How can you defend against alleged breach of contract?
Russell Mirkovich & Morrow Law | Long Beach Maritime, Transportation And Business Law Blog
by indraneildeyexela
2d ago
If you’ve been in business for a while, then you know that you need to be careful when you negotiate and sign off on business contracts. A seemingly minor mistake in the process can lead to serious ramifications for you and your business, including lost revenues and damage to your reputation. The same holds true if you’ve been accused of breaching a contract. So, if you’ve been accused of failing to adhere to the terms of a contract, then you need to know how to properly defend yourself. Defense strategies when facing breach of contract allegations The specific defense that you implement in yo ..read more
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Shipping, trucking and unfair competition
Russell Mirkovich & Morrow Law | Long Beach Maritime, Transportation And Business Law Blog
by willcrainexela
1w ago
While California ports have had their share of problems in recent years, including labor disputes and shipping bottlenecks, a major port on the East Coast has been rocked by allegations of unfair competition. The Port of Philadelphia has expanded in recent years, and business is booming. However, a group of trucking companies claims that state officials have given preferential treatment to one company, Holt Logistics, allowing it to prevent other businesses from gaining a greater foothold in the market. Pennsylvania has spent hundreds of millions of dollars building new infrastructure for the ..read more
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Tips for building your maritime personal injury case
Russell Mirkovich & Morrow Law | Long Beach Maritime, Transportation And Business Law Blog
by willcrainexela
2w ago
When you’re injured on a vessel in navigable waters, then you might qualify for benefits under the Jones Act. However, unless you can prove negligence, the compensation that you recover pursuant to this law are limited in scope. Practically speaking, you’ll only be able to recover money for maintenance and cure, which only help cover your medical expenses and your day-to-day living expenses. If you can prove that your employer was negligent, though, then you open the possibility of recovering additional damages. In those instances, you need to think about taking additional maritime personal in ..read more
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Articles of organization for an LLC
Russell Mirkovich & Morrow Law | Long Beach Maritime, Transportation And Business Law Blog
by willcrainexela
1M ago
A Limited Liability Company, or LLC, is one of several types of a business structures available to business owners who are just starting out. An LLC has several advantages, included liability protection for business owners and pass-through taxation. If you have chosen to make your business an LLC in California, there are several steps you must take. One of the main steps of the process involves filing the articles of organization for your LLC with the Secretary of State’s office. What information should be included? The purpose of articles of organization is to provide information about your b ..read more
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What is a both-to-blame collision clause?
Russell Mirkovich & Morrow Law | Long Beach Maritime, Transportation And Business Law Blog
by willcrainexela
1M ago
Ships carrying cargo sometimes collide with other ships for various reasons. Sometimes determining responsibility for the collision can be difficult or impossible. When two ships collide, either one or both were likely negligent. Rather than go through the complicated process of determining or apportioning liability, carriers can include a both-to-blame collision clause in their marine insurance policy. Marine insurance policies are a necessity in today’s maritime industry These policies provide coverage to vessels for losses sustained from collisions, sinking, being stranded, fire, piracy or ..read more
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Which business structure should I choose?
Russell Mirkovich & Morrow Law | Long Beach Maritime, Transportation And Business Law Blog
by willcrainexela
2M ago
If you are thinking about opening a business, it’s important to consider which type of structure might be the best fit for you. Business entity choices There are four general business structures, called a sole proprietorship, a partnership, a limited liability company (LLC), and a corporation. A sole proprietorship is usually simple to set up and there are few formalities involved. It means you run the business on your own and you also have personal liability for the business. With a partnership, you share the ownership with another person. You share the business profits and liabilities. An LL ..read more
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Southern California ports see a renaissance in trade
Russell Mirkovich & Morrow Law | Long Beach Maritime, Transportation And Business Law Blog
by willcrainexela
2M ago
California ports, people who work there and businesses that rely on them have been experiencing ups and downs in recent years. From the health crisis to labor disagreements to the latest issue with foreign policy obstacles, it can be difficult to predict shipping volume and everything that accompanies it. However, importers are increasingly using these ports to conduct business. While this is undoubtedly a positive, companies still need to be cognizant of past challenges to be fully prepared when issues again arise as they inevitably do. During times of growth, it is even more essential to be ..read more
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Understanding material breaches of contract
Russell Mirkovich & Morrow Law | Long Beach Maritime, Transportation And Business Law Blog
by indraneildeyexela
2M ago
As a maritime business owner, you will likely enter into several agreements, including vessel supply contracts, employment agreements, and charter agreements. All parties who sign the contract have a legal obligation to uphold the terms of the agreement. Failing to comply with these terms is considered a breach of contract. Some breaches of contract are considered minor, whereas others are seen as more significant material breaches. Minor breaches of contract may be resolved by referring to the contract itself and save the non-breaching party the trouble of having to file a lawsuit against the ..read more
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What is the Carmack Amendment?
Russell Mirkovich & Morrow Law | Long Beach Maritime, Transportation And Business Law Blog
by willcrainexela
2M ago
Many California transportation companies or carriers are in the business of shipping their clients’ goods across state lines. However, things do not always go as planned during the shipment process, resulting in damaged or lost property. Generally, the client or shipper could hold the company liable for the damages they incurred by establishing that the transportation company’s negligence caused their goods to be damaged or lost. However, under the Carmack Amendment, a federal law applicable to interstate shipments, the company will be held strictly liable for goods damaged or lost during tran ..read more
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Agency recommendations could impact California shipping
Russell Mirkovich & Morrow Law | Long Beach Maritime, Transportation And Business Law Blog
by willcrainexela
3M ago
Accidents can be problematic for any California business. For maritime businesses, this is even more pronounced. When it is an accident that negatively affects the environment, it is inevitable that greater attention will be paid to it. Regulators and agencies will investigate and provide guidance to prevent it from happening again. An oil spill in California in 2021 was one such accident and the National Transportation Safety Board has made recommendations that pipeline operators and others who work in the maritime industry should be cognizant of. NTSB addresses problems that caused oil spill ..read more
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