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…
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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…
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What Makes a Non-Disclosure Agreement Unenforceable?
July 25, 2018A non-disclosure agreement is a type of restrictive covenant that employers often use as a condition of hiring employees. This type of agreement restricts an employee’s use of company information, which is often sensitive or confidential, both during and after his or her employment with the company. From an emplo…
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