What Is The Difference Between Arbitration and Litigation In a Business Law Dispute In Oklahoma

Arbitration and litigation offer two distinct methods for resolving business law disputes. Each has its own procedures, benefits, and drawbacks. Understanding these differences helps businesses choose the most appropriate method for their specific situation. Definition and Process Arbitration involves a private dispute resolution process where an impartial third party, known as an arbitrator, hears both sides and makes a binding…

In Oklahoma’s ever-changing business world, the question of whether to keep a business law attorney on retainer is a critical one. This decision can significantly impact the legal and financial health of your business. Navigating the complexities of business law in Oklahoma requires a nuanced understanding of various legal areas, from contract law to employment regulations. Access To A Lawyer…

Trying to dissolve a business in Oklahoma involves several steps to ensure you complete the process legally and efficiently. The method of dissolution depends on the type of business entity, such as a corporation, limited liability company, or partnership. Dissolve a Business Corporation The board of directors must adopt a resolution to dissolve the corporation, which outlines the reasons for…

An Operating Agreement is a legal document that outlines the ownership and operational procedures of a Limited Liability Company (LLC). This agreement details the responsibilities, rights, and duties of the LLC members and establishes the structure for management, decision-making, and profit distribution. In Oklahoma, having an Operating Agreement is crucial for several reasons, even though the state does not legally…

The tort of unfair competition in Oklahoma encompasses a range of deceptive and unethical business practices that can cause harm to other businesses. These practices typically involve the wrongful interference with another’s business or commercial relations. Understanding the elements of unfair competition and the available remedies is crucial for businesses seeking to protect their interests. Elements of Unfair Competition Unfair…

Understanding the Burden of Proof When you’re involved in a civil lawsuit in Oklahoma, it’s crucial to understand the burden of proof. This is about how much evidence you need to present in order to win your case. The burden of proof is a legal standard that helps the court decide whether the claims you make are more likely true…

When you’re involved in a business lawsuit or a family law action in Oklahoma, understanding how to answer a lawsuit is crucial. Once you get the petition in the mail the clock starts ticking. Its important to understand that to answer a lawsuit it really doesn’t matter if its a business or any other family law civil complaint the process…

If you believe a contractor commits fraud against you in Oklahoma, the first step is to clearly identify how the fraud occurred. Fraud in a contract case usually means that the contractor made false statements or promises that they never planned to keep. This could involve not starting a project after payment, using lower quality materials than agreed upon, or…

What is the Statute of Frauds in Oklahoma?

What the Statute of Frauds is consists of a legal doctrine whose creation is to prevent fraudulent claims. Further, it ensures the enforceability of certain types of contracts. In Oklahoma, the Statute of Frauds requires that certain agreements be in writing and signed by the party to be enforceable. This requirement helps provide clear evidence of the terms and existence…

When it comes to legal disputes, the awarding of attorney’s fees can add another challenge. In some instances, a party may be ordered to pay the opposing party’s legal fees. This can have a significant impact on the financial total of the case. But what happens if you believe this decision was incorrect or unfair? Can you file a civil…

Understanding Defenses To Piercing The Corporate Veil in a business relationship are critical to protecting you from potential liability. The corporate veil is a legal concept that separates the actions and liabilities of a corporation from those of its shareholders, officers, and directors. It is a tool that protects you from financial risk that’s taken on solely by your business….

Filing a breach of contract lawsuit in Oklahoma happens for many reasons. From unpaid loans you’ve made to someone to construction contracts, breach of contract cases can take many forms and result from many different disputes. When you are considering a breach of contract claim there are many things that you should consider and understanding the elements of a potential…

Navigating a cease and desist defamation warning letter can be tricky legally speaking. In the age of rapid information exchange and social media, the preservation of personal and professional reputations has become more of a challenge than ever. Defamation of character cases, which involve the protection of an individual’s reputation against unjust harm, are increasingly common. A crucial tool in…

Sending a cease and desist letter will usually make many people nervous, but sometimes it’s a necessity. A cease and desist letter is a formal written document sent to an individual or entity (such as a business or organization). This is often to demand that they stop engaging in a specific activity or behavior that is believed to be unlawful,…

