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What Terms Should Be Included in a Settlement Agreement?

By Edelboim Lieberman |

Many business contract disputes are resolved via settlement. Settling a dispute avoids the costs and inherent uncertainty of litigation, and it allows both parties to get back to business as usual. While most settlements involve one party paying the other, the amount of the settlement is just one of several key terms. All of… Read More »

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When Is It Time to Consider a Business Bankruptcy?

By Edelboim Lieberman |

While filing for bankruptcy under Chapter 11 can provide much-needed financial relief to struggling businesses, a bankruptcy filing isn’t the right choice in all scenarios. Among many other factors, timing is a key consideration, and business owners and executives must ensure that when they decide to pursue bankruptcy (if they decide to pursue bankruptcy),… Read More »

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Collecting on a Commercial Judgment: What Happens When You Win and the Other Party Doesn’t Pay?

By Edelboim Lieberman |

You took another company to court, and you won. The judge ruled in your company’s favor, and now your company is entitled to damages. There’s just one problem: The other company won’t pay. What happens in this scenario? This scenario isn’t uncommon. The fact that a company is legally required to pay damages doesn’t… Read More »

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Understanding the Remedies in Commercial Contract Litigation

By Edelboim Lieberman |

When dealing with a breach of contract, pursuing litigation may be the only practical option for enforcing a company’s contractual rights. If settling isn’t in the company’s best interests (or isn’t an option under the circumstances at hand), going to court provides a means of obtaining a certain outcome and an enforceable judgment. Potential… Read More »

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When Should Businesses Consider Bankruptcy as an Alternative to Litigation (or Arbitration)?

By Edelboim Lieberman |

Media outlets will occasionally pick up stories of companies filing for bankruptcy in order to avoid litigation. Usually, these companies are portrayed as bad actors that are taking advantage of the bankruptcy process to avoid liability for their misdeeds. But, when the U.S. Bankruptcy Code allows a company to file, there is nothing wrong… Read More »

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10 Factors to Consider Before Settling a Commercial Contract Dispute

By Edelboim Lieberman |

Settling a commercial contract dispute allows the parties to move on. Once they settle, they can get back to business as usual, and this is often not only in their own best interests but in their customers’ best interests as well. Of course, settling also reduces the costs of dispute resolution, and it avoids… Read More »

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When Does It Make Sense to Consider Commercial Arbitration?

By Edelboim Lieberman |

While litigation is always an option for resolving commercial disputes, it isn’t always the best option available. In many cases, alternatives to litigation can prove to be more cost-effective while providing other benefits as well. An experienced Miami commercial litigation attorney will help business owners, executives and in-house lawyers carefully weigh all options and… Read More »

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A Closer Look at Some of the Benefits (and Limitations) of a Chapter 11 Business Bankruptcy

By Edelboim Lieberman |

Filing for bankruptcy under Chapter 11 allows companies to reorganize their debts so that they can sustainably manage their financial obligations on an ongoing basis. For struggling companies, filing under Chapter 11 can save them from going under, and it can also help ensure that their financial strain does not have a negative impact… Read More »

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Business Torts: What Are They and How Do You File (or Defend Against) a Tort Claim?

By Edelboim Lieberman |

Most commercial litigation involves one of two main types of claims: Parties either file claims based on the terms of their commercial contracts, or they file claims for business torts. While both types of claims present numerous complexities and can take a variety of different forms, business tort claims seem to be far less… Read More »

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Commercial Contract Disputes: What Happens When Parties Disagree About Contract Terms?

By Edelboim Lieberman |

Contracts make the business world go round. They are fundamental to all types of commercial relationships, and they establish the terms and conditions under which businesses supply goods, perform services and get paid. But they can also lead to disputes. In some cases, commercial contract disputes are fairly straightforward. For example, if one party… Read More »

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