category> <category><![CDATA[Operating Agreements and Shareholder Agreements]]></category> <category><![CDATA[phoenix anti trust attorneys]]></category> <category><![CDATA[phoenix anti trust lawyers]]></category> <category><![CDATA[phoenix business fraud attorneys]]></category> <category><![CDATA[Phoenix Contract Attorneys]]></category> <category><![CDATA[Phoenix Contract Lawyers]]></category> <category><![CDATA[Phoenix Real Estate Attorneys]]></category> <category><![CDATA[Phoenix Real Estate Lawyers]]></category> <category><![CDATA[real estate law]]></category> <category><![CDATA[Scottsdale business fraud lawyers]]></category> <category><![CDATA[Scottsdale Contract Attorneys]]></category> <category><![CDATA[Scottsdale Contract Lawyer]]></category> <category><![CDATA[Scottsdale Contract Lawyers]]></category> <category><![CDATA[Scottsdale Real Estate Attorneys]]></category> <category><![CDATA[Scottsdale Real Estate Lawyer]]></category> <category><![CDATA[Scottsdale Real Estate Lawyers]]></category> <category><![CDATA[trademark infringement]]></category> <category><![CDATA[Unfair Competition Arizona]]></category> <guid isPermaLink="false">https://weinbergerlawaz.com/?p=1218</guid> <description><![CDATA[<p>An operating agreement is a document that describes the rights and obligations of each member of a Limited Liability Company (LLC), defines who is authorized to take what actions, and identifies the managers of the company – the person, or persons, responsible for conducting the day-to-day affairs of the LLC. An operating agreement should contain …</p><p class="read-more"> <a class="" href="https://www.weinbergerlawaz.com/news/operating-agreements-and-shareholder-agreements/"> <span class="screen-reader-text">Operating Agreements and Shareholder Agreements</span> Read More »</a></p><p>The post <a href="https://www.weinbergerlawaz.com/news/operating-agreements-and-shareholder-agreements/">Operating Agreements and Shareholder Agreements</a> appeared first on <a href="https://www.weinbergerlawaz.com">Weinberger Law - Phoenix Contract Lawyers Scottsdale Real Estate Lawyers</a>.</p>]]></description> <content:encoded><![CDATA[<h2>An operating agreement is a document that describes the rights and obligations of each member of a <a href="https://en.wikipedia.org/wiki/Limited_liability_company">Limited Liability Company (LLC)</a>, defines who is authorized to take what actions, and identifies the managers of the company – the person, or persons, responsible for conducting the day-to-day affairs of the LLC.</h2><p>An operating agreement should contain terms that limit the authority of the manager to take certain actions, and require unanimous or close to unanimous consent before certain actions may be taken. A well-drafted operating agreement will also contain dispute resolution procedures, allowing for disputes to be resolved expeditiously and inexpensively; buy-out provisions that define when and how a member can be removed, and how their share of the company will be valued in the event of their departure should be included as well.</p><p> </p><p>A shareholder agreement is the same kind of document as an operating agreement, only it applies to corporations as opposed to limited liability companies. Rather than identify members and managers, a shareholder agreement identifies the shareholders, officers, and directors of the corporation. A well-drafted shareholder agreement will also spell out the rights and obligations of officers and directors, the duties of and limitations on the authority of the Board of Directors, how meetings can be called and held, and buy-out provisions for a departing shareholder.</p><p>Crafting an appropriate agreement starts with collaboration among the owners on which issues they wish to see covered in their agreement, followed by a meeting between the owners and counsel for the company, then drafts of the document circulated among the owners until final revisions are settled upon. The most important aspect of the agreement is that it be tailored to your particular company’s needs. There is no such thing as a form agreement that will work for all companies and situations.</p><p> </p><h2>Do you need an operating agreement or shareholder agreement in order to run your company?</h2><p> </p><p>It depends. If your company is owned and operated solely by one person, then there may be little need for a formal agreement. However, if your company is owned and operated by more than one person, then it is highly advisable that your company have such an agreement. The reason why is because operating agreements and shareholder agreements reduce the opportunity for conflict, and significantly reduce legal and other costs if a dispute between arises.</p><p>Few things can be more devastating to a company than conflict between owners, especially if the conflict spills into court. An operating agreement or shareholder agreement reduces the number of things to fight over. If the agreement is well written and tailored to your company, then it will provide the answer to several types of issues and disputes that can arise. The agreement also provides a clear road map for a judge or arbitrator as to what the parties intended when they organized the business.</p><p> </p><p>When there is no written agreement that can be consulted, people can, will, and do make up all type of stories about what the parties had intended and agreed upon. This leads to protracted and costly legal disputes which are difficult to predict. On the other hand, when you have a well-drafted document that clearly spells out the parties’ agreements in black and white, the opportunities for significant conflict is reduced, which means costs are reduced, and owners are incentivized to think long and hard before they take positions that are contrary to the written document.</p><p>If you think you might need an Operating Agreement or Shareholder Agreement or you are involved in a dispute over one, <a href="https://www.weinbergerlawaz.com/contact">contact</a> with us or call us at 480-536-9991. We will conduct a thorough review of your situation and recommend the best course of action.</p><p> </p><h2>About Weinberger Law</h2><p><a href="https://www.weinbergerlawaz.com/">Weinberger Law</a> is the firm you want when you need powerful warriors on your side. We are strong, business-focused attorneys that get results through innovative solutions, integrity, and an unwavering commitment to our clients’ concerns.</p><p>Our superior quality work, based on decades of successful experience, gives you large firm caliber representation with the responsiveness, agility, personalization, and fee structure of a smaller boutique law firm.</p><p>The post <a href="https://www.weinbergerlawaz.com/news/operating-agreements-and-shareholder-agreements/">Operating Agreements and Shareholder Agreements</a> appeared first on <a href="https://www.weinbergerlawaz.com">Weinberger Law - Phoenix Contract Lawyers Scottsdale Real Estate Lawyers</a>.</p>]]></content:encoded> <wfw:commentRss>https://www.weinbergerlawaz.com/news/operating-agreements-and-shareholder-agreements/feed/</wfw:commentRss> <slash:comments>0</slash:comments> </item> <item> <title>Scottsdale Law Firm by Weinberger Law</title> <link>https://www.weinbergerlawaz.com/blog/scottsdale-law-firm-by-weinberger-law/</link> <comments>https://www.weinbergerlawaz.com/blog/scottsdale-law-firm-by-weinberger-law/#respond</comments> <dc:creator><![CDATA[]]></dc:creator> <pubDate>Sat, 04 Feb 2023 12:01:26 +0000</pubDate> <category><![CDATA[Blog]]></category> <category><![CDATA[Affordable Business Legal Services in Phoenix]]></category> <category><![CDATA[business fraud]]></category> <category><![CDATA[business mediation]]></category> <category><![CDATA[Competition]]></category> <category><![CDATA[contract issues legal advise]]></category> <category><![CDATA[Contract Lawyers Phoenix]]></category> <category><![CDATA[intellectual property attorneys]]></category> <category><![CDATA[Mediation Attorneys]]></category> <category><![CDATA[Mediation Lawyers]]></category> <category><![CDATA[Mediation Lawyers Phoenix]]></category> <category><![CDATA[Noncompete and Anti-Piracy Agreements]]></category> <category><![CDATA[Noncompete and Anti-Piracy Agreements Phoenix]]></category> <category><![CDATA[Noncompete and Anti-Piracy Agreements Scottsdale]]></category> <category><![CDATA[phoenix anti trust attorneys]]></category> <category><![CDATA[phoenix anti trust lawyers]]></category> <category><![CDATA[phoenix business fraud attorneys]]></category> <category><![CDATA[Phoenix Contract Attorneys]]></category> <category><![CDATA[Phoenix Contract Lawyers]]></category> <category><![CDATA[Phoenix Real Estate Attorneys]]></category> <category><![CDATA[Phoenix Real Estate Lawyers]]></category> <category><![CDATA[real estate law]]></category> <category><![CDATA[Scottsdale business fraud lawyers]]></category> <category><![CDATA[Scottsdale Contract Attorneys]]></category> <category><![CDATA[Scottsdale Contract Lawyer]]></category> <category><![CDATA[Scottsdale Contract Lawyers]]></category> <category><![CDATA[Scottsdale Real Estate Attorneys]]></category> <category><![CDATA[Scottsdale Real Estate Lawyer]]></category> <category><![CDATA[Scottsdale Real Estate Lawyers]]></category> <category><![CDATA[trademark infringement]]></category> <category><![CDATA[Unfair Competition Arizona]]></category> <guid isPermaLink="false">https://weinbergerlawaz.com/?p=1577</guid> <description><![CDATA[<p>Scottsdale Law Firm by Weinberger Law Offers Creative and Affordable Option for Business Legal Services in 2023   Looking for an affordable Phoenix Law Firm Offers Creative and Affordable Option for Business Legal Services in 2023? The corporate law and contract law lawyers at Weinberger Law offers professionals to effectively operate to help local business …</p><p class="read-more"> <a class="" href="https://www.weinbergerlawaz.com/blog/scottsdale-law-firm-by-weinberger-law/"> <span class="screen-reader-text">Scottsdale Law Firm by Weinberger Law</span> Read More »</a></p><p>The post <a href="https://www.weinbergerlawaz.com/blog/scottsdale-law-firm-by-weinberger-law/">Scottsdale Law Firm by Weinberger Law</a> appeared first on <a href="https://www.weinbergerlawaz.com">Weinberger Law - Phoenix Contract Lawyers Scottsdale Real Estate Lawyers</a>.