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Generally speaking, an indemnity agreement is a contract, or a provision within a contract, which determines the potential financial responsibility of a party to that contract. The effect of such an agreement is a transfer of risk, by which one party agrees to indemnify, or hold harmless, the other party against potential risks and losses....
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Partnerships can take various forms, and it’s important to understand the advantages and disadvantages of each prior to entering into one. The decision of whether to enter into a general partnership or a limited partnership is largely based upon how much each of the business partners wants to be involved in the operations of the...
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Determining the Business Terms Between You and Your Partners; Usually by the time clients have approached us for assistance in setting up their newfound business they have had some discussion concerning the terms of which they will operate their anticipated business relationship.  These things will include the business concept, up front capital costs, ownership percentages,...
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To understand if your situation requires a toxic tort lawyer, it is important to first identify and understand what toxic mold is.  Mold is a fungus which is essentially everywhere, and certain types of mold, known as toxic mold, may cause severe personal injuries and/or property damage. Toxic mold refers to those molds capable of...
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Let’s face it: Accident liability can be complicated. Especially when there are truck driver’s and a driver of another vehicle involved – or even a pedestrian, motorcyclist, or bicyclist involved – then it can quickly become one huge mess. The good news is that in most cases, a truck accident lawyer can help navigate you...
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With all the negative news we see today on TV and social media, it’s easy to feel like the world “just isn’t the same” anymore. Yet, what’s funny is that it’s just as easy to forget about all of the “bad stuff” we see and read about. We all have our own lives to maintain,...
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Insurance defense is not among the most glamorous of the sub-sets of the legal profession.  While we work hard to build relationships with our clients, we get retained by an insurance company or their third party administrators, and we meet our clients for the first time at that point.  We engage with our clients, and...
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In any business environment, it is critical to have legal documentation in place to establish a system of rules and policies governing the legal enforcement of promises.  Whether it be to simply memorialize a common understanding of an organizational relationship or govern future venture needs, the protections afforded by strong contracts are invaluable to operating...
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Home Construction Contract Tips For those individuals who are lucky enough to undertake a new home construction project or remodel a portion of their current home, the process is very exciting.  However, it can also be very stressful.  If you speak to anyone who has dealt with a construction project, it is likely that you...
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Recovering Attorney’s Fees in California One of the most often-asked questions we get at Bremer Whyte is whether clients can recover attorney’s fees expended in a civil suit.  Shifting the risk to the other party for incurred attorney’s fees is a powerful tool in preventing unnecessary and unwarranted litigation; and thus it’s an important consideration...
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S Corporations, C Corporations, and LLC’s: Understanding the Difference You know you need to organize your business, and you’ve heard terms like c-corp, s-corp, and LLC, but you don’t know the difference between them.  What do you do?  The most important thing to realize is determining which entity is right for you depends greatly on...
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Importance of Insurance in the Construction Industry As a construction law attorney, I have been representing homeowners, developers, general contractors, and subcontractors for over 18 years in a variety of construction litigation cases. In each occasion, the primary key to resolution, if possible is insurance. And sophisticated owners and contractors will always have an advantage...
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