This is one of the most common claims between individuals as well as businesses and their respective partners. A breach can occur when a party fails to uphold his or her obligations pursuant to a written or oral agreement. Bezdik Kassab represents parties suing or defending against such claims in various contexts, including employment agreements, partnerships, leases and agency contracts. Potential remedies include direct damages (benefit of the bargain), incidental damages (money spent to mitigate the effect of the breach) and/or consequential damages. A breach of contract claim can also sometimes lead to the recovery of attorney fees.

Where one party (i.e. business partner, joint venturer etc) who owes a duty of good faith to another breaches that duty. A fiduciary duty is an obligation to act in an individual’s best interest due to the nature of the relationship. When a party enters into a fiduciary relationship, he or she cannot take advantage of the other or work to undermine their interests. Examples of parties entering into a fiduciary relationship include financial partnerships, joint business ventures, doctor-patient, attorney-client, broker/agent-buyer/seller, etc. A party asserting a breach of fiduciary duty claim can potentially recover actual damages in addition to punitive damages. Bezdik Kassab can bring and defend against such claims.

This cause of action is codified under California Business & Professions Code section 17200 et seq. and involves a party engaging in an unfair, unlawful and/or deceptive trade practice. The conduct includes false representations, false advertising, breach of restrictive covenants and trademark infringement. Bezdik Kassab Law Group has experience litigating hundreds of these types of claims in California state and federal courts.

A fraud claim involves a misrepresentation of fact(s) by a party with the intent to deceive and upon which the injured party relies and suffers damages as a result. Fraud is high liability and a judge or jury who finds fraud can potentially award a claimant actual and punitive damages to make the injured party whole and to punish the defendant. A negligent misrepresentation claim involves the same elements of fraud except that the party committing fraud acts negligently instead of with the intent to deceive. Contact Bezdik Kassab to file or defend your interests against high liability fraud claims.

Where a party breaches a duty of care, imposed by statute or contract, owed to another that caused harm. Negligence is either the failure to do something that a reasonable person would do under given circumstances or the doing of something that a reasonable person would not do under the given circumstances. In addition to showing a duty owed, the injured party must prove a breach of that duty, causation and damages, such as out-of-pocket expenses and emotional distress.

Dispute over the rights and liabilities among business partners. Such a conflict can disrupt normal business operations and negatively impact the success of your business. Common reasons include a breach of a fiduciary duty or a dispute over how the business’ resources and/or expenses should be used. Bezdik Kassab can assist you with resolving and/or avoiding a potential partnership dispute.

This claim involves the theft of trade secrets – when one party wrongfully steals something of value that is not publicly disclosed. Trade secrets are often comprised of customer lists, sensitive marketing information, unpatented inventions, software, formulas and recipes, techniques, processes, and other business information that provide a company with a business edge. Trade secrets are typically protected by non-disclosure agreements (NDA). The attorneys at Bezdik Kassab have the experience to protect your trade secrets and seek the maximum recovery for any misappropriation of your most valuable assets.

Often times in a landlord-tenant relationship, there are disputes that may infringe on your legal rights. Issues include failure to pay rent, possession, nuisance, holdover and repairs. Whether you are leasing or renting a residential or commercial property, the attorneys at Bezdik Kassab can counsel you and protect your interests to reach an efficient resolution of your dispute.

One party’s communication injures the reputation of another and causes harm. Defamation can take the form of slander (spoken) or libel (written). To prove defamation, a party must show a false statement injuring one’s reputation, that is communicated to at least one third party with fault amounting to at least negligence and that the party has suffered damages. Punitive damages can be recovered if the plaintiff proves malicious intent.

Whether you have created an original drawing, graphic, design, sculpture, recording, brand or product name or logo, you want to ensure that your work is copyright-protected or trademarked to minimize the ability of a third party to infringe on your intellectual property rights. The attorneys at Bezdik Kassab can assist you with registering your copyright or trademark and protecting your interests in the event of an infringement. Learn more about Bezdik Kassab’s Intellectual Property practice here.