The BattleTested Blog

Legal Intel for Entrepreneurs
Who Play to Win.

20 years of litigation. Real cases. Real mistakes. Real lessons. Every article is built to help you spot the legal risks most entrepreneurs never see coming — until it's too late.

You're exposed and you don't even know it.
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Top 5 Ways Your Refund and Guarantee Language Can Get You Sued consumer protection contracts marketing compliance money-back guarantee refund policy small business Aug 09, 2026

A money-back guarantee feels like pure upside — it lowers buyer hesitation and signals confidence. After 20 years litigating, I can tell you it’s also one of the most common places founders quietly cr...

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Ask the BattleTested Lawyer: Should My Contracts Force Arbitration Instead of Court? arbitration contract clauses contracts dispute resolution litigation small business Aug 07, 2026

“Everyone tells me to put an arbitration clause in my contracts — is that actually smart?” A founder asked me this after copying one from a template without knowing what it did. It’s a great question,...

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How Small Claims Court Really Works When a Client Owes You Money contracts debt collection dispute resolution small business small claims court unpaid invoices Aug 06, 2026

A client owes you a few thousand dollars, they’ve stopped answering, and hiring a lawyer to chase it would cost more than the debt. After 20 years litigating, I can tell you this is one of the most co...

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Top 5 Moves to Make the Moment You Smell a Lawsuit Coming contracts dispute resolution evidence preservation litigation risk management small business Aug 05, 2026

Lawsuits rarely arrive out of nowhere. After 20 years litigating, I can tell you there’s almost always a warning period first — the client who goes cold and hostile, the partner hinting at lawyers, th...

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Ask the BattleTested Lawyer: Is Sending a Demand Letter Worth It Before I Sue? contracts demand letter dispute resolution litigation small business unpaid invoices Aug 05, 2026

“Should I just send them a demand letter, or is that a waste of time?” A business owner asked me this after a client stopped paying and stopped answering. She assumed a demand letter was either a magi...

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How Everything You Text Becomes Evidence the Day a Dispute Starts contracts discovery evidence litigation small business text messages Aug 04, 2026

Most founders think of a lawsuit as something that lives in a courtroom. After 20 years litigating, I can tell you it actually lives in your phone. The single biggest source of damaging evidence I’ve ...

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How to Clear a Brand Name Before You Build Your Whole Business On It brand protection intellectual property small business trademark trademark clearance Jul 31, 2026

The most expensive branding mistake I've seen founders make isn't a bad logo — it's falling in love with a name nobody checked. After 20 years litigating, I've watched businesses spend years and real ...

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Ask the BattleTested Lawyer: What Does an Indemnification Clause Actually Obligate Me To? contracts indemnification limitation of liability risk management small business Jul 31, 2026

What does an indemnification clause actually obligate me to? A founder asked me this after signing a vendor agreement without reading the fine print — then getting a letter demanding he cover the vend...

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Ask the BattleTested Lawyer: Is My Contractor Actually an Employee? employee vs contractor hiring independent contractor small business worker misclassification Jul 25, 2026

Is my contractor actually an employee? A founder asked me this after his "1099 contractor" — who worked 40 hours a week, only for him, on his schedule, for two years — filed a claim. He'd called her a...

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Do I Need a Contract for an Affiliate or Referral Partner? affiliate agreement commission contracts ftc disclosure referral agreement small business Jul 19, 2026

Someone offers to send you clients for a cut. Or you find someone with an audience who'll promote your offer for a percentage of every sale.

It feels like free money. No payroll, no ads, no risk — th...

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How Do I Convert My Sole Proprietorship Into an LLC? asset protection llc operating agreement piercing the corporate veil small business sole proprietorship Jul 18, 2026

You started as a sole proprietor because it was easy. You didn't file anything. You just started working, invoicing, and getting paid. That's how most businesses begin.

Then one day it hits you: ever...

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Ask the BattleTested Lawyer: Can I Fire a Client Without Getting Sued? client contract service agreement small business termination clause Jul 16, 2026

How do I fire a client without getting sued? This is one of the most common questions I get, and it usually comes from someone who has already waited far too long to ask it. The client is abusive, or ...

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