Who Pays Attorney Fees In A Breach Of Contract Case in Oklahoma?

Attorney Fees In A Breach Of Contract

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…

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What Is A Non-Competition Clause in Oklahoma?

Non-Competition Clause

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…

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Who Is Liable For An Injury Caused By Construction Defects?

Injury Caused By Construction Defects

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…

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Can I Put My Business In A Trust in Oklahoma?

Business In A Trust

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….

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Can I Enforce Verbal Contracts In An Oklahoma Construction Dispute?

Pre-Existing Injury For Workers Compensation

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…

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What Is An Arbitration Clause in Oklahoma Contracts?

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…

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A Business Owner Can Be Personally Liable for Business Debts

Age Of Consent and Statutory Rape

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…

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What Are Some Ways To Organize A Business in Oklahoma?

Kelly Sweeny, Esq.

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…

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What Is An Incontestable Trademark And How Do I Get One?

Incontestable Trademark

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…

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Tips For Drafting Construction Contracts

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…

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Is a Liquidated Damages Clause Enforceable in Oklahoma Contracts?

Child Decide Which Parent They Want To Live With

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….

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Copyright Attorneys in Oklahoma

Mediation In Child Custody

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…

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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…

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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…

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Intellectual Property Rights in Oklahoma

Intellectual Property

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…

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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…

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What is a Mechanics Lien in Oklahoma

Construction Lawyers in Tulsa

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…

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Sole Proprietor Business: Start-Up Guide

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…

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Tulsa Lawyers How to Form an LLC in Oklahoma

How to Form an LLC in Oklahoma

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…

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