Practice Area: Business

Mitchell & Currie Successfully Enforce Forum Selection Clause

August 26, 2019

On August 5, 2019, Clark Mitchell and Michael Currie obtained a dismissal for their client.  Plaintiff contracted with Defendant for the purchase and installation of three hoop buildings.  Plaintiff entered into a warranty agreement with Defendant at this time.  The warranty agreement provided that Defendant would repair or replace any product covered under the warranty, […]


Court of Appeals Decision Reminds Bailees That They Have a Duty to Care for Bailors’ Property While it is in Their Possession

April 29, 2019

Plaintiff and Defendant were business associates, who had an oral agreement regarding a salvage yard business. Plaintiff locked Defendant out of the business and filed suit for breach of an oral contract. Plaintiff also obtained a temporary injunction that prevented Defendant from returning to the business property, where many of Defendant’s tools, equipment, and inventory […]


BUSINESS OWNERS REMINDED TO FOLLOW CORPORATE FORMALITIES

February 21, 2019

Many business owners choose to organize their businesses as separate legal entities such as corporations or LLCs. There are many advantages for doing so, but one of the primary advantages a corporation or an LLC provides a business owner is limited liability protection.  This means that, generally, if a plaintiff wins a lawsuit against a […]


INC., LLC, PLC, HUH? THE BASIC STRUCTURES OF BUSINESSES

October 12, 2017

Over the next few newsletters, we will be doing a series on “The Basics” of a variety of things in our practice areas, including Trusts, Residential Real Estate Transactions, Probate, etc. In this Newsletter, we are starting with business structures and how they each differ from one another. Sole Proprietorship – A sole proprietor is […]


THE BASICS OF SECTION 1031 LIKE KIND EXCHANGES

February 2, 2017

Internal Revenue Code Section 1031 Like Kind Exchanges (LKE) can be incredibly beneficial upon the sale of income producing property, but are one of the most underutilized sections of the tax code. A LKE is a transaction or series of transactions that allows for the disposal of an asset and the acquisition of another replacement […]


Insurers Beware—Pay-For-Performance Program Used to Support Punitive Damages In Bad Faith Claim

July 20, 2015

An eleven year old girl, K.N.T., was seriously injured in an ATV accident. The drivers of the ATV were uninsured, so K.N.T.’s mother filed an uninsured motorist claim with her own insurance provider, American Family. The American Family claims manager responsible for the claim denied it, citing an exclusion contained in a generic American Family […]


Resources For Small Business Owners

July 8, 2015

If you own a small business, you know that it can be difficult to manage the day-to-day operations of the business while also keeping up with all of the rules and regulations employers must follow.  Fortunately, there are many resources available to assist small business owners on many topics, such as: Employees: If you intend […]


EXIT STRATEGY – THE IMPORTANCE OF SUCCESSION PLANS FOR SMALL BUSINESSES

September 14, 2014

Developing a successful business is not easy – it takes years of hard work and dedication. However, in developing their business, many business owners neglect a key aspect of planning – their exit strategy. Some may think it is too difficult to develop, that they won’t need a plan for a few more years, or […]