</p>]]></description> <content:encoded><![CDATA[<h2></h2><h2>Scottsdale Law Firm by Weinberger Law Offers Creative and Affordable Option for Business Legal Services in 2023</h2><p> </p><p><img decoding="async" class="alignright wp-image-1215 size-full" src="https://www.weinbergerlawaz.com/wp-content/uploads/2023/01/200000076-2.jpg" alt="Scottsdale Law Firm by Weinberger Law" width="300" height="200" />Looking for an affordable Phoenix Law Firm Offers Creative and Affordable Option for Business Legal Services in 2023? The <a href="https://en.wikipedia.org/wiki/Corporate_lawyer">corporate law</a> and contract law lawyers at Weinberger Law offers professionals to effectively operate to help local business with expert legal advise. A good business team includes ready access to legal counsel. For those businesses that can afford to do so, an in-house general counsel is often the answer. However, this solution is not feasible for most small companies. This includes, especially start-ups, who may often take unwise legal risks or gambles solely to avoid expensive legal fees that would squeeze their budgets. <a href="https://www.weinbergerlawaz.com/contact/">Learn more</a></p><p> </p><h3>Local Phoenix Business Law Firm</h3><p>One local law firm has decided to do something to help small and medium-sized businesses. Are you in a precarious predicament? Weinberger Law, can help provide you with the convenience and availability of an in-house general counsel without the high costs. The service is called <em>‘Fractional General Counsel’</em>.</p><p> </p><h3>Legal first responders</h3><p>“Our goal is to be legal first responders when our clients encounter legal issues,” said Brian Weinberger, of Weinberger Law. “Many business owners either find themselves calling attorneys frequently and paying expensive hourly rates, or they avoid calling an attorney altogether for fear of what the cost will be.</p><p> </p><h3>Utilizing legal services</h3><p>Our goal is to take companies out of the position of having to make all-or-nothing decisions when it comes to utilizing legal services. decisions that can turn cavities into root canals – and to provide skilled legal counsel who is fully versed in the intricacies of the particular type of business which we serve. Like skilled first responders in our communities, we take the first call and initiate a measured response in real time, as legal issues arise.”</p><p><em>Fractional General Counsel</em> is not a one-size-fits-all program. The program offers a flexible fee structure and flat monthly fees that are tailored to each client’s particular business and needs – This is why it works, when other similar programs fail.</p><p> </p><p><strong>About Weinberger Law:</strong></p><p><a href="https://www.weinbergerlawaz.com/">Weinberger Law</a> (<a href="https://www.weinbergerlawaz.com/">https://www.weinbergerlawaz.com/</a>) is a strong, business-focused law firm that gets results through innovative solutions, integrity, and an unwavering commitment to our clients’ concerns. Located in Scottsdale, Arizona, the firm serves individuals and small to large businesses throughout the country needing representation in the state of Arizona.</p><p>Company Contact:</p><p>Brian Weinberger<br /><a href="mailto:Brian@weinbergerlawaz.com">Brian@weinbergerlawaz.com</a><br />480-536-9991<br /><a href="https://www.weinbergerlawaz.com/">https://www.weinbergerlawaz.com/</a></p><p>The post <a href="https://www.weinbergerlawaz.com/blog/scottsdale-law-firm-by-weinberger-law/">Scottsdale Law Firm by Weinberger Law</a> appeared first on <a href="https://www.weinbergerlawaz.com">Weinberger Law - Phoenix Contract Lawyers Scottsdale Real Estate Lawyers</a>.</p>]]></content:encoded> <wfw:commentRss>https://www.weinbergerlawaz.com/blog/scottsdale-law-firm-by-weinberger-law/feed/</wfw:commentRss> <slash:comments>0</slash:comments> </item> <item> <title>I Have Been Served with a Lawsuit – What do I do Now?</title> <link>https://www.weinbergerlawaz.com/blog/i-have-been-served-with-a-lawsuit-what-do-i-do-now/</link> <comments>https://www.weinbergerlawaz.com/blog/i-have-been-served-with-a-lawsuit-what-do-i-do-now/#respond</comments> <dc:creator><![CDATA[]]></dc:creator> <pubDate>Sun, 22 Jan 2023 17:36:19 +0000</pubDate> <category><![CDATA[Blog]]></category> <category><![CDATA[Been served with a law suite]]></category> <category><![CDATA[business fraud]]></category> <category><![CDATA[business mediation]]></category> <category><![CDATA[Competition]]></category> <category><![CDATA[contract issues legal advise]]></category> <category><![CDATA[Contract Lawyers Phoenix]]></category> <category><![CDATA[intellectual property attorneys]]></category> <category><![CDATA[Mediation Attorneys]]></category> <category><![CDATA[Mediation Lawyers]]></category> <category><![CDATA[Mediation Lawyers Phoenix]]></category> <category><![CDATA[Noncompete and Anti-Piracy Agreements]]></category> <category><![CDATA[Noncompete and Anti-Piracy Agreements Phoenix]]></category> <category><![CDATA[Noncompete and Anti-Piracy Agreements Scottsdale]]></category> <category><![CDATA[phoenix anti trust attorneys]]></category> <category><![CDATA[phoenix anti trust lawyers]]></category> <category><![CDATA[phoenix business fraud attorneys]]></category> <category><![CDATA[Phoenix Contract Attorneys]]></category> <category><![CDATA[Phoenix Contract Lawyers]]></category> <category><![CDATA[Phoenix Real Estate Attorneys]]></category> <category><![CDATA[Phoenix Real Estate Lawyers]]></category> <category><![CDATA[real estate law]]></category> <category><![CDATA[Scottsdale business fraud lawyers]]></category> <category><![CDATA[Scottsdale Contract Attorneys]]></category> <category><![CDATA[Scottsdale Contract Lawyer]]></category> <category><![CDATA[Scottsdale Contract Lawyers]]></category> <category><![CDATA[Scottsdale Real Estate Attorneys]]></category> <category><![CDATA[Scottsdale Real Estate Lawyer]]></category> <category><![CDATA[Scottsdale Real Estate Lawyers]]></category> <category><![CDATA[trademark infringement]]></category> <category><![CDATA[Unfair Competition Arizona]]></category> <guid isPermaLink="false">https://weinbergerlawaz.com/?p=1224</guid> <description><![CDATA[<p>Being served with a lawsuit is a jarring experience, especially if you have not been involved in litigation before. Maybe you were expecting the lawsuit, maybe you were not, but in either case, the experience can be very intimidating and make you feel as though you are on your heels i.e., on the defensive before …</p><p class="read-more"> <a class="" href="https://www.weinbergerlawaz.com/blog/i-have-been-served-with-a-lawsuit-what-do-i-do-now/"> <span class="screen-reader-text">I Have Been Served with a Lawsuit – What do I do Now?</span> Read More »</a></p><p>The post <a href="https://www.weinbergerlawaz.com/blog/i-have-been-served-with-a-lawsuit-what-do-i-do-now/">I Have Been Served with a Lawsuit – What do I do Now?</a> appeared first on <a href="https://www.weinbergerlawaz.com">Weinberger Law - Phoenix Contract Lawyers Scottsdale Real Estate Lawyers</a>.</p>]]></description> <content:encoded><![CDATA[<p>Being served with a lawsuit is a jarring experience, especially if you have not been involved in litigation before. Maybe you were expecting the lawsuit, maybe you were not, but in either case, the experience can be very intimidating and make you feel as though you are on your heels i.e., on the defensive before the lawsuit even gets going. When you have been served with a lawsuit, there are definitive steps that you can and should take right away to even the playing field quickly and protect your rights.</p><p> </p><h2>What do I do first?</h2><p>First and foremost, read through the lawsuit, take note of important dates throughout the paperwork, and we recommend you find legal counsel that specializes in the area of law the case is regarding as soon as possible. Whatever you do… do not ignore the lawsuit, put it under a stack of papers, or think it can be resolved in other ways (especially without the advice of an attorney). You must act expeditiously!</p><p>Once you are served, the clock starts ticking on certain deadlines. The first deadline is the date by which you must file an answer to the complaint. A response from you will be due usually either 20 days from the date you were served (for in-state service) or 30 days from the date you were served (for out-of-state service).