Promise Me Not

Breach of contract lawsuits must have a foundation in a legally enforceable promise.

A breach of contract lawsuit isn’t quite as straightforward as many people might think. It isn’t just a matter of someone making a promise and then not following through. There is more to it than that, as not all promises are enforceable in a court of law. The real question becomes just what is a legally enforceable promise as compared to those little promises people make, and then don’t actually follow up on them.
To know what is enforceable is to know what is not enforceable, and that would include things like promises or jokes that a reasonable person wouldn’t take seriously; any undertaking made by someone under the age of 18; assurances made by someone with mental problems; oaths to commit illegal acts and pledges not in writing when they are required to be in writing. There are many other vows that are not legally enforceable as well, but these are best discussed with a skilled Sacramento business lawyer when discussing the possibilities of a breach of contract lawsuit.

There is a fairly strong emphasis on the use of the term “reasonable” in the justice system. This is due to the fact that many cases are decided on the basis of what a “reasonable person under similar circumstances” should have known or done. In other words, that “reasonable person” makes their presence known in the courtroom and to juries trying to arrive at a decision as to whether or not a legally enforceable promise has indeed been shattered. If a contract has been violated, the person who caused the damage (broke the promise) must make it up to the person who lost the benefit of the original promise in the first place.
Suffice it to say that a legally enforceable promise then becomes one made by an adult of sound mind to do or not do something on which another person relies. It’s often not quite that simple, which is why consulting an expert Sacramento business lawyer is a necessity in breach of contract cases. Deciding if a lawsuit is worth it, depending on the facts of the case, may be the first hurdle to surmount, as lawsuits are expensive. There is the option to sue in small claims court, but the limit in California is $7,500.
The best thing to do if faced with a possible breach of contract situation is to discuss all the details of the possible case with a Sacramento business lawyer. Choose battles like this wisely, as much may be riding on the outcome.

To learn more, visit Lawbarron.com.

Tough as the Dickens California DUI Laws

The most frequent violent crime committed in California is driving while under the influence of alcohol. The statistics are appalling.

California has an unenviable record of having the highest number of wrongful deaths caused by drunk drivers. In fact, the statistics show that on average, every year, over 42,000 people are killed in alcohol related crashes nationwide. In California, the yearly number of those killed in crashes is 4,229 with 36% of those being alcohol related deaths or 1,509; a staggering number of needless deaths.

It would then make sense that the laws in the Golden State are as tough as the dickens and that California leads the nation in DUI arrests. Law enforcement is deadly serious about stopping drunk drivers from killing others. Thanks to the state having two statutory offenses for DUI it is easier to make more arrests.

The first offense is called DWI, DUI or OWI meaning driving while intoxicated or impaired, driving under the influence, or operating a vehicle while impaired. No matter what it is called, charges laid for these offenses are based on police observations that include slurring while talking, driving erratically and possibly a roadside sobriety test. Other things will likely happen at the same time and they may include immediate suspension, a field sobriety test and checking ignition interlocking devices installed in the vehicle (if any).
The second offense is referred to as being “illegal per se.” This simply means that a person is driving with a blood alcohol content of 0.08% or higher. This has actually been an offense since 2002 in all 50 states.
The thing to remember about going to court in California is that offenders may find themselves facing a wide variety of penalties depending on the charges, e.g. causing death, personal or property damage and injury. Generally speaking, a first time offender may face jail time and/or probation from three to five years, pay a fine and lose their license for six months. This tends to vary with the specifics of the case and each case is different given the circumstances so “one shoe does not fit all” when it comes to punishment on conviction.

Second offenses within seven years of the first offense may face more jail time, fines of up to $10,000 and suspension of driving privileges for not less than three years. Again, the facts of the case will make the difference in how it is handled when or if it does get to court. Interestingly enough, there are two schools of thought on automatically finding drivers guilty. Some attorneys feel a driver then loses their right to have a trial by jury. On the other hand, there are lawyers who argue that legal per se is a preventative measure to stop a drunk driving death every 30 minutes. Suffice it to say that the “jury” is still out on this issue and in the meantime, the DUI justice system carries on.

If the convicted offender chooses to continue to drink and drive, each subsequent offense nets longer jail terms and higher fines. If that person hits their fourth charge, this is considered to be a felony DUI. Felony DUIs definitely require the expertise of a skilled attorney.