In Oklahoma, you can access court records through various means, including online databases and by visiting the courthouse in person. Over the years the systems available for on line record searches has improved drastically. Used to be that available on line searches were nonexistent or otherwise nearly impossible to use. Technology has made access available for all sorts of legal…

A nuisance from a neighbor involves the law of private nuisance. If you’re living in Oklahoma and you’ve ever found yourself frustrated by a neighbor’s actions that disrupt your enjoyment of your property, it’s important to understand the law of private nuisance. This law is your shield against various forms of interference that can affect your quality of life. What…

Homeowners Associations in Oklahoma are found throughout most counties in our state. As a homeowner in Oklahoma, it’s important to understand the role and powers of Homeowners Associations (HOAs) and how they might impact your property rights. Importantly, an HOA is an organization that makes and enforces rules for the properties and residents within its jurisdiction. If you own a…

Disputes with a contractor are a common issue for homeowners. Regardless if you are building a new home or a remolding job construction disputes are common. These disagreements can arise due to various reasons, such as delays in project completion, budget overruns, or the quality of work not meeting expectations. It is crucial for homeowners to know how to navigate…

Home builder breaches his contract to build you the quality home promised you have recourse. When you commission the construction of your home, you enter into a contract expecting a certain standard of quality. Unfortunately, there are instances where the finished home may not meet the expectations set by your home builder’s promises. If you find yourself in such a…

The process for a breach of contract case is similar from one case to another. in Oklahoma If you’ve recently found yourself in a situation where you might be party to a breach of contract lawsuit, it is crucial to understand the legal process ahead. This kind of case may arise out of simple promises to pay, or more complex…

In Oklahoma, a breached contract to sell a house may be enforceable in court. The process of buying or selling a house can be a complicated task. It is often rife with numerous legal documents and intricate agreements. These agreements lay the groundwork for both buyer and seller obligations. If any party breaches these terms, it could lead to substantial…

Adverse possession in Oklahoma is a when a person does not have legal title to a property but still occupies like they do. The details of what is required to maintain and prove adverse possession are relatively complicated. These things don’t just happen by accident. To make an adverse possession claim, five separate elements must be satisfied. The required length…

Easement and property line disputes in Oklahoma are common but can be avoided. An easement is a legal right to use a specific part of someone else’s property for a particular purpose. In an Oklahoma property line dispute, an easement can provide a solution that allows both parties to use the land in question. If there is a property line…

Temporary Restraining Orders In Business Disputes in Oklahoma are possible but involves certain legal considerations. There are times in business when you may need to take urgent action to protect your business. This can include its valuable assets and properties, and its reputation from harm. If a competitor or a former business partner is doing something that directly threatens your…

Shareholder disputes a business partnership in Oklahoma make making goals for the business difficult. On the one hand a partnership can be a good way to operate a business. But, its important that the partners understand what they are getting themselves into. Often, one partner may have some unique talent in the industry that helps the business excel in its…

Easement disputes In Oklahoma are more common than many people believe. Sometimes a property owner will let someone else use part of their land for a limited purpose in Oklahoma–this is called an easement. Often called a “right-of-way” or access, an easement can be a part of the property owner’s land that someone else has received permission to go across,…

A well drafted buy-sell agreement for a business in Oklahoma is critical for transferring business assets. As a business owner, you know there are multiple ways to enter contracts with other business owners. You do it everyday as you run your business. You may be looking to outsource your payroll or find an induvial to deal with shipping products for…

Business Succession And Estate Planning in Oklahoma

Business Succession is an important part of well imagined estate planning. Life can change in the blink of an eye. One minute your life is excellent and exactly how you thought it would be. The next moment, you or a loved one needs immediate medical attention and may be recovering from a significant unplanned operation; you may be left to…

What Is A Severance Agreement, And Should I Have One in Oklahoma?

Leaving a job can be a terrifying decision to make. Especially if you do not currently have a new job lined up, finding out that you have been terminated from your current position can open up numerous questions for you and your family. You may start to wonder how or when you will find another job or how you will…

Getting a medical marijuana dispensary license in Oklahoma has very specific requirements. Medical marijuana has been legal in the state of Oklahoma since April 2015. Since the law was passed there has been a rush to open up dispensaries and grows throughout the state. With this rush medical marijuana laws have evolved to meet the new demand and other challenges….