</p><p>If you do not file an answer to the complaint on time, then whomever filed the lawsuit (the plaintiff) will likely ask the court to enter a default judgment against you. When you don’t respond to a party’s allegations, your failure to do so is treated by the court as an admission that the allegations are true. If a default judgment is entered against you for money, then the plaintiff can begin to collect immediately, including by having writs of garnishment served on your employer, your company, and/or your bank accounts. In short, once you have been served, ignoring the lawsuit or putting off dealing with it is about the worst thing you could do.</p><p> </p><h2>Do I need to consult with an attorney?</h2><p>Yes, and the sooner, the better! An experienced attorney will be able to read the complaint, quickly determine the most relevant issues in the case, and ask you the right questions to ascertain the strengths and weaknesses of your position in the suit. Your counsel will need lead time to review your file and be in a knowledgeable enough position to respond in court to the complaint. If you wait too long to contact an attorney, you may find that their schedule is very crowded, and they can’t help you before the initial response (answer) is due.</p><p>In looking for legal representation, also make sure that you are only contacting attorneys who practice in the area of law that the case concerns. For example, if the lawsuit is about a business dispute, a disagreement between business partners, or a breach of contract, then it would not serve you well to consult with or hire a lawyer specializing in personal injury or tax law. This may seem academic, but sometimes a law firm’s website will list many practice areas, making it difficult to determine their true focus and areas of strength. When you set up the consultation, simply make sure that you are in the right place by explaining a little bit about the lawsuit and legal issues involved.</p><p> </p><h2>How do I best prepare for my consultation with an attorney?</h2><p>The most important thing you can do to have an effective consultation with an attorney is to prepare in advance – whether it is going to occur on the telephone, in person, or by Zoom. When you speak to the lawyer, he/she is going to ask you several questions –for instance, about contracts that may be relevant to your case, important emails or texts that may have been communicated between the parties, and questions concerning the evidence (e.g., photographs, land surveys) that you may have to support your case. Have these things available and in front of you literally right when you have your call with the prospective lawyer, so that you can refer to these items quickly during your consult.</p><p>If you have the lawyer’s email address before your discussion, you may want to send copies of what you believe are the most important documents, emails, contracts, and texts to your case before your scheduled conversation so the attorney can follow along in the documents with you during your consult. You do not want to send the attorney the entire file at one time, or even too many materials in each email, because this can be overwhelming and diminish what can be accomplished during the consultation. Your goal should be to focus the lawyer as quickly as possible on the most important facts and evidence.</p><p> </p><h2>What happens after I have hired the attorney?</h2><p>First, the attorney will evaluate whether a motion to dismiss the case (or other motion to the court) is appropriate. If your case arises out of or relates to a contract of some sort, then there may well be provisions contained in the contract that limit the ways in which disputes between the parties can be resolved.</p><p>The majority of business contracts that we see in our practice today, for example, contain what are referred to as “dispute resolution” clauses. These often provide that in the event of a dispute between the parties arising out of the contract, the disagreement must be resolved by mediation; and if that fails, then by arbitration. In the arbitration process, an attorney acts as the judge, holds a hearing at which witnesses and evidence are introduced, and then decides who wins and who loses the case.</p><p>The parties are not free to take the case to a traditional court and have it decided by a judge. If the contract at issue in the lawsuit with which you have been served contains such a provision, then your attorney will likely recommend that you take action to stop the lawsuit and ask the court for an order directing the parties to engage in the mediation and/or arbitration process instead.</p><p>Assuming that the case does not belong in mediation or arbitration, the attorney will return to determining whether to file an answer to the complaint or perhaps a motion to dismiss. Oftentimes, complaints contain legal deficiencies – defects – that should prevent the case from moving forward. One example of this would be the court may not have jurisdiction over you because you reside in another state and have not done business with residents or companies located in Arizona.</p><p>Indeed, the court may not have jurisdiction over the subject matter of your case at all, or the case may have been filed in the wrong court. (Only a limited category of cases filed in federal court are actually properly filed there.) If these types of jurisdictional or venue issues are present in your case, then your attorney will likely suggest that you file a motion to dismiss the case, or at least file a motion to have the case transferred to the proper court.</p><p>Aside from jurisdiction and venue issues, your counsel will also evaluate whether there are deficiencies in the way in which the claims are alleged in the complaint. In order for a claim to be viable, the complaint must contain certain specific allegations. A claim for fraud, for example, is required to contain nine (9) specific allegations and supporting factual detail. A claim for breach of contract must contain proper allegations of damages arising from the breach. A claim to remove a lien from a property, or a claim to “quiet title”, must allege specific elements also. If these are not contained in the complaint – something that would be obvious to an experienced lawyer – then your attorney will likely advise that a motion be filed to dismiss the case.</p><p>If it is not clear from the face of the complaint that certain allegations are missing, or that the claims are legally deficient, then your attorney will file an answer to the complaint instead of a motion to dismiss. In an answer, your counsel responds paragraph by paragraph to the allegations of the complaint, admitting and denying the assertions as appropriate. The answer will also state what are referred to as “affirmative defenses.” For instance, if you have been sued for breach of contract, one type of affirmative defense is that the contract on which the lawsuit is based is illegal. Courts will not enforce illegal contracts.</p><p>If the plaintiff in your case is seeking a temporary restraining order or injunction against you or your company, another type of affirmative defense that may be available is that the plaintiff has come to the court with “unclean hands.” This defense is based on the maxim that “he who comes into equity must come with clean hands.” Translated, this means that if you are going to ask the court to exercise its equitable powers to do justice for you, then you must not have engaged in inequitable conduct yourself.</p><p> </p><h2> Do I get to assert claims against the other side, and if so, when?</h2><p>Yes, you do. When your attorney files an answer to the complaint, he or she can also file counterclaims on your behalf. Some types of counterclaims are “compulsory”, or mandatory, meaning that if you do not assert them, then you will lose them and not be able to bring them in the future. Other types of counterclaims are referred to as “permissive”, which means that you can choose to assert them if you wish, but if you do not, you may still be able to bring those claims at a later time.</p><p>If you have what you believe are viable claims against the party who sued you, experienced counsel will be able to tell you whether they fall into the category or compulsory or permissive. Generally, a compulsory counterclaim arises out of the same set of transactions or occurrences that are the subject matter of the opposing party’s claims, provided that your counterclaim does not require that another person be joined in the lawsuit over whom the court is unable to acquire jurisdiction.</p><p> </p><h2>Is there a way to resolve the case quickly and without much litigation?</h2><p>There is, and the process is called mediation. Mediation is a voluntary process in which a neutral party tries to facilitate a compromise or settlement between the parties. The mediator does not decide who wins and who loses, but rather, only acts as a facilitator trying to bring the parties to agreement. Whether mediation will be available early in the process in your particular case will depend in large part on the parties’ attitudes. If one party or the other is determined to get its proverbial “pound of flesh” before the case concludes, or is acting unreasonably, then it is less likely that the parties will agree to participate in early mediation. Mediation can be an especially useful process where either:</p><p>(a) you are concerned about publicity or your personal information being made public for all to see, or</p><p>(b) you would like to try to salvage the personal or business relationship at issue in the suit.