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Business Insurance Claim Disputes - Critical Information for All Business Owners

 

 

 

Business Disputes – What Business Owners Need to Know Scott G. Hunziker

The Voss Law Firm, P.C.

 

 

Successful companies have a continuing presence in the marketplace, whether by way of a logo, a trademark or trade name. This is how a company appears, has an identity, and is recognized by the consuming public. The branding and trademarks of a successful business not only creates value in the products and services offered by the business, but it allows consumers to associate a certain quality to the commercial offering of a business. The lawyers at The Voss Law Firm, P.C. are experienced in trademark, copyright, and trade secret law.

In order to protect the intellectual capital and intellectual property of your business, including trademark protection, copyrights, trade secrets, and confidential information, contact the lawyers at The Voss Law Firm, P.C.

 

Trademark

Protecting the branding and trademarks of businesses, the lawyers of The Voss Law Firm, P.C. assist clients in protecting their business presence in regard to the following:

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p<>{color:#000;}. Trademarks

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p<>{color:#000;}. Busienss trade dress

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p<>{color:#000;}. Logos

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p<>{color:#000;}. Branding

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p<>{color:#000;}. Business presence

Our lawyers will help your business build its brand and become well known in the marketplace.

 

 

Copyrights

Our attorneys will also help you and your company protect its creative output whether it be art, music, software, clothing, logos, or design patterns linked to clothing lines. We creatively team with businesses to help them obtain copyrights to protect them in the event of theft or misuse by competitors in the marketplace.

Trade Secrets

Formulas, confidential information, client lists, and certain other non-public materials may compose the extremely valuable trade secrets of a business. When your business needs help in preventing the theft of its trade secrets, or preventing former employees or partners from illegally utilizing and benefiting from your business’ confidential information, talk to the attorneys at The Voss Law Firm, P.C. Furthermore, if your company needs to implement [+ non- disclosure and non-compete agreements +], we invite you to meet with our attorneys.

 

Shareholder Dispute Representation

The Voss Law Firm, P.C. is composed of a dynamic team of lawyers and legal professionals dedicated to providing necessary legal representation to aggressively growing mid- capped companies. Contact The Voss Law Firm, P.C. can assist in the following areas:

 

Protecting Your Business and What It Has Accumulated

The growth and expansion phase of any business is an exciting time, but full of potential legal pitfalls. New people, different management philosophies, and different business visions can, and often does, create friction and retard the growth of a company. Our lawyers work closely with businesses experiencing changes due to:

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p<>{color:#000;}. Restructuring management partners and shareholders

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p<>{color:#000;}. Asset and/or equity transfers

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p<>{color:#000;}. Distribution of profits

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p<>{color:#000;}. Obligations on losses

A Remedy for Today

Businesses unfortunately face situations where a disgruntled shareholder or partner acts to further his or her own interest, above the business’ interest, and threatens the financial stability of the business. The Voss Law Firm, P.C. can take steps to protect your intellectual capital, confidential information, and business assets, either through litigation or by taking other effective measures.

A Plan for Tomorrow

In the business world, shareholder agreements and partnership agreements must be reviewed and revised on a regular basis. The operating agreements of businesses must accurately reflect the rights and obligations of the business owners to each other and to the company. The Business and Corporate Law Group of The Voss Law Firm, P.C. works with business owners to create vital business documents that reflect the management and operational dynamics of the business.

For more information on how we can resolve any shareholder dispute or partnership dispute that may arise in the course of your business, how we can prevent such issues from occurring, or to speak with one of our Texas business lawyers about our other practice areas, we invite you to set up an initial consultation. Begin a strategic partnership with The Voss Law Firm, P.C. — contact us today.

 

Non-Disclosure Agreement

At The Voss Law Firm, P.C., our lawyers work closely with entrepreneurs and business leaders to protect confidential information that gives a business a commercial advantage over its competitors. In today’s information rich business environment, complications arise from competitive forces and the use of confidential information. Businesses and business people understand that protecting confidential information is essential for the business to succeed. It is critical to a company’s success that existing or former employees or business associates do not illegally use confidential information to the detriment of the business. It is essential that businesses take steps to protect their intellectual property.

