Do Members of LLCs Owe A Fiduciary Duty To Each Other in CT?
A limited liability company is essentially a combination or mix of a corporation and a partnership. The LLC as an entity provides the flexibility of a partnership with the ability to govern and create ownership interests similar to a corporation. The legislature codified the framework for LLCs in Connecticut in Title 34, Chapter 613 of […]
Lost Profits Must Be Reasonably Certain for Breach of Contract Claims
The burden to prove damages is always on the Plaintiff, or the party that brings the lawsuit. Many times I receive calls from prospective clients who believe they have significant amount of damages. However, under Connecticut law damages are only recoverable to the extent that the evidence affords a sufficient basis for estimating their amount […]
Are Breach of Contract Disputes Governed by Terms of Contract Alone?
You might think so, but generally whether the terms alone govern a dispute depends on the language in the contract. When a contractual relationship breaks down, parties that previously agreed to terms of a contract suddenly no longer agree on the meaning of key terms. Many times parties to a contract have evidence that supports […]
Prevention of Performance and Breach of Contract
A recent Connecticut Supreme Court case (Blumberg Associates Worldwide, Inc. v Brown & Brown of CT) addressed the prevention doctrine in breach of contract cases. Under the prevention doctrine if a party to a contract prevents, hinders, or renders impossible the occurrence of a condition precedent to his or her promise to perform, or to […]
What To Do If You Suspect Your Business Partner Is Stealing – Some Basics
In any case involving theft by a business partner or business dispute, it is very important to have an understanding of the basic issues and legal framework. Although these cases often involve complex problems, you cannot determine a good course of action without starting with the basics. Here are 5 of the basic issues […]
No Contract, No Problem – Charter Oak Gets A Chance To Prove Its Case
In a decision that will be officially release tomorrow (download)the Connecticut appellate court ordered a new trial in favor of Charter Oak Lending for the claims it brought against employees who defected to a competitor. Unless there is a successful appeal to the Connecticut Supreme Court, this means Charter Oak will get a second chance to prove its claims against the key employees despite […]
Do You Need A Contract To Stop A Former Employee From Competing?
The short answer is yes, a business does need a contract, also known as a "non-compete agreement," to prevent a former employee from fairly competing in business once the employee resigns. Even with a written agreement, there are limitations on non-compete agreements because they are viewed as a restraint of trade. To be enforceable, the restrictions in the […]
Connecticut Business Litigation And Improper Interference With A Business Contract
Unfortunately, all too often business competitors resort to unfair and improper tactics to gain an advantage in business. A common example occurs when a competitor maliciously or intentionally interferes with a company’s contracts or business relationships. When this occurs, businesses have to consider whether a legal remedy is available. In Connecticut, courts have long recognized the business litigation […]
Getting A Contract In Writing Does Not Always Satisfy The Statute Of Frauds
One of the first things lawyers check for when contesting an oral contract is the statute of frauds. The statute of frauds comes from an English rule dating back to the 1600’s. At its most basic level, the statute of frauds requires certain types of contracts to be in writing or else they are not […]