</p><p>Mediation is a confidential process, whereas litigation, on the other hand, is a public proceeding. Unless there is a good reason why a case or courtroom should be sealed, virtually anyone can attend hearings in your case, read the court orders that are entered in it, and follow any other activity that is occurring. Litigation can also burn bridges. No matter how well-intentioned one or more of the parties to a dispute may be – we often hear the refrain “I just want to get my fair share!” – litigation often turns hostile and becomes a “win at all costs” game.</p><p> </p><h2>What will happen if the case against me is not dismissed or successfully mediated?</h2><p>Once the initial phase of the case is completed, or what is sometimes referred to as the “pleading” stage, it moves into the “discovery stage.” Discovery is when parties use various techniques to obtain the information and evidence they need to effectively pursue, defend against, or ultimately settle the case. There are generally three main sources from which information is obtained:</p><p>(a) you and those within your control (e.g., accountants, company staff);</p><p>(b) the other parties to the lawsuit; and</p><p>(c) persons or companies who are not parties to the lawsuit but whom or which possess relevant information.</p><p> </p><p>The tools that are used to obtain information from other parties in the lawsuit include:</p><ul><li><ul><li><ul><li><ul><li>Requests for Production of Documents. These are formal written requests that are sent to other parties in the lawsuit asking them to produce within a specified amount of time a list of documents or other things (both hard copy and electronic), that are in their possession, custody, or control that the other party/parties believes are relevant to the case.</li></ul></li></ul></li><li><ul><li><ul><li>Interrogatories. These are written questions sent to other parties in the lawsuit that they must provide written answers for within a specified amount of time.</li></ul></li></ul></li><li><ul><li><ul><li>Requests for Admissions. These are formal written requests that are sent to another party in the lawsuit asking them to admit specific facts that you believe are relevant to your claims or defenses.</li></ul></li></ul></li><li><ul><li><ul><li>Depositions. Usually held in a lawyer’s conference room, these are opportunities for the respective counselors to ask questions of parties or witnesses orally and under oath. A verbatim transcript of the proceedings is created by a court reporter for use by the attorneys later on, perhaps at a hearing in the case or at trial.</li></ul></li></ul></li></ul></li></ul><p> </p><p>The tools that are used to obtain information from third parties include subpoenas and depositions. A subpoena is a court order that requires a witness or company to produce within a specified amount of time a list of documents and other things, both hard copy and electronic, that are in their possession, custody, or control that you believe are relevant to present or defend against the case. Subpoenas accomplish the same thing, as do “Requests for Production of Documents” that are sent to other parties in the lawsuit. A subpoena can require either or both the production of documents and/or a witness’s appearance at a deposition.</p><p> </p><h2>What is all this going to cost me?</h2><p>Lawyers’ fees for litigation will vary depending upon several factors, including the size and complexity of your case, the number of witnesses involved, the prospects for an early settlement, and the personality of the party and attorney on the other side. Generally, there are three types of attorneys’ fees structures:</p><p>(a) an hourly fee arrangement;</p><p>(b) a fixed fee arrangement; and</p><p>(c) a contingency fee arrangement.</p><p>In addition to attorneys’ fees, and irrespective of the fee structure, you are also responsible for the out-of-pocket expenses for fees related to filing motions with the court, service of process, depositions, online legal research, and other similar items.</p><p>Under an hourly billing arrangement, you make a deposit into an advance deposit account. Say, for example, the deposit is $5,000. The firm then bills the fees and costs incurred in your case against the balance in that account until it is nearly depleted, at which point the account needs to be replenished with another deposit that brings your account balance back up to $5,000. This process continues throughout the case until the lawsuit is concluded by settlement or judgment. The amount billed against the advance deposit account is calculated by multiplying the attorney’s or paralegal’s normal hourly rate by the amount of time spent by each of them while working on tasks related to your legal case.</p><p>With a fixed fee arrangement, you pay the firm a flat fee to perform certain and specific identified tasks. Regardless of the actual time spent by the lawyers working on those tasks, you will only be charged the agreed upon fee; in other words, the attorney fees are capped. In return for the firm capping its attorneys’ fees for said tasks, the entire amount is paid upfront and is effectively non-refundable. (We say “effectively” because you are always free to fire the law firm, and in that event may be entitled to a refund of a portion of the fee paid based on the value of the representation that has been provided to you up to that point.</p><p>A contingency fee is an arrangement whereby the attorney is paid based solely on whether you obtain and collect on a settlement or judgment in your favor. The fee is calculated as a percentage of the amount collected. These arrangements are most typically used in personal injury cases, where an insurance company is paying the settlement or judgment and there is very little risk that the amount due to you will be difficult to collect. This arrangement can be used in other types of cases also, but typically only if the amount at issue is fairly significant and there will be little work required to collect upon the judgment.</p><p> </p><h2>What are the chances my case goes all the way to a trial?</h2><p>Different attorneys may give you different answers to this question, but in our experience, roughly 80% of our cases settle before trial. The remaining 20% will move on to a trial or arbitration hearing. Because of COVID-19, virtually all trials and evidentiary hearings today are being conducted digitally using Zoom or a similar platform. Most (if not all) cases today are tried to the court — i.e., the judge. Jury trials are for the most part nonexistent at this time. If one or both parties to a lawsuit insist on a jury – which they have a constitutional right to do – then in the instance of the state of Arizona, the trial is not likely to occur until sometime in 2022 (other states might be different).</p><p> </p><h2>About Weinberger Law</h2><p>Weinberger Law is the firm you want when you need powerful warriors on your side. We are strong, business-focused attorneys that get results through innovative solutions, integrity, and an unwavering commitment to our clients’ concerns.</p><p>Our superior quality work, based on decades of successful experience, gives you large firm caliber representation with the responsiveness, agility, personalization, and fee structure of a smaller boutique law firm.</p><p>The post <a href="https://www.weinbergerlawaz.com/blog/i-have-been-served-with-a-lawsuit-what-do-i-do-now/">I Have Been Served with a Lawsuit – What do I do Now?</a> appeared first on <a href="https://www.weinbergerlawaz.com">Weinberger Law - Phoenix Contract Lawyers Scottsdale Real Estate Lawyers</a>.</p>]]></content:encoded> <wfw:commentRss>https://www.weinbergerlawaz.com/blog/i-have-been-served-with-a-lawsuit-what-do-i-do-now/feed/</wfw:commentRss> <slash:comments>0</slash:comments> </item> <item> <title>Local Law Firm Offers Creative and Affordable Option for Business Legal Services</title> <link>https://www.weinbergerlawaz.com/blog/affordable-business-legal-services-in-phoneix/</link> <comments>https://www.weinbergerlawaz.com/blog/affordable-business-legal-services-in-phoneix/#respond</comments> <dc:creator><![CDATA[]]></dc:creator> <pubDate>Sun, 22 Jan 2023 17:30:33 +0000</pubDate> <category><![CDATA[Blog]]></category> <category><![CDATA[Affordable Business Legal Services in Phoenix]]></category> <category><![CDATA[business fraud]]></category> <category><![CDATA[business mediation]]></category> <category><![CDATA[Competition]]></category> <category><![CDATA[contract issues legal advise]]></category> <category><![CDATA[Contract Lawyers Phoenix]]></category> <category><![CDATA[intellectual property attorneys]]></category> <category><![CDATA[Mediation Attorneys]]></category> <category><![CDATA[Mediation Lawyers]]></category> <category><![CDATA[Mediation Lawyers Phoenix]]></category> <category><![CDATA[Noncompete and Anti-Piracy Agreements]]></category> <category><![CDATA[Noncompete and Anti-Piracy Agreements Phoenix]]></category> <category><![CDATA[Noncompete and Anti-Piracy Agreements