If the other party gets a default judgment in a breech of contract case in Oklahoma you need to act fast. Contracts are meant to protect all parties involved in business and financial situations. One of the purposes of a contract is to outline the consequences that will result if any party breaches its obligations as defined by the agreement….

Calculating damages in a breach of contract case in Oklahoma is a little technical and takes some thinking. When someone violates a contract, the other parties to the agreement may suffer financial or other kinds of losses. Calculating the losses suffered in a breach situation can be complicated. Depending on the type contract and the kind of damage the requirement…

To dissolve a partnership in Oklahoma it requires that certain things happen first. Business partners sometimes try to dissolve a partnership in Oklahoma without the consent of the other partners. When someone enters a partnership, they may anticipate that the arrangement will last indefinitely. The problem with this type of thinking is that it leaves very little room for planning….

Things To Think About Before Investing In Medical Marijuana Industry in Oklahoma

Investing In Medical Marijuana in Oklahoma requires that you make certain allowances. Currently, marijuana for medical purposes is legal in Oklahoma, but it is still illegal for recreational use. Up to this point the state has not voted on a bill that allows marijuana use on a recreational basis. Recently, Oklahoma’s Governor Stitt announced that in March 2023 a special…

In the United States, most states have a small claims court division of their judicial system. In Oklahoma, the small claims court helps take smaller cases off the district court’s docket to free them up for more complex and severe claims, such as a million-dollar oil-spill case. By going to small claims court instead of filing your lawsuit in the…

Starting your own business in Oklahoma is an important time. Being a business owner is a way of of making money for yourself and making it your way. Starting your own business in Oklahoma will help you to finally offer your product or service to the world and receive compensation for it. There will be many things on your to-do…

It is important to accurately appraise the value of your business in a divorce case. A business interest is often a marital estate’s most valuable asset, even more valuable than any real estate holdings. Spouses may consider their business interests as inconsequential with little or no financial worth. But an Oklahoma court will assign some value to even a small,…

A Force Majeure clause in Oklahoma contracts is a basis some businesses turn to in hard times. Especially with the recent pandemic, many businesses have been looking to rely on force majeure clauses in contracts to get out of their obligations. But what exactly is a force majeure clause, how does it work, and can you get out of a…

Investing in an Oklahoma business can be a great opportunity. Maybe you feel the company has a huge potential because of a new product they have just launched, or you want to support their mission. Or, maybe being a business owner and being your own boss has tremendous appeal. Investing can be a great way to provide capital for a…

Mediation Vs. Arbitration clauses for construction defects in Oklahoma are common in many construction contracts. If you have recently hired a contractor to repair or replace something on your home or business, you have likely signed a contract that included some kind of mediation or arbitration provision. These provisions are in most service contracts and require the parties to go…

A frequently asked question is who pays attorney fees in a breach of contract case. The primary rule governing the payment of attorney’s fees has had an unusual recent history in Oklahoma. Nonetheless, the prevailing party can recover its attorney’s fees in some cases, including breach of contract cases. In many cases, current Oklahoma statutory law covers the payment of…

A Non-Competition Clause in Oklahoma is a contract between a business and its employee. You may have signed a covenant not to compete when you started a recent job. Many businesses have a standard clause in their employment agreement that restricts people who leave the company from starting or working for a competing business in the area. This type of…

An Oklahoma Injury caused by construction defects can be devastating causing serious personal injury or death to victims. Construction projects are a daily occurrence. Whether it is the construction of a new building, roads, or the repairs and maintenance of highways and facilities, there is always some form of construction going on around us. That is why it is no…

A properly organized and operated business offers levels of legal protection for its owners. This is a great benefit but these protections are limited in scope and area. A corporation or an LLC can provide the owner a liability shield from the company’s actions and debts. It does this while it remains an asset on the individual’s personal balance sheet….

