The growth of artificial intelligence (AI) is creating new opportunities and challenges for intellectual property (IP) rights. Businesses need to understand how laws may change as AI-generated works and innovations become more common. Who owns AI-generated creations?...
Commercial Litigation
When does a supplier’s mistake break the agreement?
A material breach occurs when a party fails to perform a core contractual duty. The error must be severe enough to undermine the agreement's very purpose. Minor mistakes, like short delivery delays or tiny quality issues, usually don't count. However, breaches like...
How can businesses protect electronic evidence in litigation?
Preserving electronic evidence plays a crucial role in commercial litigation. Mishandling or losing important data leads to legal problems or weakens a case. Knowing how to handle electronic evidence properly helps businesses avoid these issues. Use a legal hold A...
What are the implications of data breaches on contracts?
When a data breach occurs, it not only exposes sensitive information but also raises serious legal questions. One key concern involves the contractual obligations of all parties affected by the breach. Understanding contractual implications can help both businesses...
What happens if one party refuses to cooperate with discovery?
The discovery process is a crucial phase in litigation where both parties exchange information relevant to the case. This process ensures transparency and allows both sides to prepare their arguments effectively. However, when one party refuses to cooperate with the...
The harm of false advertising by a competitor
False advertising by a competitor can significantly harm your business. When a competitor makes untrue or misleading claims about their products, it creates an unfair playing field and negatively impacts honest businesses like yours. The consequences of false...
Third party rights and duties in breach of contract cases
When one party fails to uphold their end of the bargain, it can impact others involved. These others, often referred to as third parties, may have rights and duties affected by the breach of contract. What are third-party rights? Third-party rights in breach of...
How to remain on top of patent law
Business owners, inventors, and entrepreneurs should remain up to date on patent law to protect their intellectual property. Being aware of patent law can also help businesses avoid litigation. The more that you know about patent law, the more you can protect and...
Using a buy-sell agreement to control company ownership
Business disputes sometimes involve selling the ownership interest of a business partner to another person. In some cases, the other partners of the company might not want the potential successor to join the business. These and other related disputes are why a solid...
4 options for developers dealing with a breach of contract
Commercial property development in Massachusetts involves various intricate processes, and a key aspect is the contractual relationships formed with contractors. Unfortunately, there are instances where a contractor fails to meet the agreed-upon terms, leading to a...