Scottsdale]]></category> <category><![CDATA[phoenix anti trust attorneys]]></category> <category><![CDATA[phoenix anti trust lawyers]]></category> <category><![CDATA[phoenix business fraud attorneys]]></category> <category><![CDATA[Phoenix Contract Attorneys]]></category> <category><![CDATA[Phoenix Contract Lawyers]]></category> <category><![CDATA[Phoenix Real Estate Attorneys]]></category> <category><![CDATA[Phoenix Real Estate Lawyers]]></category> <category><![CDATA[real estate law]]></category> <category><![CDATA[Scottsdale business fraud lawyers]]></category> <category><![CDATA[Scottsdale Contract Attorneys]]></category> <category><![CDATA[Scottsdale Contract Lawyer]]></category> <category><![CDATA[Scottsdale Contract Lawyers]]></category> <category><![CDATA[Scottsdale Real Estate Attorneys]]></category> <category><![CDATA[Scottsdale Real Estate Lawyer]]></category> <category><![CDATA[Scottsdale Real Estate Lawyers]]></category> <category><![CDATA[trademark infringement]]></category> <category><![CDATA[Unfair Competition Arizona]]></category> <guid isPermaLink="false">https://weinbergerlawaz.com/?p=1222</guid> <description><![CDATA[<p>Weinberger Law- Affordable Business Legal Services in Phoenix   Looking for an affordable Business Legal Services in Phoenix, AZ? The corporate law and contract law lawyers at Weinberger Law offers professionals to effectively operate to help local business with expert legal advise. A good business team includes ready access to legal counsel. For those businesses …</p><p class="read-more"> <a class="" href="https://www.weinbergerlawaz.com/blog/affordable-business-legal-services-in-phoneix/"> <span class="screen-reader-text">Local Law Firm Offers Creative and Affordable Option for Business Legal Services</span> Read More »</a></p><p>The post <a href="https://www.weinbergerlawaz.com/blog/affordable-business-legal-services-in-phoneix/">Local Law Firm Offers Creative and Affordable Option for Business Legal Services</a> appeared first on <a href="https://www.weinbergerlawaz.com">Weinberger Law - Phoenix Contract Lawyers Scottsdale Real Estate Lawyers</a>.</p>]]></description> <content:encoded><![CDATA[<h2>Weinberger Law- Affordable Business Legal Services in Phoenix</h2><p> </p><p><img decoding="async" class="size-full wp-image-1215 alignright" src="https://www.weinbergerlawaz.com/wp-content/uploads/2023/01/200000076-2.jpg" alt="Weinberger Law- Business Legal Services at affordable rates." width="300" height="200" />Looking for an affordable Business Legal Services in Phoenix, AZ? The <a href="https://en.wikipedia.org/wiki/Corporate_lawyer">corporate law</a> and contract law lawyers at Weinberger Law offers professionals to effectively operate to help local business with expert legal advise. A good business team includes ready access to legal counsel. For those businesses that can afford to do so, an in-house general counsel is often the answer. However, this solution is not feasible for most small companies and especially start-ups, who may often take unwise legal risks or gambles solely to avoid expensive legal fees that would squeeze their budgets. <a href="https://www.weinbergerlawaz.com/contact/">Learn more</a></p><p> </p><h3>Local Phoenix Business Law Firm</h3><p>One local law firm has decided to do something to help small and medium-sized businesses in this precarious predicament, and provide them with the convenience and availability of an in-house general counsel without the high costs. The service is called <em>‘Fractional General Counsel’</em>.</p><p> </p><h3>Legal first responders</h3><p>“Our goal is to be legal first responders when our clients encounter legal issues,” said Brian Weinberger, of Weinberger Law. “Many business owners either find themselves calling attorneys frequently and paying expensive hourly rates, or they avoid calling an attorney altogether for fear of what the cost will be.</p><p> </p><h3>Utilizing legal services</h3><p>Our goal is to take companies out of the position of having to make all-or-nothing decisions when it comes to utilizing legal services. decisions that can turn cavities into root canals – and to provide skilled legal counsel who is fully versed in the intricacies of the particular type of business which we serve. Like skilled first responders in our communities, we take the first call and initiate a measured response in real time, as legal issues arise.”</p><p><em>Fractional General Counsel</em> is not a one-size-fits-all program. The program offers a flexible fee structure and flat monthly fees that are tailored to each client’s particular business and needs – This is why it works, when other similar programs fail.</p><p> </p><p><strong>About Weinberger Law:</strong></p><p><a href="https://www.weinbergerlawaz.com/">Weinberger Law</a> (<a href="https://www.weinbergerlawaz.com/">https://www.weinbergerlawaz.com/</a>) is a strong, business-focused law firm that gets results through innovative solutions, integrity, and an unwavering commitment to our clients’ concerns. Located in Scottsdale, Arizona, the firm serves individuals and small to large businesses throughout the country needing representation in the state of Arizona.</p><p>Company Contact:</p><p>Brian Weinberger<br /><a href="mailto:Brian@weinbergerlawaz.com">Brian@weinbergerlawaz.com</a><br />480-536-9991<br /><a href="https://www.weinbergerlawaz.com/">https://www.weinbergerlawaz.com/</a></p><p>The post <a href="https://www.weinbergerlawaz.com/blog/affordable-business-legal-services-in-phoneix/">Local Law Firm Offers Creative and Affordable Option for Business Legal Services</a> appeared first on <a href="https://www.weinbergerlawaz.com">Weinberger Law - Phoenix Contract Lawyers Scottsdale Real Estate Lawyers</a>.</p>]]></content:encoded> <wfw:commentRss>https://www.weinbergerlawaz.com/blog/affordable-business-legal-services-in-phoneix/feed/</wfw:commentRss> <slash:comments>0</slash:comments> </item> <item> <title>7 Signs You May Need a Mediation</title> <link>https://www.weinbergerlawaz.com/blog/7-signs-you-may-need-a-mediation/</link> <comments>https://www.weinbergerlawaz.com/blog/7-signs-you-may-need-a-mediation/#respond</comments> <dc:creator><![CDATA[]]></dc:creator> <pubDate>Sun, 22 Jan 2023 17:28:21 +0000</pubDate> <category><![CDATA[Blog]]></category> <category><![CDATA[7 signs you need mediation]]></category> <category><![CDATA[business fraud]]></category> <category><![CDATA[business mediation]]></category> <category><![CDATA[Competition]]></category> <category><![CDATA[contract issues legal advise]]></category> <category><![CDATA[Contract Lawyers Phoenix]]></category> <category><![CDATA[intellectual property attorneys]]></category> <category><![CDATA[Mediation Attorneys]]></category> <category><![CDATA[Mediation Lawyers]]></category> <category><![CDATA[Mediation Lawyers Phoenix]]></category> <category><![CDATA[Noncompete and Anti-Piracy Agreements]]></category> <category><![CDATA[Noncompete and Anti-Piracy Agreements Phoenix]]></category> <category><![CDATA[Noncompete and Anti-Piracy Agreements Scottsdale]]></category> <category><![CDATA[phoenix anti trust attorneys]]></category> <category><![CDATA[phoenix anti trust lawyers]]></category> <category><![CDATA[phoenix business fraud attorneys]]></category> <category><![CDATA[Phoenix Contract Attorneys]]></category> <category><![CDATA[Phoenix Contract Lawyers]]></category> <category><![CDATA[Phoenix Real Estate Attorneys]]></category> <category><![CDATA[Phoenix Real Estate Lawyers]]></category> <category><![CDATA[real estate law]]></category> <category><![CDATA[Scottsdale business fraud lawyers]]></category> <category><![CDATA[Scottsdale Contract Attorneys]]></category> <category><![CDATA[Scottsdale Contract Lawyer]]></category> <category><![CDATA[Scottsdale Contract Lawyers]]></category> <category><![CDATA[Scottsdale Real Estate Attorneys]]></category> <category><![CDATA[Scottsdale Real Estate Lawyer]]></category> <category><![CDATA[Scottsdale Real Estate Lawyers]]></category> <category><![CDATA[trademark infringement]]></category> <category><![CDATA[Unfair Competition Arizona]]></category> <guid isPermaLink="false">https://weinbergerlawaz.com/?p=1220</guid> <description><![CDATA[<p>    Oftentimes, cases come to us that present genuine legal issues, but are better candidates for mediation rather than litigation. Mediation is a voluntary process in which a neutral party – the mediator – tries to facilitate a compromise or settlement between the arguing parties. The mediator does not make a decision on who …</p><p class="read-more"> <a class="" href="https://www.weinbergerlawaz.com/blog/7-signs-you-may-need-a-mediation/"> <span class="screen-reader-text">7 Signs You May Need a Mediation</span> Read More »</a></p><p>The post <a href="https://www.weinbergerlawaz.com/blog/7-signs-you-may-need-a-mediation/">7 Signs You May Need a Mediation</a> appeared first on <a href="https://www.weinbergerlawaz.com">Weinberger Law - Phoenix Contract Lawyers Scottsdale Real Estate Lawyers</a>.</p>]]></description> <content:encoded><![CDATA[<p> </p><p> </p><p>Oftentimes, cases come to us that present genuine legal issues, but are better candidates for mediation rather than litigation. Mediation is a voluntary process in which a neutral party – the mediator – tries to facilitate a compromise or settlement between the arguing parties. The mediator does not make a decision on who wins and who loses, but rather, only acts as a facilitator trying to bring the parties to an agreement.