 

Texas Non-Compete Agreements

This is a major issue in Texas. Our corporate and business attorneys can help minimize a start up business’ risks by utilizing non-compete agreements in Texas. Consult with our lawyers to make sure that you are not taking unfair advantage of a former employer’s protected information such as:

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p<>{color:#000;}. Customer lists

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p<>{color:#000;}. Contact information

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p<>{color:#000;}. Trade secrets

Marketing and methods of marketing

We also assist companies wishing to enter Texas non-compete agreements with current or prospective employees to prevent future complications.

 

Non-Disclosure and Trade Secrets

As business owners know, Texas laws foster healthy business competition. In Texas’ pro- competitive business environment, former employees have a fair amount of leeway to conduct business in the same industry as their former employers. To protect the vitality and economic health of your company, it is important to determine what constitutes a trade secret, either your own, or that of a former employer. Our attorneys help clients protect their own business interests while promoting healthy, legal competition. If you believe an individual has stolen trade secrets for his or her own use and benefit, our attorneys can help minimize the damage and prevent the continued use of your valuable business information.

 

Mergers and Acquisitions

At The Voss Law Firm, P.C our lawyers are ardent supporters of business growth in our community. As one of Houston’s most aggressive business and corporate law firms, we strive to help our dynamic and growing business clients enhance the commercial reach and scope of their business through mergers, acquisitions, and planned divestitures. If part of your growth strategy is the acquisition of, or merger with, an existing business, our business lawyers in Texas can provide the legal guidance you need for a seamless transition. Contact us today to find out how we can be of service to you.

In a sense, when you retain the services of The Voss Law Firm, P.C. to ensure that your business legal matters are handled with meticulous skill and care, you are embarking on a long- term business relationship with Texas business lawyers that will work hard to understand and counsel your business in even the most dynamic business environment. No situation is more dynamic, or stressful, than when a business embarks on joining forces with another company, or is involved in a significant asset acquisition.

If your business is considering a merger or an acquisition, The Voss Law Firm, P.C.’s corporate attorneys will work with senior management to examine potential avenues for acquiring other businesses or the possibility of a merger with a competing business.

When businesses contemplate a merger or acquisition, our corporate attorneys handle all aspects of the transaction including the following:

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p<>{color:#000;}. Securing assets of the target company

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p<>{color:#000;}. Protecting companies against theft of trade secret and confidential information

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p<>{color:#000;}. Working with existing management of the target company

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p<>{color:#000;}. Orchestrating a smooth transition

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p<>{color:#000;}. Ensuring assets of the target company are kept in place

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p<>{color:#000;}. Working with employee reassignment

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p<>{color:#000;}. Preparing transactional documents

Contact The Voss Law Firm, P.C.’s merger and acquisition lawyers for sound advice and representation when your business considers acquiring critical business assets or a merger.

 

Employment Contract Issues

One of the most critical relationships in a business — one upon which the continued stability of a company rests — is between the business entity itself and its key employees, such as sales people and senior managers. Finding key individuals to fill essential roles in your growing business can bring solidity, focus, and a competitive edge as your company emerges.

The Voss Law Firm, P.C. lawyers experienced in drafting and enforcing employment between companies and key employee. Our business attorneys are also skilled litigators who will work to enforce breached employment contracts. Contact an employment contract lawyer today to learn more about what we can do for your business.

 

Negotiating the Employment Contract

Whether you are taking steps to hire a skilled individual to fill an executive role in the company, or working out the details of a promotion from within, The Voss Law Firm, P.C.‘s employment agreement lawyers lend their experience and expertise to help our clients negotiate favorable terms in critical employment contracts.

 

Drafting the Employment Contract

Employment agreement lawyers of The Voss Law Firm, P.C. understand the complexity of contractual agreements in business. As such, we work closely with business and corporate

clients to prepare and implement performance contracts for executive employees.

 

 

Enforcing the Employment Contract

Even when an employment contract is in place, disputes, and breaches of contracts may occur. When your business needs an employment contract lawyer and litigator with experience in complex employment contracts, The Voss Law Firm, P.C. stands ready to provide our experience and expertise.

Our business lawyers also assist companies with non-disclosure and non-compete agreements. Find out why countless businesses have chosen The Voss Law Firm, P.C. as their business and corporate law firm of choice. Contact an employment contract lawyer today to discuss your company’s situation.