To learn more, visit Lawbarron.com.

The Necessity of a Business Litigation Lawyer

Not many people understand the role that a business litigation lawyer plays. Simply put, they handle the lawsuit when there is a judicial contest against a business.

It goes without saying that any business, regardless of size, needs to have a comprehensive general business policy in place. Why? Without having a general business policy in place, the problems would be monumental. Along with the stated company policies there must also be a well written company employee manual and company procedures. In the event of a lawsuit, these documents are paramount.

This is where the services of a Sacramento business lawyer/ litigator come into play. A business litigator is a Sacramento business lawyer who handles actual court cases. This is not to be confused with transactional lawyers who deal with contracts and corporate matters only. In other words, the business litigator has the skill set and experience to handle the demands of business lawsuits in a court setting.

While it’s not always a good idea to go to court, it solely depends on how high the stakes happen to be in the case. Litigation does have some definite advantages and one of those is the potential financial gain. In fact, one of the leading disputes in business lawsuits usually deals with money. In cases like this, it is possible to get punitive and compensatory damages as settlement.

Oftentimes the plaintiff will be applying for injunctive relief to stop a competitor or ex-employee from blabbing a trade secret around town. If it doesn’t make sense to litigate from a strategic point of view, then there are usually other alternatives to be considered and your business lawyer will spell them out for you (alternative dispute resolution). This kind of decision, to sue or not, is often based on whether or not you have the upper hand in the lawsuit. If not, it might not make sense to proceed. After all, you have to think about the future of your business as well.

Taking a business lawsuit to court is by no means an easy task. It involves hundreds of hours of prep time. If you happen to be facing a lawsuit, you will thank your lucky stars that you had the sense to have a set of company policies put in place as a preventive measure for this very type of situation. Never underestimate the value of having a corporate compliance program.

Whether or not you ultimately choose to file a lawsuit or opt for alternative dispute resolution, speak to a highly skilled Sacramento business lawyer to define the lay of the landscape prior to making any decisions.

Deborah Barron is a Sacramento business lawyer, Sacramento employment lawyer, and Sacramento winery lawyer in California. To learn more, visit Lawbarron.com.

Today’s Definition of Intellectual Property Rights

When you think about intellectual property, “think” is the most descriptive term that suits what it means.
That’s right, when you think something and it is created, it is referred to as intellectual property – a creation of the mind. This would apply to inventions, images, symbols, designs, artistic works, literary works and even names used commercially; say for instance Nike Air Jordan shoes. What kid doesn’t want a pair of those?

To put this another way, think about protecting those conceptions of the mind and you are on the right track if you realize that those mind creations are actually property. Thus intellectual property rights are granted for handiworks of the mind. Those creations “belong” to someone and should not be infringed upon. Aside from the fact that the ideas and works should not be stolen, there is an underlying principle that recognizes people who create ought to be rewarded for their innovations, often financially, so they keep on creating.

Without confusing the issue too much, there are two types of intellectual property: copyright and industrial property. Industrial property lays claim to patents, industrial designs and trademarks. Trademarks are used to differentiate one product from another and that usually means using things like sounds, smells, signs, shapes, symbols, colors and brands.

Patents give the inventor a window of opportunity to stop others from creating, using or selling their inventions or creations without being authorized. On the other side of the coin, copyright applies to artwork like sketches, photos, sculptures and paintings, and literary works such as films, plays, books and poems. There are other areas covered as well, but for a full discussion of this area of law, it’s best to speak with a Sacramento business lawyer who has expertise in this area, as it’s a complex domain and sometimes understanding what is protected and why is a bit difficult to grasp.

Copyrights give authors the exclusive right to their works, but for a defined period of time. Again, discuss this with a Sacramento business lawyer who will also explain that copyrights must be renewed if the original creator wants the chance to promote their creation and derive financial benefit from it.
If you feel that your intellectual property rights have been violated, discuss your potential case with a Sacramento business lawyer to determine if you indeed have a case. Intellectual property rights cases tend to be complex and lengthy, but that is not to say they are cases that can’t be won.

Deborah Barron is a Sacramento business lawyer, Sacramento employment lawyer, and Sacramento winery lawyer in California. To learn more, visit Lawbarron.com.