</p><p>Here are some questions to ask yourself:</p><h2>Do you not want to pay, or cannot pay, substantial legal fees?</h2><p>If you are facing potential litigation, you may be asked to post an initial retainer of somewhere between $5,000 and $50,000, depending on the size and complexity of your case. That is just the initial payment. Once those funds have been exhausted, and each time thereafter when they are, you will need to make an additional deposit. Most mediations, in contrast, can be concluded within just one day, and at a cost of somewhere between $2,000 and $5,000 total, depending again on the complexity of your case and the personalities involved. That amount is typically split 50/50 between the parties, which, without a doubt, makes mediation a huge cost-saving option.</p><p> </p><h2>Are one or more parties involved in your dispute being unreasonable?</h2><p>When one or more parties to a dispute are being unreasonable, the costs of litigation become even greater. Mediators are adept at managing difficult personalities, and helping people get past the emotions and ego that can often stand in the way of a good, mutually acceptable, timely resolution. As a person who is directly involved in the dispute, it is unlikely that the “unreasonable” person will listen to you. In their eyes, you are part of the problem. When the message is delivered by a third party, however, such as a mediator, we find that the same difficult person is often receptive to what we have to say. it’s the same message, just delivered by a different messenger.</p><p> </p><h2>Are one or more of the parties to the dispute impossible to pin down?</h2><p>This is what we call the proverbial “moving target” – the party who continuously moves the goalpost or just cannot seem to make a final decision. Either or both traits make a final agreement impossible to reach. If you entrust your mediation to us, we know how to handle that dynamic. When an agreement is reached during a mediation session, whether it accounts for all of the issues involved or only some, that agreement will be put in writing before anyone leaves the room, having had everyone sign off on what has been agreed upon so far. This avoids the frustrating and expensive experience of having to go back and constantly renegotiate points that have already been settled.</p><p> </p><h2>Are you concerned about publicity or your personal information being made public for all to see?</h2><p>Lawsuits are public proceedings, with a substantial amount of information available to the public online. Unless there is a good reason why a case or courtroom should be sealed, virtually anyone can attend hearings in your case, read the related court orders, and follow any and all activity that is occurring in your case. This can be very intrusive no matter what kind of case you have, but is especially troubling where information of a highly-personal nature, financial matters, or sensitive family issues are involved. Mediation is a confidential process. The parties agree ahead of time – in writing – that information shared or disclosed in the process will not be disseminated to anyone outside of the participants in the process. The mediator also cannot be called as a witness in any litigation between the parties involved.</p><p> </p><h2>Would you like to salvage the personal or business relationship at issue, or at least not entirely have it implode?</h2><p>Litigation often burns bridges. No matter how well-intentioned one or more of the parties to a dispute may be (“I just want to get my fair share”), litigation often turns hostile and becomes an “I want to win at all costs” game. If you are going through a divorce – particularly a divorce that involves children – it is going to serve you and your children well, and reduce everyone’s stress for years to come, if you can emerge from the process with the ability to co-parent cooperatively and respectfully with your former spouse.</p><p>Even business relationships that hit the rocks can be salvaged if the parties can stay focused on reaching a compromise and solution instead of “destroying” each other in litigation. We have seen the most heated business disputes between competitors result in profitable joint ventures and development projects that neither party could have achieved without the other. There is always more than one way to “skin the cat”.</p><p> </p><h2>Do you want to have control over the outcome of your dispute?</h2><p>Mediation is the only legal process that enables you to have control over the outcome of your dispute. When you submit your case to a judge or jury for decision, you surrender control over the resolution to people who can never know or grasp the complexities of the case as well as you do. The court process is simply not equipped for that. In mediation, you are given a full opportunity to explain everything to the mediator that you want or think he or she needs to know, and are free to determine for yourself what outcome you are and are not willing to accept.</p><p> </p><h2>Do you want your dispute resolved sooner rather than later?</h2><p>In the <a href="https://en.wikipedia.org/wiki/COVID-19">COVID</a> world we live in today (and for the foreseeable future), courts are either not scheduling trials or they are being significantly postponed. Trials needing juries are not being scheduled, and likely will not be unless and until there is universal agreement that it is safe to do so. What does this mean for you? It indicates that if you want or need your dispute resolved as quickly as possible, mediation is absolutely the best route to take. Whereas it might take as long as 18-24 months at this point to conclude a lawsuit in court, a mediation can typically be scheduled within 30-45 days.</p><p> </p><h2>Why Need a Mediation?</h2><p>Mediation is not for every case. There may be reasons why you want or need to litigate your case in court, and if so, that is understandable. However, if you answered at least three of the above questions with a “yes”, then you owe it to yourself to at least find out more about Weinberger Law’s mediation services, and how we can help you resolve your case.</p><p> </p><h2>About Weinberger Law</h2><p><a href="https://www.weinbergerlawaz.com/">Weinberger Law</a> is the firm you want when you need powerful warriors on your side. We are strong, business-focused attorneys that get results through innovative solutions, integrity, and an unwavering commitment to our clients’ concerns.</p><p>Our superior quality work, based on decades of successful experience, gives you large firm caliber representation with the responsiveness, agility, personalization, and fee structure of a smaller boutique law firm.</p><p>The post <a href="https://www.weinbergerlawaz.com/blog/7-signs-you-may-need-a-mediation/">7 Signs You May Need a Mediation</a> appeared first on <a href="https://www.weinbergerlawaz.com">Weinberger Law - Phoenix Contract Lawyers Scottsdale Real Estate Lawyers</a>.</p>]]></content:encoded> <wfw:commentRss>https://www.weinbergerlawaz.com/blog/7-signs-you-may-need-a-mediation/feed/</wfw:commentRss> <slash:comments>0</slash:comments> </item> <item> <title>Weinberger Law Moves to New Office</title> <link>https://www.weinbergerlawaz.com/news/weinberger-law-moves-to-new-office/</link> <comments>https://www.weinbergerlawaz.com/news/weinberger-law-moves-to-new-office/#respond</comments> <dc:creator><![CDATA[]]></dc:creator> <pubDate>Sun, 22 Jan 2023 17:07:45 +0000</pubDate> <category><![CDATA[News]]></category> <category><![CDATA[business mediation]]></category> <category><![CDATA[Competition]]></category> <category><![CDATA[contract issues legal advise]]></category> <category><![CDATA[Contract Lawyers Phoenix]]></category> <category><![CDATA[intellectual property attorneys]]></category> <category><![CDATA[Mediation Attorneys]]></category> <category><![CDATA[Mediation Lawyers]]></category> <category><![CDATA[Mediation Lawyers Phoenix]]></category> <category><![CDATA[Noncompete and Anti-Piracy Agreements]]></category> <category><![CDATA[Noncompete and Anti-Piracy Agreements Phoenix]]></category> <category><![CDATA[Noncompete and Anti-Piracy Agreements Scottsdale]]></category> <category><![CDATA[Operating Agreements and Shareholder Agreements]]></category> <category><![CDATA[phoenix anti trust attorneys]]></category> <category><![CDATA[phoenix anti trust lawyers]]></category> <category><![CDATA[phoenix business fraud attorneys]]></category> <category><![CDATA[Phoenix Contract Attorneys]]></category> <category><![CDATA[Phoenix Contract Lawyers]]></category> <category><![CDATA[Phoenix law office]]></category> <category><![CDATA[Phoenix Real Estate Attorneys]]></category> <category><![CDATA[Phoenix Real Estate Lawyers]]></category> <category><![CDATA[real estate law]]></category> <category><![CDATA[Scottsdale business fraud lawyers]]></category> <category><![CDATA[Scottsdale Contract Attorneys]]></category> <category><![CDATA[Scottsdale Contract Lawyer]]></category> <category><![CDATA[Scottsdale Contract Lawyers]]></category> <category><![CDATA[Scottsdale Real Estate Attorneys]]></category> <category><![CDATA[Scottsdale Real Estate Lawyer]]></category> <category><![CDATA[Scottsdale Real Estate Lawyers]]></category> <category><![CDATA[trademark infringement]]></category> <category><![CDATA[Unfair Competition Arizona]]></category> <category><![CDATA[usiness fraud]]></category> <guid isPermaLink="false">https://weinbergerlawaz.com/?p=1204</guid> <description><![CDATA[<p>Scottsdale, Arizona – July 14, 2020 – Weinberger Law, a Scottdale based business-focused law practice announced it moved its offices to a new location at Suite 200 on 17767 N Scottsdale Rd in Scottsdale, Arizona, to accommodate the growth of the practice. “As we grew over the last several years, our previous office was not adequate …</p><p class="read-more"> <a class="" href="https://www.weinbergerlawaz.com/news/weinberger-law-moves-to-new-office/"> <span class="screen-reader-text">Weinberger Law Moves to New Office</span> Read More »</a></p><p>The post <a href="https://www.weinbergerlawaz.com/news/weinberger-law-moves-to-new-office/">Weinberger Law Moves to New Office</a> appeared first on <a href="https://www.weinbergerlawaz.com">Weinberger Law - Phoenix Contract Lawyers Scottsdale Real Estate Lawyers</a>.