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Cleveland Business & Commercial Law Blog

Employment contract disputes can be costly for all involved

The details and fine print in a contract can be an important factor in determining whether to accept the contract. These same details and fine print can also be an important factor when it comes to litigation surrounding the contract. When it comes to employment contract disputes, these details and fine print are often a vital part of the dispute and can involve a substantial amount of money for the Ohio business.

Recently, Coach Sean Miller of the University of Arizona's men's basketball team has found himself at the center of an investigation that may lead to an employment contract dispute. According to reports, Miller was involved in offering money to a recruit for the college's basketball team. This recruit did in fact play for Arizona this season.

Chosing the correct loan important in business planning

Business is booming and the small Ohio company is set to generate record sales. This sounds like the ideal situation to be in. Yet, if the business does not have the funds to produce the product, then it will be unable to meet customer demands, and the customer will look elsewhere for a similar product. In order to avoid this happening, it is essential that addressing financial concerns be a part of the business planning process.

In order to have the necessary funds available to support this increase in production, it may be necessary to look for financing. Depending upon the business, its history and the owner's credit history, a traditional bank loan may be the appropriate option. If this route is the one chosen, it is important to leave plenty of time for the loan to make its way through the various banking committees and approvals that must be granted prior to funds becoming available.

Wynn Resorts at center of shareholder disputes

As a business grows, so does its potential for profits and controversy. Business growth often means there is a need to enlist additional employees, and if the Ohio business is a corporation, it may mean there is a need to expand the company's board of directors. With this increase in both profits and people, there is also the increased possibility for shareholder disputes.

One corporation, Wynn Resorts, has recently found itself at the center of a shareholder dispute. One of its shareholders, a pension fund, had filed suit against the corporation and its former CEO. According to the lawsuit, the former CEO abused and breached his fiduciary duties to the shareholders. Their complaint indicates that his actions resulted in financial loss to the shareholders.

Estee Lauder throws business law jab at boxing hotshot, McGregor

Boxing champ, Conor McGregor is well-known to fans in Ohio and across the country. An Irish fighter who gained international fame when he stepped into the ring with Floyd Mayweather, McGregor is known as much for his salty tongue as he is for his fists. Beyond his talent in the ring, however, the superstar fighter is reportedly planning to launch a line of men's toiletries. The endeavor may prove to be his biggest challenge yet as cosmetics giant, Estee Lauder has cited business law to halt the process.

Lauder says McGregor is infringing upon one of its own patented brands, namely, MAC. McGregor has been quite vocal in telling the world that he is pursuing intellectual property rights under the title Mystic Mac for his new line of products. Lauder cried foul, noting that since the products are toiletries, many consumers will likely see the MAC name in the title and mistakenly believe they are Estee Lauder products.

Business financing decisions critical to business success

Available funds are a critical part of most Ohio small businesses. Without available funds, the business will be unable to make payroll, purchase needed supplies or deliver the promised product. As the saying goes, "it takes money to make money." This premise is often the catalyst behind many business financing decisions.

Many businesses allow customers to establish accounts. Work is delivered and the customer is invoiced for the work. Typically, these invoices are to be paid within 30 days. While this practice often means an increase in business for the company, it can also mean an increase in funds needed to operate the business. In essence, the business is paying for the manpower and supplies upfront and expecting the customer to pay the invoice at a later date.

$480,000 verdict in employment contract disputes claim

In some professions, written employment contracts are the norm. Prior to an Ohio company offering employment, a contract is drawn up and presented to the potential employee. Upon review of the contract, the employee signs the contract if accepting the job. The purpose of this practice is to minimize the potential for employment contract disputes.

Even if the contract is not written, employers and employees typically have an implied contract. In its most basic form, the employer agrees to pay the individual and the employee agrees to perform a specific job. When one or both parties to the agreement fail to perform, problems can arise.

Zillow directors at center of shareholder disputes

An intentional oversight, not sharing the truth or misleading information -- these are all statements that can be used to describe the interactions among some business professionals. In many cases, the damage done is minimal or nonexistent and the matter is never taken into further consideration. However, in other cases, potential damage exists, shareholder disputes become apparent and the business may suffer. Ohio business professionals typically try to avoid the later scenario.

Recently, shareholders of Zillow Group Inc., a real estate marketing company, filed suit against several of the company's directors. Shareholders claim that in a securities filing made in 2017, these directors violated the law and put the company in jeopardy of being charged with securities violations. These shareholders indicate that this filing did not adequately address possible Real Estate Settlement Procedures Act (RESPA) non-compliance issues.

Dinn, Hochman & Potter, LLC Ranked as a Best Law Firm by U.S. News & World Report for 2018

The U.S. News - Best Lawyers "Best Law Firms" rankings are based on an intensive evaluation process which includes collection of client and lawyer evaluations, peer review from leading attorneys in their field, and review of additional information provided by law firms as part of the formal submission process. In order to be eligible for a ranking in a particular practice area and metro region, a law firm must have at least one lawyer who is currently recognized in Best Lawyers in that particular practice area and metro. Dinn, Hochman & Potter, LLC is ranked as a top commercial litigation law firm in the Cleveland metropolitan area. 

Elderly may lose homes if contract disputes are not resolved soon

In Ohio and beyond, a disagreement between parties who have signed a contract together can have a ripple effect that negatively impacts others. An example of this can be found in a current situation in another state where contract disputes have threatened approximately 70 elderly residents of an assisted care facility with eviction. Family members of the residents have come forward to express their dire concerns.

The daughter of a 91-year-old resident says she is distraught that her mother will have to move far away from her if administrators of her current residence do not find a solution to their current contract problems. Loved ones of other residents have expressed similar concerns. At issue between the nursing facility and the insurance vendor in question is the residential rate.

Should the business buy or lease a real estate location?

Location is key to many Ohio businesses. The location often sets the stage for the clientele the business will attract. A business located in an industrial setting does not lend itself to everyday consumer traffic; however, the same business in a more retail setting might. The actual real estate occupied by the company plays an important part in the business's growth and development.

Many business owners face the decision as to whether it would be better to buy or lease. If they decide to buy, they have the benefit of building equity and establishing a stable location for their business. Over time, the business location can be paid for and this can be one less expense that the business must meet. However, on the down side, the entity is often also tied to the property. If a more desirable location is discovered, moving may not be an option.

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