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	<title>The Schmidt Firm, LLP &#187; Business &amp; Contract Litigation</title>
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		<title>Business &amp; Contract Litigation</title>
		<link>http://www.schmidtlaw.com/business-and-contract-litigation/</link>
		<comments>http://www.schmidtlaw.com/business-and-contract-litigation/#comments</comments>
		<pubDate>Fri, 15 May 2009 07:06:46 +0000</pubDate>
		<dc:creator>The Schmidt FIrm, LLP</dc:creator>
				<category><![CDATA[Business & Contract Litigation]]></category>
		<category><![CDATA[Business Litigation]]></category>

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		<description><![CDATA[A competitive business climate creates many incentives not to play fair. Some businesses and business people breach contracts that they should honor. Others encourage companies to breach good contracts, employ deception in their business practices, or take unprincipled actions to disrupt existing business relationships. Still others compete unfairly, over aggressively, and in disregard to the... <a href="http://www.schmidtlaw.com/business-and-contract-litigation/">Read More</a>]]></description>
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<p>A competitive business climate creates many incentives not to play fair. Some businesses and business people breach contracts that they should honor. Others encourage companies to breach good contracts, employ deception in their business practices, or take unprincipled actions to disrupt existing business relationships. Still others compete unfairly, over aggressively, and in disregard to the law.</p>
<p>The law fortunately provides many remedies for those injured by unfair, sharp business practices. Courts enforce contracts that should be honored, and they make wrongdoers pay attorney’s fees, court costs, and lost interest. Claims for fraud, tortious interference with business relationships, fiduciary duty, and business disparagement, as well as claims under the Deceptive Trade Practices Act, provide many ways to remedy unfair, aggressive, and deceptive business practices. Many of these so-called “business tort” claims impose heavy punitive damages on wrongdoers, in addition to compensatory damages and lost interest.</p>
<p>Business litigation requires highly capable attorneys, who possess many years’ experience, effective tactics and strategies, and great stamina. Attorneys who can try business cases to a jury also come in quite handy. And, attorneys must have settled and battle-tested relationships with qualified expert witnesses and consultants in order to achieve superior results in the business case.</p>
<p>The Schmidt Firm, LLP has the necessary credentials for demanding business cases. We routinely evaluate cases involving various contract issues and business torts, and we have concluded successfully many business cases. We fully inform each client on all available options. When appropriate, we counsel in favor of resolution, compromise, and cost savings. Also, when appropriate, we counsel in favor of relentless (but smart) litigation tactics right through a summary-judgment hearing or jury trial. We respond appropriately to each client’s business needs, we play smart, and we have many satisfied former business clients who would readily use us again.</p>
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		<title>Real Estate Litigation</title>
		<link>http://www.schmidtlaw.com/real-estate-litigation/</link>
		<comments>http://www.schmidtlaw.com/real-estate-litigation/#comments</comments>
		<pubDate>Fri, 15 May 2009 07:04:55 +0000</pubDate>
		<dc:creator>The Schmidt FIrm, LLP</dc:creator>
				<category><![CDATA[Business & Contract Litigation]]></category>
		<category><![CDATA[Business Litigation]]></category>

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		<description><![CDATA[Disputes frequently arise in the transfer, use, or construction of any real-property interest. Landlords and tenants disagree about the use of the leasehold estate, or about each other&#8217;s obligations under the lease. Vendors and purchasers of land frequently clash over hidden, unknown, or undiscovered conditions on the land that become important after the land is... <a href="http://www.schmidtlaw.com/real-estate-litigation/">Read More</a>]]></description>
			<content:encoded><![CDATA[<p>Disputes frequently arise in the transfer, use, or construction of any real-property interest. Landlords and tenants disagree about the use of the leasehold estate, or about each other&#8217;s obligations under the lease. Vendors and purchasers of land frequently clash over hidden, unknown, or undiscovered conditions on the land that become important after the land is sold; also, they battle over the land&#8217;s ultimate sales price, their competing obligations for taxes, and their obligations to obtain (or to accept) financing necessary for the sale. Contractors and building owners (or home owners) often collide over the value, quality, and timeliness of constructions or refurbishments.</p>
<p>Real estate litigation is a minefield for the inexperienced &#8211; only seasoned attorneys, using surgical precision and drawing on vast experience, can avoid the many dangers when representing a plaintiff or defendant in a real estate case. A successful resolution to a real estate dispute demands innovative thinking, stamina, sensitivity to each case&#8217;s peculiarities, and experience &#8211; but mostly experience. The Schmidt Firm, LLP has the right stuff &#8211; namely, the experience &#8211; to resolve successfully real estate disputes. When appropriate, we will counsel in favor of resolution, compromise and cost savings. Also, when appropriate, we will counsel in favor of relentless (but smart) litigation tactics right through a summary-judgment hearing or jury trial.</p>
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		<title>Partnership Disputes &amp; Shareholder Oppression</title>
		<link>http://www.schmidtlaw.com/partnership-disputes-shareholder-oppression/</link>
		<comments>http://www.schmidtlaw.com/partnership-disputes-shareholder-oppression/#comments</comments>
		<pubDate>Fri, 15 May 2009 06:58:24 +0000</pubDate>
		<dc:creator>The Schmidt FIrm, LLP</dc:creator>
				<category><![CDATA[Business & Contract Litigation]]></category>
		<category><![CDATA[Business Litigation]]></category>

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		<description><![CDATA[Partners owe high duties of loyalty to each other and to their partnership businesses. Officers and directors in small corporations, likewise, owe high duties of loyalty to their corporations and to their shareholders, particularly to their minority shareholders. Sadly many partners, officers and directors disregard their duties of loyalty and seek benefits for themselves &#8211;... <a href="http://www.schmidtlaw.com/partnership-disputes-shareholder-oppression/">Read More</a>]]></description>
			<content:encoded><![CDATA[<p>Partners owe high duties of loyalty to each other and to their partnership businesses. Officers and directors in small corporations, likewise, owe high duties of loyalty to their corporations and to their shareholders, particularly to their minority shareholders. Sadly many partners, officers and directors disregard their duties of loyalty and seek benefits for themselves &#8211; at the expense of their partnerships, their corporations or their shareholders. Such wrongful conduct often results from the desire to make money without having to share it with others or the desire to rid a company of unwanted participants.</p>
<p>The law provides many ways to remedy wrongs done to a partnership or corporation. The law contains claims for breach of fiduciary duty and fraud to punish partners who, while ignoring their duties of loyalty, have hurt their partners or partnerships. And for corporations, the corporate bylaws, the Business Corporations Act, and the various claims for breach of fiduciary duty work together very effectively in order to hold accountable errant officers and directors who have breached their duties of loyalty. Minority shareholders and freezed-out shareholders receive special protections.</p>
<p>The Schmidt Firm, LLP has significant experience in disputes arising within partnerships or within small corporations. We pursue the right strategy for the client &#8211; thereby structuring the case for early settlement, preparing the case for summary judgment, or pushing the case to trial.</p>
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