People seem to be confused on what constitutes a contract.  Often times people think that a contract is a written document signed by the parties  involved.  That is not always the case.  A contract can be written, oral, partially written and partially oral.  It can also be based upon conduct.

The Restatement of Contracts says: “A contract is either express or implied.  An express contract is one, the terms of which are stated in words.  An implied contract is one, the existence and terms of which are manifested by conduct.”

Express and implied-in-fact contracts have the same legal effect, but differ in how they are proved at trial: “‘Contracts may be express or implied. These terms, however, do not denote different kinds of contracts, but have reference to the evidence by which the agreement between the parties is shown. If the agreement is shown by the direct words of the parties, spoken or written, the contract is said to be an express one. But if such agreement can only be shown by the acts and conduct of the parties, interpreted in the light of the subject-matter and of the surrounding circumstances, then the contract is an implied one.’” (Marvin v. Marvin (1976) 18 Cal.3d 660, 678)

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Robert G. Klein, Esq. is a Los Angeles trademark attorney, business litigation attorney lawyer and a Los Angeles business lawyer who specializes in trademark infringement, copyright infringement, business torts, breach of contract actions and unfair competition. He feels it is important to hire a Los Angeles trademark lawyer and a Los Angeles business lawyer if one is involved in litigation in that locale. Robert G. Klein is a prominent Los Angeles business attorney and is available for consultation on matters involving trademark infringement, copyright infringement, breach of contract cases, business torts, fraud, and business law matters. He has successfully obtained many multi-million dollar jury verdicts. Many of Mr. Klein’s court decisions have been published as case authority and he has appeared before the United States Supreme Court for oral argument. Mr. Klein has also published “Consumer List: Trade Secret or Fair Game?”, which is an article published in the Los Angeles Lawyer Magazine. Los Angeles trademark infringement attorney Robert G. Klein can be reached at (213) 996-8508 or visit our web site at http://www.kleinlitigation.com

His emphasis is on trademark infringement, unfair competition and trade secret litigation. Los Angeles trademark infringement lawyer Robert G. Klein has acted as lead counsel in approximately 60 trials.

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Business litigation is a broad term that could encompass almost any business vis-a vis business dispute.  Business litigation could involve claims for breach of contract, an infringement of intellectual property rights, claims of fraud or interference with economic interests, claims of unfair competition, or other business torts.  It almost always involves one company seeking money from another company.

When there are claims for money damages in business litigation, the party seeking the damages usually engages in discovery to prove damages and if the claim involves lost profits financial records are often the target.  When a party requests financial documents from another party or asks interrogatories on sensitive financial records, there is often an issue of a party’s right to privacy.

The right of privacy contained in the California Constitution (Art. 1, § 1) is limited to “people,” meaning natural persons. It does not apply to corporations. [Roberts v. Gulf Oil Corp. (1983) 147 CA3d 770, 791, 796–797].  Nevertheless, the courts will usually grant a protective order precluding the disclosure of confidential financial information to people outside the litigaiton, but will also order the information be produced to the litigants provided that it is relevant to the litigation, or likely to lead to the admissible evidence at the  time of trial.

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Robert G. Klein, Esq. is a Los Angeles trademark attorney, business litigation attorney lawyer and a Los Angeles business lawyer who specializes in trademark infringement, copyright infringement, business torts, breach of contract actions and unfair competition. He feels it is important to hire a Los Angeles trademark lawyer and a Los Angeles business lawyer if one is involved in litigation in that locale. Robert G. Klein is a prominent Los Angeles business attorney and is available for consultation on matters involving trademark infringement, copyright infringement, breach of contract cases, business torts, fraud, and business law matters. He has successfully obtained many multi-million dollar jury verdicts. Many of Mr. Klein’s court decisions have been published as case authority and he has appeared before the United States Supreme Court for oral argument. Mr. Klein has also published “Consumer List: Trade Secret or Fair Game?”, which is an article published in the Los Angeles Lawyer Magazine. Los Angeles trademark infringement attorney Robert G. Klein can be reached at (213) 996-8508 or visit our web site at http://www.kleinlitigation.com

He emphasizes on trademark infringement, unfair competition and trade secret litigation. Los Angeles trademark infringement lawyer Robert G. Klein has acted as lead counsel in approximately 60 trials.

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There are three different standards of appellate review.  The easiest burden for an appellant is the independant or de novo review.  That is when the Court of Appeal reviews the case in full as if it were being presented for the first time.  This standard of review applies when the contract interpretation is the issue or whether the case in the trial court was decided on summary judgment.

The second level of standard of review is the abuse of discretion standard.  Under this standard the Court of Appeals looks to see if the trial court acted in a manner that is capricious or arbitrary.  Great latitude is given to the trial courts and it is difficult to overturn a verdict or judgment under the abuse of discretion standard of appellat review.

The final standard of review is the substantial evidence standard of review.  This is the most difficult standard to overcome for an appellant.  Under this standard the Court of Appeals merely looks if there was sufficient evidence to support the judgment or verdict.

The “substantial evidence” standard applies where the appealed ruling turns on the trial court’s determination of disputed fact issues.
Cases law holds that when a trial court’s factual determination is attacked on the ground that there is no substantial evidence to sustain it, the power of an appellate court begins and ends with the determination as to whether, on the entire record, there is substantial evidence, contradicted or uncontradicted, which will support the determination.

The standard of appellate review if often a subject of disagreement between the appellant and the respondent.  The standard of appellate review is instrumental in the outcome of cases on appeal.

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Robert G. Klein, Esq. is a Los Angeles trademark attorney, business litigation attorney lawyer and a Los Angeles business lawyer who specializes in trademark infringement, copyright infringement, business torts, breach of contract actions and unfair competition.  He feels it is important to hire a Los Angeles trademark lawyer and a Los Angeles business lawyer if one is involved in litigation in that locale.  Robert G. Klein is a prominent Los Angeles business attorney and is available for consultation on matters involving trademark infringement, copyright infringement, breach of contract cases, business torts, fraud, and business law matters.  He has successfully obtained many multi-million dollar jury verdicts. Many of Mr. Klein’s court decisions have been published as case authority and he has appeared before the United States Supreme Court for oral argument. Mr. Klein has also published “Consumer List: Trade Secret or Fair Game?”, which is an article published in the Los Angeles Lawyer Magazine. Los Angeles trademark infringement attorney Robert G. Klein can be reached at (213) 996-8508 or visit our web site at http://www.kleinlitigation.com

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