How Does Discovery Work in Business Litigation?
August 23, 2018Discovery can occur before, during, and after a lawsuit. Parties can obtain deposition testimony or other discovery before a lawsuit is even filed if it is necessary to preserve evidence, under rule 27 of the Arizona Rules of Civil Procedure. For example, a key witness may be preparing to leave the country before t…
Details
Defining the Material Breach of a Contract
August 21, 2018When you enter into a contract for goods or services, you expect the other party to honor that contract in good faith. The other party’s unexpected breach, however, can significantly disrupt and stall your business plans and cause serious losses. To recover on a claim for breach of contract, the plaintiff must sa…
Details
Can There Be a Mandatory Buy-Out of an LLC Member?
August 20, 2018Majority shareholders of corporations can, in certain situations, force a buy-out of the minority’s shares, under A.R.S. § 10-1434. Not so for limited liability companies. A mandatory buy-out of a dissenting LLC member is not an option under Arizona law in virtually identical circumstances. Under A.R.S § 29-785…
Details
