Although people don’t enter business partnerships with an expectation of conflict, legal disputes are common in the business arena. To avoid such disputes and the costly litigation that often accompanies them, business partners often include provisions in their business formation documents that dictate how the partners will resolve conflicts when they arise....
Business Torts: Common Issues
Also known as an economic tort, a business tort is a wrongful action that is taken against a business with the intention to cause it harm. Business torts often result in lost profits, damaged reputation, loss of market share, and loss of competitive advantage. Business torts can either be committed intentionally or...
What is Breach of Fiduciary Duty?
A fiduciary is a person who has a legal or ethical duty to act in the best interests of another party. When a fiduciary fails to do so, this is called a breach of fiduciary duty. A person who suffers losses due to a breach of fiduciary duty may be entitled to...
Common Contract Breach Defenses
A breach of contract occurs when one party to a contract fails to abide by one or more of its terms. When a party breaches a contract, the other party may file a breach of contract action in court. However, breaching parties aren’t without options when it comes to breach of contract...
What Is the Federal Tort Claims Act?
The doctrine of sovereign immunity protects the federal government from certain types of lawsuits by citizens. Under this doctrine, the federal government cannot be held accountable for criminal or civil legal wrongs. However, what happens when the federal government is responsible for harm suffered by a citizen? This is where the Federal...
Breach of Contract Litigation
Breach of contract litigation is a frequent occurrence for businesses large and small. Contracts are the foundation of the business world. Without contracts, it would be practically impossible to reliably conduct business. When one party to a contract fails to fulfill its contractual obligations, this is called a breach of contract. When...
Paycheck Protection Program Fraud
Paycheck Protection Program (“PPP”) fraud is one of most active—if not the most active—area of Department of Justice scrutiny right now. This article will discuss some recent cases and “red flag” issues the government focuses on.
Recent DOJ Enforcement of SBA Fraud
Throughout 2021, the DOJ...
Conservation Tax Easements: Department of Justice Crackdown
Syndicated conservation easements (“SCE”) are a new area of Department of Justice scrutiny. Prosecutors are significantly ramping up enforcement efforts. This post will explore brief background of these alleged “schemes” and recent DOJ activity.
Conservation Tax Easements
Syndicated conservation easement donations, as they are often called...
Corporate Fraud: Common Schemes
Corporate fraud is a type of white-collar crime that involves illegal actions committed either by employees or contractors of a company. In this article, we examine the most common types of corporate fraud.
Theft of Intellectual PropertyA company's most valuable asset is oftentimes its...
Ponzi Schemes vs. Pyramid Schemes: What’s the Difference?
Ponzi schemes and pyramid schemes are types of white-collar crime. Although people sometimes confuse them, they each use different tactics to fraudulently separate people from their money. In this article, we discuss the differences between Ponzi schemes and pyramid schemes.
What is a Ponzi Scheme?