</p>]]></description> <content:encoded><![CDATA[<p><strong>Scottsdale, Arizona – July 14, 2020 –</strong> Weinberger Law, a Scottdale based business-focused law practice announced it moved its offices to a new location at Suite 200 on 17767 N Scottsdale Rd in Scottsdale, Arizona, to accommodate the growth of the practice.</p><p>“As we grew over the last several years, our previous office was not adequate for the number of cases we handled and the number of clients we served,” said Brian Weinberger. “Our new office is much more spacious, more comfortable, very modern in design, and considerably more easily accessible from major freeways in the Valley”, he added.</p><p>The new office complex features all the modern amenities needed in today’s increasingly digital work environment. The office includes comfortable sitting and meeting areas, and a spacious conference room equipped with cutting edge two-way video conferencing technology.</p><p> </p><p><strong>About Weinberger Law:</strong><br /><a href="https://www.weinbergerlawaz.com/">Weinberger Law</a> (<a href="https://www.weinbergerlawaz.com/">https://www.weinbergerlawaz.com/</a>) is an aggressive, business-focused law firm that get results through innovative solutions, integrity, and an unwavering commitment to our clients’ concerns. Located in Scottsdale, Arizona, the firm serves small to large businesses and individuals throughout the country needing representation in the state of Arizona.</p><p><strong>Company Contact:</strong></p><p>Brian Weinberger<br /><a href="mailto:Brian@weinbergerlawaz.com">Brian@weinbergerlawaz.com</a><br />480-536-9991<br /><a href="https://www.weinbergerlawaz.com/">https://www.weinbergerlawaz.com/</a></p><p>The post <a href="https://www.weinbergerlawaz.com/news/weinberger-law-moves-to-new-office/">Weinberger Law Moves to New Office</a> appeared first on <a href="https://www.weinbergerlawaz.com">Weinberger Law - Phoenix Contract Lawyers Scottsdale Real Estate Lawyers</a>.</p>]]></content:encoded> <wfw:commentRss>https://www.weinbergerlawaz.com/news/weinberger-law-moves-to-new-office/feed/</wfw:commentRss> <slash:comments>0</slash:comments> </item> <item> <title>Non-Competition Agreement</title> <link>https://www.weinbergerlawaz.com/news/non-competition-agreement/</link> <comments>https://www.weinbergerlawaz.com/news/non-competition-agreement/#respond</comments> <dc:creator><![CDATA[]]></dc:creator> <pubDate>Sat, 21 Jan 2023 18:03:31 +0000</pubDate> <category><![CDATA[News]]></category> <category><![CDATA[business mediation]]></category> <category><![CDATA[Competition]]></category> <category><![CDATA[contract issues legal advise]]></category> <category><![CDATA[Contract Lawyers Phoenix]]></category> <category><![CDATA[intellectual property attorneys]]></category> <category><![CDATA[Mediation Attorneys]]></category> <category><![CDATA[Mediation Lawyers]]></category> <category><![CDATA[Mediation Lawyers Phoenix]]></category> <category><![CDATA[non-compete agreement]]></category> <category><![CDATA[Noncompete and Anti-Piracy Agreements]]></category> <category><![CDATA[Noncompete and Anti-Piracy Agreements Phoenix]]></category> <category><![CDATA[Noncompete and Anti-Piracy Agreements Scottsdale]]></category> <category><![CDATA[Operating Agreements and Shareholder Agreements]]></category> <category><![CDATA[phoenix anti trust attorneys]]></category> <category><![CDATA[phoenix anti trust lawyers]]></category> <category><![CDATA[phoenix business fraud attorneys]]></category> <category><![CDATA[Phoenix Contract Attorneys]]></category> <category><![CDATA[Phoenix Contract Lawyers]]></category> <category><![CDATA[Phoenix Real Estate Attorneys]]></category> <category><![CDATA[Phoenix Real Estate Lawyers]]></category> <category><![CDATA[real estate law]]></category> <category><![CDATA[Scottsdale business fraud lawyers]]></category> <category><![CDATA[Scottsdale Contract Attorneys]]></category> <category><![CDATA[Scottsdale Contract Lawyer]]></category> <category><![CDATA[Scottsdale Contract Lawyers]]></category> <category><![CDATA[Scottsdale Real Estate Attorneys]]></category> <category><![CDATA[Scottsdale Real Estate Lawyer]]></category> <category><![CDATA[Scottsdale Real Estate Lawyers]]></category> <category><![CDATA[trademark infringement]]></category> <category><![CDATA[Unfair Competition Arizona]]></category> <category><![CDATA[usiness fraud]]></category> <guid isPermaLink="false">https://weinbergerlawaz.com/?p=1142</guid> <description><![CDATA[<p>A non-competition agreement, most commonly referred to as a “non-compete,” is a contract under which a party agrees not to engage in a certain line of business for a specified period of time in a specific geographic region. Non-compete agreements are typically used in two contexts: in the employment setting and when a business is …</p><p class="read-more"> <a class="" href="https://www.weinbergerlawaz.com/news/non-competition-agreement/"> <span class="screen-reader-text">Non-Competition Agreement</span> Read More »</a></p><p>The post <a href="https://www.weinbergerlawaz.com/news/non-competition-agreement/">Non-Competition Agreement</a> appeared first on <a href="https://www.weinbergerlawaz.com">Weinberger Law - Phoenix Contract Lawyers Scottsdale Real Estate Lawyers</a>.</p>]]></description> <content:encoded><![CDATA[<p>A non-competition agreement, most commonly referred to as a “non-compete,” is a contract under which a party agrees not to engage in a certain line of business for a specified period of time in a specific geographic region. Non-compete agreements are typically used in two contexts: in the employment setting and when a business is being sold.</p><p> </p><h2>Employment</h2><p>If utilized by an employer, the employee (or independent contractor) agrees that he or she will not engage in the same business as their employer for a specified period of time after they leave the company (e.g., 1 year) anywhere within a specific geographic area (e.g., Phoenix, Arizona). Generally, the point of such an agreement is to give the employer a sufficient amount of time to locate and train a replacement, and get that person up and running to the point where the new employee can do what the ex-employee was doing.</p><p> </p><h2>Sale of Business</h2><p>With the sale of a business, non-compete agreements are used to protect the investment that the buyer of the business is making. When a company is purchased, two of the most important assets being purchased are the customer base of the business and the company’s goodwill. If the seller of a business could simply turn around and form a competing company immediately after selling his or her current one, it could defeat the entire purpose of the sale by seriously impairing the ability of the new owner to succeed, as well as negatively affecting the value of the investment that was just made.</p><p> </p><h2>Enforceability</h2><p>To be enforceable, a non-competition agreement must contain two key elements: a limited duration and limited <a href="https://en.wikipedia.org/wiki/Category:Articles_with_limited_geographic_scope">geographic scope</a>. Both of these elements must be “reasonable”. The question of what is “reasonable” depends on the nature of the business, the scope of the geographic area in which the company operates, and the context in which the agreement was given.</p><p>Non-compete agreements with employees, for example, tend to be scrutinized more carefully by courts, because they may (and often do) prevent someone from earning a living in their chosen field for a period of time. The duration and scope of the non-compete agreements with employees must, therefore, be reasonably tailored to only what is necessary to protect the employer’s interests. On the other hand, non-compete agreements that are created in connection with the sale of a business can typically be of longer duration and perhaps cover a wider geographic area. If, for example, the company legitimately does business in all 50 states, then a non-compete covering the entire country may in fact be considered reasonable.