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What Happened When Parties to a Commercial Contract Included a Term That Modified a Non-Modifiable Statutory Notice Period??
Poole Huffman, LLC

When two sides negotiate and enter into a commercial contract, the law gives them very wide latitude in how they structure that deal and what terms they put into the final contract. The law does not, however, gives parties carte blanche in what they do; there are certain things that are out of bounds as…

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Patterns of Racketeering Activity, Rico Enterprises, and Obtaining a Dismissal of a Rico Claim in Georgia
Poole Huffman, LLC

Being served with a lawsuit is stressful for any business owner. Being served with a civil Racketeer Influence and Corrupt Organization (RICO) Act lawsuit — with its ominous-sounding title and the risk of possibly owing triple damages(!) — can be eminently more stress-inducing. Before having a panic attack, however, keep in mind that many civil…

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The Impact on Your Georgia Commercial Lease of Making (or Allowing) a Late Rent Payment, a Partial Payment, or No Payment
Poole Huffman, LLC

When a commercial tenant feels that it cannot timely pay its full rent obligation, this potentially creates issues for both the tenant and the landlord. A landlord can begin taking action or can allow the tenant to pay late and/or pay less than the full rent. Both landlords and tenants need to know that, when…

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How the Definitions You Use in Your Commercial Agreement May Hold the Key to Winning Your Breach of Contract Case in Georgia
Poole Huffman, LLC

A recent ruling from the 11th Circuit Court of Appeals (whose decisions directly control federal cases in Georgia, Florida, and Alabama,) is a reminder that even the most seemingly perfunctory parts of an agreement, up to and including the definitions contained in the contract, can be crucial. Whether you’re negotiating a commercial agreement or seeking…

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Several Ways that You Can Defeat a Federal RICO Claim (and How Georgia’s RICO Law Differs)
Poole Huffman, LLC

Non-lawyers often associate the Racketeer Influenced and Corrupt Organizations (RICO) Act with mobsters and gangs. RICO’s reach spans far beyond that, though. The statute allows for civil actions, making a federal RICO claim a potentially powerful weapon in a business dispute. Pleading requirements for federal civil RICO are complex, however, creating many traps for the…

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Succeeding in a Commercial Contract Breach Case in Georgia After the Other Side Defaults
Poole Huffman, LLC

When it becomes necessary to sue a supplier, a distributor, a designer, or another commercial contract partner, you probably have some general expectations. This includes facing vigorous opposition. So, you may wonder, what do you do if the entity you sued simply does… nothing? Fortunately, the law has a process for that but, like all…

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When Money Alone Isn’t Enough: Obtaining Injunctive Relief in Your Georgia Contract Dispute Case
Poole Huffman, LLC

Sometimes, what you need from your commercial contract litigation action is an appropriate sum of money damages to compensate you for the harm you suffered before and during the litigation. Sometimes, though, no amount of money can compensate you for the harm someone’s misconduct is causing. When that happens, there’s another option for relief. It’s…

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Termination Clauses in Commercial Contracts, and How the Right One Can Help When the Other Side Sues for Breach of Contract in Georgia
Poole Huffman, LLC

When you’re negotiating a commercial contract, there are many things on which you may be focusing during that process. Most of them will probably relate to aspects of what will transpire during the life of the arrangement. What’s essential not to overlook, though, is also getting the best “out” options possible. A good termination clause…

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Technical Experts, Unreliable Methodologies, and Litigating a Commercial Contract Breach in Georgia
Poole Huffman, LLC

Your business likely includes various elements of highly industry-specific knowledge. That can present a challenge if you encounter a need to bring a breach of contract lawsuit, as one or both sides may require experts to help the court make sense of the technical issues. When that happens, it is essential to ensure that the…

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What a Brewing Dispute Overseas Can Teach You About Your Commercial Contracts Here in Georgia
Poole Huffman, LLC

In the early days of the COVID-19 pandemic, shelter-in-place and other “lockdown” orders had many impacts, including impacts on the performance of commercial contracts. Once again, a commercial contract and COVID-19 are together in the news, although this time it has nothing to do with lockdown orders. Nevertheless, this latest development once again makes for…

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