John-Paul Baum

Arbitration: The Legal Trap Hiding in Your Contract

Arbitration is often sold as efficient, fair, and business-friendly. In theory, it offers a streamlined process without the burdens of courtroom litigation. But in reality, arbitration frequently favors power over principle, and repeat players over first-timers.  If you’re signing contracts that include arbitration clauses, you should understand exactly what you’re giving up.  Arbitration is not […]

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When Derivative Actions Cross the Line: South Carolina’s New Standard for Shareholder Standing 

Not every shareholder lawsuit is a good-faith effort to protect a company’s interests. Sometimes, it is something else entirely: a strategic play in a broader personal dispute. South Carolina courts are now on high alert for this kind of abuse. In 2024, the South Carolina Court of Appeals established a new standard for determining whether

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Breach of Contract 101: What Actually Matters in Court

When a deal falls apart, most clients want to know one thing: Can I win? The answer depends less on what was promised and more on what you can prove. Breach of contract claims are common, but winning them requires more than pointing fingers.  Here’s what courts actually care about:  First, performance. You need to

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