 

Business Litigation

Lawsuits are neither pleasant nor profitable for businesses. Yet, in today’s legal climate, business disputes can grind your company to a halt, taking time and energy away from “the business of doing business.” You do what you do best, and let us do what we do best.

At The Voss Law Firm, P.C. our skilled Texas business litigation lawyers in Houston have successfully represented commercial clients in state and federal courts, and before arbitration panels of the American Arbitration Association, working hard to obtain the best possible results for our clients. Contact business litigation lawyers at The Voss Law Firm, P.C. today — take the first step toward resolving your disputes in a timely matter and getting back to the maintenance of your company.

 

Business-to-Business Disputes

Most of the business disputes our clients encounter are conflicts between businesses, such as failures to perform or provide services agreed upon, and other breaches of contract or warranty. Regardless of the specific issue in dispute, our Texas business litigation lawyers can help your company protect its bottom line. Speak with one of our attorneys today regarding any of the following matters that may call for litigation or arbitration:

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p<>{color:#000;}. Breach of Contract

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p<>{color:#000;}. Products Liability

Deceptive Trade

Breaches of Warranty

Disclosure of Flood Levels

Failures of Conditions

Breaches of Non-Disclosures

Lease Modifications

Service Contracts

Our attorneys can also assist you with a number of transactional matters related to the formation, maintenance, and sustainability of your business — our practice areas address all aspects of your business. Contact Texas business litigation lawyers of The Voss Law Firm, P.C. today.

 

Business Formation

At The Voss Law Firm, P.C., we focus our attention, energy, and skill on assisting our clients to resolve complex legal matters that arise in their businesses. Our clients are typically growth oriented mid-sized companies led by men and women who have struck out on their own, determined to capitalize on their unique vision. In other words, people just like you.

If you have resolved to develop and grow your business and wish to maintain its stability every step of the way, contact Texas business formation lawyers at The Voss Law Firm, P.C. today.

 

Working Together to Meet All Your Legal Needs

Throughout the formation, development, growth, and continuance of your company, sound legal counsel is not an option for growth, it is an imperative. Why not rely on an experienced business lawyer in Texas handle all your legal matters? At The Voss Law Firm, P.C., we work with companies in an on-going capacity, providing comprehensive legal representation in a variety of areas. By working closely with businesses, of all sizes and industries, we have in-depth knowledge of the operations of a business, and we respond to changes in the marketplace with agility and effectiveness.

How We Can Help

We are enthusiastic about insuring the long-term growth and stability of your company. Our clients include businesses at every level, and we work hard to protect their assets and ensure their success. We invite you to speak with one of our business formation attorneys about any of the following:

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p<>{color:#000;}. Startups – including business formation of LLPs, LLCs, and corporations

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p<>{color:#000;}. Articles of Incorporation

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p<>{color:#000;}. Organizational Structures

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p<>{color:#000;}. Identifying Profit/Loss Allocations

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p<>{color:#000;}. Regulations

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p<>{color:#000;}. Partnership Agreements

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p<>{color:#000;}. Buy Back Provisions

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p<>{color:#000;}. Copyright and Trademark Protection

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p<>{color:#000;}. Venture Capital

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p<>{color:#000;}. Individual Protection

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p<>{color:#000;}. Estate Planning

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p<>{color:#000;}. Business Succession

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p<>{color:#000;}. Out of State Expansion

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p<>{color:#000;}. Third-Party Contracts

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p<>{color:#000;}. Vendor Contracts

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p<>{color:#000;}. Customer Contracts

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p<>{color:#000;}. Employee Contracts

When your business needs legal representation in a commercially dynamic environment, and you need a team of business lawyers who work with your management to control the dispute and minimize the legal risks, contact The Voss Law Firm, P.C. today and schedule an initial consultation.

 

Breach of Contract

Our Texas breach of contract lawyers work with business clients to protect their contractual rights. In any industry, business disputes may arise unexpectedly. Whether contracts are breached because of unexpected business conditions, or the unwillingness of a contracting

party to provide the products and services agreed upon in a contract, The Voss Law Firm, P.C.’s Texas breach of contract lawyers aggressively litigate breaches of contract, seeking damages and specific performance by the breaching party.

Critical breaches of contract have detrimental effects on a company’s financial stability and efficient operation. At The Voss Law Firm, P.C. in Houston, Texas, our contract lawyers provide aggressive representation to protect our clients’ contractual rights.