Verbal contracts in Oklahoma are enforceable but be careful. Whether or not your specific verbal contract is enforceable, the short answer is, “It depends.” That is because only certain contracts are required to be in writing. But first, you might ask, “What is a contract?” A contract is an agreement between two or more persons to do or not do…

An arbitration clause is an agreement that any disputes will be settled by an arbitrator, who is a lot like a judge, in an arbitration hearing, which is like a court case. Arbitration clauses in Oklahoma contracts are very common with differing language regarding enforceability. Parties can use this kind of contract clause to settle most any type dispute that…

Under Oklahoma business law, a business owner can be personally liable for business debts, or responsible, for the debts of a business in certain cases. For most people, this is a frightening thought — the idea that you could be personally sued and potentially lose valuable items like your car or even your home, just because your business owes money…

What Are Some Ways To Organize A Business in Oklahoma?

When you open a new business you should know the ways to organize a business in Oklahoma. Under Oklahoma business law, there are a handful of ways to organize a new business, depending on the type of work you will be doing, the amount of time you want to spend on taking care of business details, and your ideals for…

Both Oklahoma state law and US federal laws recognize and protect trademarks and other intellectual property. Both state and federal law have processes to follow to register your trademark. Only US federal patent and trademark law provides the opportunity to recognize an incontestable trademark, however. The Value Of The Mark The law in Oklahoma trademark law defines a “mark” as…

Drafting construction contracts are supposed to contain the rights and duties of everyone involved in a given project. A clear construction contract allows both the contractor and the property owner to accurately reflect their expectations. It can prevent or mitigate stressful disputes, saving everyone time and money. Here are some tips provided by our Tulsa business law attorney that you…

Is a Liquidated Damages Clause Enforceable in Oklahoma Contracts?

Oklahoma law permits the use of a liquidated damages clause in business law contracts. However, these provisions must comply with all legal requirements to prevent a court from invalidating them. Liquidated damages provisions might provide some protection against liability in breach of contract cases. As an example, a construction project on your property requires more time than the company estimated….

Copyright attorneys help by both creating and protecting your copyright. Copyright laws protect your intellectual property and includes creative works of an aesthetic nature usually described as “works of authorship.” Examples of works protected by copyright laws are novels, paintings, musical works, movies, and plays. Under the law, copyright protections are available for any “original work of authorship fixed in…

What is an Oklahoma Trademark

An Oklahoma trademark together with a Federal trademark is a tool used to protect your property. A trademark is a type of intellectual property to exclusively identify a product or service with a particular business. Both Federal and Oklahoma Trademarks are usually obtained on words, slogans, and logos, but it is also possible to protect unique sounds, smells, and colors…

Homeowners Can Sue For Construction Defects Done by Contractors

Construction defects done by contractors are compensable in a contract dispute. Construction negligence of a contractor may result in poor quality construction or defective work at your home. Still other work may not have been done at all or half completed leaving the homeowner holding the bag. As a homeowner in Oklahoma, you can sue a contractor if there are…

Intellectual property rights are a hot topic in business law and litigation. The capitalistic system of American business provides a wealth of opportunity for entrepreneurs and businesses alike. However, the pace is fast and ever changing. As a result, it is important that you apply for the proper protections to keep your business yours. From trademarks and patents on to…

Is Oklahoma Bankruptcy Right For Me 10 Questions and Answers

If you’re asking yourself if Oklahoma bankruptcy is right for you you might want a free consultation with our Tulsa bankruptcy lawyers. Each year tens of thousands of people file bankruptcy. Most of the people that file have reached the end of their financial rope. Although the process once started is pretty straight forward there are lots of questions and…

A mechanics lien in Oklahoma is legal documents that basically preserve the rights of the person filing the lien. They are generally filed by businesses contractors, subcontractors, or suppliers. They file them when they haven’t received payment for work performed or materials that they provided for a specific piece of property. The lien encumbers the piece of land, the buildings…

Sometimes when a single person is beginning a small company of their own, they will form a Sole Proprietorship. For instance, some examples of sole proprietorships could be a bakery, a small service shop for vehicles, etc. In Oklahoma it is relatively simple to establish a Sole Proprietor business. This is a good way for many people to take advantage…

How to Form an LLC in Oklahoma is a concern for anyone interested in starting their own business in Tulsa. Business owners and entrepreneurs will often hire business law and formation attorneys to help establish their companies. In a large percentage of entrepreneurial endeavors, the owner will form an LLC, or Limited Liability Company. People choose to form an LLC…