</p><p> </p><h2>Related Agreements</h2><p>Non-compete agreements can be and often are combined with non-solicitation and confidentiality agreements, under which the employee or seller agrees not to solicit the customers of the business they are leaving and not to use or disclose any proprietary information belonging to the business they are leaving. Sometimes such agreements can actually operate as a form of a non-compete, although with different requirements.</p><p> </p><h2>Need Help? Call Weinberger Law Today</h2><p>If you think you might need a non-competition agreement or you are involved in a dispute over one, <a href="https://www.weinbergerlawaz.com/contact/">contact</a> with us or call us at 480-536-9991. We will conduct a thorough review of your situation and recommend the best course of action</p><p>The post <a href="https://www.weinbergerlawaz.com/news/non-competition-agreement/">Non-Competition Agreement</a> appeared first on <a href="https://www.weinbergerlawaz.com">Weinberger Law - Phoenix Contract Lawyers Scottsdale Real Estate Lawyers</a>.</p>]]></content:encoded> <wfw:commentRss>https://www.weinbergerlawaz.com/news/non-competition-agreement/feed/</wfw:commentRss> <slash:comments>0</slash:comments> </item> <item> <title>How Do I Get Out of This Contract?</title> <link>https://www.weinbergerlawaz.com/news/how-do-i-get-out-of-this-contract/</link> <comments>https://www.weinbergerlawaz.com/news/how-do-i-get-out-of-this-contract/#respond</comments> <dc:creator><![CDATA[]]></dc:creator> <pubDate>Sat, 21 Jan 2023 17:54:24 +0000</pubDate> <category><![CDATA[News]]></category> <category><![CDATA[business mediation]]></category> <category><![CDATA[Competition]]></category> <category><![CDATA[contract issues legal advise]]></category> <category><![CDATA[Contract Lawyers Phoenix]]></category> <category><![CDATA[How do I get our of a contract]]></category> <category><![CDATA[intellectual property attorneys]]></category> <category><![CDATA[Mediation Attorneys]]></category> <category><![CDATA[Mediation Lawyers]]></category> <category><![CDATA[Mediation Lawyers Phoenix]]></category> <category><![CDATA[Noncompete and Anti-Piracy Agreements]]></category> <category><![CDATA[Noncompete and Anti-Piracy Agreements Phoenix]]></category> <category><![CDATA[Noncompete and Anti-Piracy Agreements Scottsdale]]></category> <category><![CDATA[Operating Agreements and Shareholder Agreements]]></category> <category><![CDATA[phoenix anti trust attorneys]]></category> <category><![CDATA[phoenix anti trust lawyers]]></category> <category><![CDATA[phoenix business fraud attorneys]]></category> <category><![CDATA[Phoenix Contract Attorneys]]></category> <category><![CDATA[Phoenix Contract Lawyers]]></category> <category><![CDATA[Phoenix Real Estate Attorneys]]></category> <category><![CDATA[Phoenix Real Estate Lawyers]]></category> <category><![CDATA[real estate law]]></category> <category><![CDATA[Scottsdale business fraud lawyers]]></category> <category><![CDATA[Scottsdale Contract Attorneys]]></category> <category><![CDATA[Scottsdale Contract Lawyer]]></category> <category><![CDATA[Scottsdale Contract Lawyers]]></category> <category><![CDATA[Scottsdale Real Estate Attorneys]]></category> <category><![CDATA[Scottsdale Real Estate Lawyer]]></category> <category><![CDATA[Scottsdale Real Estate Lawyers]]></category> <category><![CDATA[trademark infringement]]></category> <category><![CDATA[Unfair Competition Arizona]]></category> <category><![CDATA[usiness fraud]]></category> <guid isPermaLink="false">https://weinbergerlawaz.com/?p=1138</guid> <description><![CDATA[<p>With the onset of the COVID-19 pandemic and the consequent downturn in our economy, this may be the most oft-asked question that we hear. A similar question asked by business people who are trying to retain the business and contracts that they have is: “How Do I Get Out of This Contract?” The answer depends …</p><p class="read-more"> <a class="" href="https://www.weinbergerlawaz.com/news/how-do-i-get-out-of-this-contract/"> <span class="screen-reader-text">How Do I Get Out of This Contract?</span> Read More »</a></p><p>The post <a href="https://www.weinbergerlawaz.com/news/how-do-i-get-out-of-this-contract/">How Do I Get Out of This Contract?</a> appeared first on <a href="https://www.weinbergerlawaz.com">Weinberger Law - Phoenix Contract Lawyers Scottsdale Real Estate Lawyers</a>.</p>]]></description> <content:encoded><![CDATA[<p>With the onset of the <a href="https://en.wikipedia.org/wiki/COVID-19">COVID-19</a> pandemic and the consequent downturn in our economy, this may be the most oft-asked question that we hear. A similar question asked by business people who are trying to retain the business and contracts that they have is: “How Do I Get Out of This Contract?”</p><p>The answer depends upon a few different factors:</p><p> </p><h2>First, when did you enter into your contract?</h2><p>If you entered into your contract before the <a href="https://en.wikipedia.org/wiki/COVID-19">COVID-19</a> virus became world news, then one party or the other may have certain defenses to enforcement of the contract. This is because the onset of a pandemic and unprecedented unemployment, for example, were not foreseeable events when you entered into the contract during a booming economy.</p><p>If, on the other hand, you entered into your contract after the country of China quarantined a city of more than 11 million people, then these defenses might not be so available. The argument in such cases is likely to be that you knew or should have known – at that point – that performance of your contract may be interrupted or made impossible by the consequences of the virus.</p><p> </p><h2>Second, what does your contract say about unforeseen events?</h2><p>Many contracts contain what is known as a “force majeure” clause, which literally means “greater force”. It refers to a superior or irresistible force or power, such as an act of God (like a hurricane) but is not limited to only these types of events. A typical force majeure clause may say something like: “The Company shall not be liable for any failure in the performance of its obligations under this agreement which may result from strikes, fire, floods, earthquakes or acts of God, war or other contingencies beyond its control.”</p><p>If your contract contains such a clause, then the next issue is to determine whether a public health situation / pandemic such as COVID-19 qualifies as a condition “beyond one’s control.” Common sense may dictate that it does, but different courts over the years have come to different conclusions regarding this topic. The eras of the SARS virus, and Ebola and Avian Flu epidemics, to name but a few, are previous occasions when courts have had to approach these issues, so some precedent does exist.</p><p> </p><h2>Third, is it truly impossible for the contract to be performed?</h2><p>In some cases, the COVID-19 pandemic might have made the performance of a contract impossible. If, for example, a produce company had a contract to supply a certain quantity of produce to a restaurant by April 30, 2020, and the restaurant was closed for the entire month prior to that date, performance of that contract was impossible.</p><p>In other cases, however, the effects of the virus may only make performance impractical, inadvisable or delayed. A buyer of a home may not be able to qualify for a mortgage, for example, while they are unemployed, but once employed again, they may be able to complete a contract to purchase a home.</p><p> </p><h2>Conclusion</h2><p>These examples point out that the answer to the question “Can I get out of this contract?” is not black and white or a simple yes or no answer, but will depend on the specific facts of your situation and the terms of your contract.</p><p>No matter what your circumstances are, we possess the experience and skill to navigate a course that is right for you. We are an innovative law firm that prides itself in finding and executing creative solutions to novel problems such as those we face today.</p><p>Please call us for a free consultation. Your consultation will be the most effective and beneficial if you have the following materials at your disposal when you call:</p><p>1. A copy of the contract at issue; and<br />2. Any recent email or other correspondence with the other party to the contract.</p><p>In addition, if a lawsuit has been filed against you, then you should also have available a copy of all of the papers with which you have been served.</p><p> </p><p><strong>Navigating these uncharted waters requires an experienced attorney who will be able to delicately handle these matters effectively. Considering the current situation, our fees for this new service are designed to be reasonable and affordable. Please <a href="https://www.weinbergerlawaz.com/contact/">contact</a> with us or call us at <a href="tel: 480-536-9991">480-536-9991</a> with any questions you might have.</strong></p><p>The post <a href="https://www.weinbergerlawaz.com/news/how-do-i-get-out-of-this-contract/">How Do I Get Out of This Contract?</a> appeared first on <a href="https://www.weinbergerlawaz.com">Weinberger Law - Phoenix Contract Lawyers Scottsdale Real Estate Lawyers</a>.</p>]]></content:encoded> <wfw:commentRss>https://www.weinbergerlawaz.com/news/how-do-i-get-out-of-this-contract/feed/</wfw:commentRss> <slash:comments>0</slash:comments> </item> </channel></rss> If you would like to create a banner that links to this page (i.e. this validation result), do the following:
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