Contact the business and corporate law firm of The Voss Law Firm, P.C. today to discuss your breach of contract issue with a skilled business lawyer.

 

Protecting Your Economic Interests

When a person or business fails to provide our client with the agreed upon services or products our client’s business and operations may be seriously compromised. Whether the failure to perform is due to sagging economic conditions or simply low standards on the part of the party breaching the contract, our business lawyer prosecute contract failures on our clients’ behalf by pursuing money damages in a lawsuit or compelling performance of the breached contract.

Our Texas breach of contract lawyers are seasoned and experienced business litigators, with experience in prosecuting and defending our client’s rights in complex contract disputes, and protecting the rights or our clients in those disputes. When your company is involved in high stakes litigation, review your options without business litigators.

If you would like more information about any of our practice areas, our business lawyers, or our firm, or if you would like to schedule a consultation with a skilled Texas breach of contract business lawyer, contact us today.

 

Frequently Asked Questions In Commercial Litigation

 

Q. What is commercial litigation?

A. Commercial law is a broad area of law that covers most types of business, commerce, and consumer transactions. The complexity of this area may vary greatly from complicated international commercial and business transactions to partnership agreements in local businesses. When disputes arise from these transactions, commercial law governs. When the parties involved

are incapable of coming to a resolution through negotiation and settlement, the parties may engage in commercial litigation in state and federal court.

Q. What are examples of commercial litigation topics?

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p<>{color:#000;}. Below are examples of business disputes which may require commercial litigation:

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p<>{color:#000;}. Partnership and shareholder disputes

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p<>{color:#000;}. Government contract disputes

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p<>{color:#000;}. International trade issues and anti-trust matters

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p<>{color:#000;}. Consumer fraud and consumer protection issues

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p<>{color:#000;}. Securities litigation

·Unfair competition

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p<>{color:#000;}. Interference with contract or business relationships

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p<>{color:#000;}. Intellectual property

Q. What law governs commercial litigation disputes?

A. Both the state and federal governments may regulate commercial law and litigation. As a result of the growing prevalence of business transactions between persons from different states, there came a growing desire for uniformity of state commercial code laws. In response, the Uniform Commercial Code was created to provide guidelines to states. Although the Uniform Commercial Code is not law, most states have adopted the Uniform Commercial Code as their state law. This allows actors from different states to engage in national commerce with a better sense of what to expect from different state with regards to their commercial laws.

Q. When is commercial litigation necessary?

A. Commercial litigation takes place when a business or two businesses can’t resolve a dispute. These lawsuits can be expensive and time consuming but commercial litigation is often the last resort, when other dispute resolution techniques have failed. Most commercial litigators encourage a thorough exhaustion of other alternatives before resorting to a trial. Such alternatives include mediation, arbitration, and alternative dispute resolution. However, sometimes a settlement is impossible and proceeding with trial litigation is necessary.

Q. How much does it cost to hire an experienced commercial litigation attorney such as Bill Voss and The Voss Law Firm?

A. The cost of commercial litigation can vary greatly and depends on the complexity of the dispute, the willingness of the parties to negotiate, and the type of fee agreement you establish

with your attorney. Commercial litigation attorneys usually bill clients in one of two ways: hourly, or on a contingency basis. In an hourly arrangement, you can expect to pay at least

$250/hour, and possibly up to $500 per hour; your case may require 20 hours or 200 hours. For example, if your lawyer charges $250/hour and your case goes through to trial, it may cost you

$60k-$80k. In a contingency arrangement, you only pay your lawyer if you win. The lawyer gets an agreed-upon percentage, which in most cases is at least 1/3 of what is recovered (either in court or in a settlement). For example, if you think your case is worth $600k, your attorney would get $200k. You also may have to pay fees for experts, court filings, court reporters, and other costs. Remember, the costs in lawsuit vary depending on the facts of your case and the law firm you hire.

The Voss Law Firm handles all Commercial Litigation cases on a contingency-fee based arrangement. The percentage depends on the complexity of the case. Contact the experienced commercial litigation attorney Bill Voss for a free confidential consultation to discuss a fee arrangement and your case.

