When a legal dispute arises, often a business owner’s first inclination is to declare war, i.e., file a lawsuit and engage in protracted litigation. However, litigation should always be a last resort. Too many times a complaint is filed without determining a clear goal. A number of factors must be analyzed before making a decision about the proper course of action. READ MORE
Archive for the ‘Civil & Trial Litigation’ Category
What to do when litigation is imminent
Contracts are drawn up and signed so that all parties are protected and expectations on both sides are spelled out. However, sometimes all those involved may not be happy with the outcome of a project and decide to take the matter to court. Are there subtle red flags that may warn of litigation on the horizon? Usually, yes. READ MORE
Changing companies to avoid Creditors: Successor liability
What is successor liability?
Successor liability generally describes the result of a court’s application of various legal theories to an acquisition transaction to hold the buyer responsible for liabilities the buyer did not explicitly agree to assume. Two of the significant theories of successor liability include the de facto merger doctrine and the continuity of enterprise doctrine. READ MORE
Protection from fraud: How to identify fraudulent claims and reduce your risk
All businesses, regardless of size or sector, are vulnerable to fraud. And while the types of schemes used to misappropriate funds vary, they tend to share a common thread: They can be extremely costly to a business.
What types of fraudulent claims are businesses most frequently exposed to?
Fraud has been defined as a deception deliberately practiced in order to secure unfair or unlawful gain. Some of the most common types of fraud businesses are exposed to include employees claiming benefits that they are not entitled to — whether it be workers’ compensation or additional compensation for time not worked — and personal injury claims by allegedly injured people on the business’s property or by someone working for the company. READ MORE
When it comes to lawyers, an ounce of prevention is worth a pound of cure.
A man invested in a piece of real estate many years ago as part of a partnership in which he was the majority owner. The agreement stated he had pretty much free-ranging authority to do whatever he wanted, including amending the basic agreement. Recently, he moved the property into a trust.
The problem is, there was a caveat in the contract that stated that if the property were ever moved into a trust, the minority owners could buy out his majority share at book value. READ MORE
How mediation can save you time, money and maybe even your company
For many business owners involved in a dispute, their first inclination is to file a lawsuit. But agreeing to mediation instead could save you enormous amounts of time, money and effort.
Mediation takes place between the disputing parties, their attorneys and a mediator. Unlike arbitration, in which the arbitrator’s decision is binding, there is no settlement in mediation unless both parties agree. READ MORE
How to prepare for an effective deposition
Your business has found itself in the middle of a lawsuit and the other side wants to take your deposition. The testimony you provide at deposition can make or break your case. The time and resources your company has invested into the lawsuit may be rendered useless as a result of a bad deposition. You also run the risk of damaging your business. READ MORE
How to prepare your employees for a deposition
If your employees are called to testify at a deposition, their testimony has the power to severely help or hinder your case. To ensure a mistake-free deposition, executives must prepare employees for what they will face. READ MORE
What to do when your business receives a letter making a monetary demand
While it is certainly unpleasant to receive a letter requesting monetary compensation for an incident involving one of your employees or your company, it is best to act swiftly and handle your response professionally. READ MORE
How prejudgment remedies can help you collect and protect yourself
In these difficult economic times, more than ever companies seem to be defaulting on their financial responsibilities.
As a creditor, prejudgment remedies are options you have for maximizing the chances of recouping at least some of the money that is owed to you. These remedies are often used in instances where there is a danger that the debtor will not have the money or property by the time a final judgment is rendered. Because they indicate to the debtor that you are serious about collecting what is owed, in many instances, the dispute may be resolved quickly. READ MORE