Aggressive Advocates For Your Rights

October 2016 Archives

Why a DIY Partnership Agreement Can Lead to Disputes

image_487425502.jpgWhen you're starting a business partnership, one of the most important documents you should have is a partnership agreement. A partnership agreement is a contract that establishes what your and your business partner's responsibilities, financial stakes, and general roles are in the business. While a partnership agreement is extremely important, many people who are just starting a business decide to use a partnership agreement template they find online. This DIY approach to drafting such an important document increases the likelihood of a partnership dispute arising and could jeopardize your business' long-term survival.

Commercial bad faith insurance hurts businesses

Business owners who have suffered from flood, fire, theft or another type of liability often turn to their insurance provider to help see them through the difficult times. Insurance is supposed to provide peace of mind when the unexpected happens. Sadly, many insurers can cause business owners unneeded stress and anxiety by denying or delaying otherwise legitimate claims. Here's a look at just a few bad faith tactics some insurers may try to use against small business owners.

What are the six conditions of fraudulent misrepresentation?

Fraudulent misrepresentation is the most serious form of misrepresentation and, therefore, the most difficult to prove. In business disputes, fraudulent misrepresentation can lead to major financial losses and for consumers it can mean being cheated out of receiving a good or service they have otherwise been promised. To prove fraudulent misrepresentation has occurred, six conditions must be met.

How to spot a predatory lender

Debt can quickly lead to a vicious cycle that eats up your finances and makes it almost impossible to get back on your feet. Many people fall prey to this debt cycle through predatory loans, which are abusive lending practices that keep people trapped in a cycle of minimum payments and refinancing. For victims of predatory lenders, the consequences could include unsustainable loan payments, the loss of one's home or vehicle, and even bankruptcy. The best way to protect yourself from predatory lenders is to be able to spot some of the most common signs of this abusive and destructive practice.

What counts as an FMLA violation?

The Family and Medical Leave Act (FMLA) is an important piece of federal legislation that ensures employees who must take time off from work for family or medical reasons will still have a job waiting for them when they return. The FMLA is one of the key laws protecting employees' rights. However, FMLA violations can and do happen, either because employers are unaware of their legal obligations or because they wilfully violate the law. Below is a look at a few examples of when employees may be able to file a claim against their employers under the FMLA.

Has your car been wrongfully repossessed?

When you take out an auto loan, it is not uncommon to put your vehicle up as collateral. If you fall behind on your payments and default on the loan then your lender may have the right to repossess your vehicle. However, your lender still has to abide by certain laws and regulations when repossessing a vehicle, otherwise your vehicle may become wrongfully repossessed and you may be able to file a claim against the lender. Below is a brief look at what counts as wrongful repossession in Pennsylvania.

Failure to know or apply the law

Failure to know or apply the law is, according to the American Bar Association, the leading type of alleged error in legal malpractice claims. When you retain an attorney, you expect that attorney to have a knowledge of the law that goes well beyond what the average person would be expected to have. Because an attorney represents you, if he or she lacks relevant legal knowledge or fails to apply the law in a way that furthers your interests, then that attorney may have engaged in legal malpractice. Below is a brief look at what failure to know/apply the law consists of.

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