Q. How long does a commercial litigation lawsuit last?

A. It is not uncommon for a lawsuit to go on for a year or more. Again, it depends on the complexity of the dispute and the willingness of the parties to agree on a settlement. If both sides are willing to compromise, the whole lawsuit could be over in a matter of months. However, many lawsuits take much longer.

After the initial lawsuit is filed, both sides are allowed time to file several additional documents before even stepping foot in a courtroom. The discovery phase of litigation is where the parties inspect each other’s documents and interview each other under oath. This can take months, or more, depending on how much information needs to be gathered. Trial preparation again also can take months, as the parties hash out what evidence or expert witnesses will be allowed. Even if both parties agree to negotiate, reaching a settlement can take anywhere from a day to several months.

Q. If my business is in Texas, but the defendant is in California (or any other state), where should a lawsuit be filed?

A. A defendant, including an individual or a business, can be sued either (1) where they live (or, in the case of a business, anywhere it does business), or (2) where the events leading up to the dispute occurred. If your Texas business is suing a California business, you can most likely file

the lawsuit in either place. However, you may want to file the lawsuit in Texas so that your lawyers would not have to travel back and forth.

Q. What is the difference between commercial litigation and other types of litigation?

A. The term “litigation” is broad and applies to all situations where people take their disputes to court. Commercial litigation is a more specific term that describes disputes about business transactions and relationships, either between two businesses or between a business and an individual. Specific areas of commercial litigation include contract disputes, debt collection, consumer fraud, employment issues, shareholder agreements, copyright and patents, mergers and acquisitions, and product liability.

Q. What are the time limits for filing a commercial litigation lawsuit?

A. Time limits apply in most situations, so it is extremely important to see an attorney as soon as you think you have a case. A time limit on bringing a lawsuit is called a statute of limitations. These time limits are strict, and if you don’t file suit before the deadline, you are forever barred from doing so. Different disputes have different time limits. For example, if you are suing over a contract, you may have up to 4 years; if you are suing a business because you were injured by one of their products, you may have only two years. Again, consult with a lawyer as soon as possible so that you don’t miss your only opportunity. If you have any other questions or would like our help, please contact an experienced commercial litigation attorney at The Voss Law Firm.

 

Final Thoughts

 

Business disputes involve the smallest to largest entities within the commercial world. While the facts of each case may differ, it is our hope at this firm that all Texas business owners alike understand that they have rights pursuant to Texas law. The Voss Law Firm stands ready and eager to assist when your business interests are at stake. Whether it is a “bet the company” lawsuit, or minor partnership disagreement, do not hesitate to call our office for a free and confidential consultation regarding your potential legal matter. Thank you for your attention to this important information.


Business Insurance Claim Disputes - Critical Information for All Business Owners

Brace yourself for the severe impact business litigation may have on your company. No matter what type of business litigation you are facing, whether it is a shareholder dispute, partner dispute, or a labor issue, our complimentary e-book will help you to avoid making a serious mistake during your commercial dispute. Our book, entitled Business Disputes – Critical Information for All Business Owners – Small and Large is a must-read for every business owner. Read this book to save both time and money! This book will reveal the answers to the most commonly asked questions about business litigation. In addition, it will provide information on minimizing the negative impact a legal dispute will have on your firm. As businesses grow, legal requirements change too. This book provides important information about protecting your trademark, copyright, trade secrets and other confidential business information as well as the need for non-disclosure and non-compete agreements. It also highlights the major legal documents every business should have as well as information about protecting marketing and other business secrets. Do not wait—order your FREE book today! Business Disputes – Critical Information for All Business Owners – Small and Large was written by a knowledgeable Texas business lawyer to help small businesses and large corporations successfully navigate the process of commercial litigation. This book offers advice for dealing with contract and other business disputes with minimal disruption to your company. Fill out the form below to receive your free copy of Business Disputes – Critical Information for All Business Owners – Small and Large, written by attorney Bill Voss. Mr. Voss, founder of the Voss Law Firm, is a skilled and experienced Texas business litigation lawyer with a strong commitment to resolving business disputes. Your questions cannot wait! Order a FREE copy of our book to get the answers to all of your pressing business litigation questions.

  • Author: TheVossLawFirm
  • Published: 2016-08-08 19:40:12
  • Words: 3660
Business Insurance Claim Disputes - Critical Information for All Business Owners Business Insurance Claim Disputes - Critical Information for All Business Owners