The great majority of business litigation matters are settled at some stage. There are many reasons to settle, as I have discussed at times in this Blog. Essentially, a settlement is an opportunity to avoid risks/exposures. Another way to say that is a settlement is a...
I won a disciplinary matter this week. The client was facing a 6 month suspension. The client felt that he hadn’t received a fair opportunity to defend against the alleged misconduct. That argument prevailed and the suspension was revoked. By objective standards, it...
I often consult with individuals who are having problems with their employers. They might have claims for unpaid compensation, or for discriminatory treatment, or alleged poor performance. Each case is different factually, and they often vary in terms of the legal...
In modern business litigation, mediation has become very common. By contrast, when I first began to work in the industry, mediations were rare. Most cases did not have a settlement conference of any kind until they were called for a pretrial conference by the trial...
What are business torts and why should they be utilized when available in litigation? A tort is a civil wrong and it is differentiated from a breach of contract. Examples of business torts include fraud, conversion and breach of fiduciary duty. The primary distinction...
This week, the Superior Court of Pennsylvania issued an opinion affirming the decision of the trial court in a case that I am handling. The lawsuit involves a claim that the plaintiff was squeezed out of a corporation in which he is a minority shareholder. The events...
When is the right time to file suit in a business dispute? It depends on a number of factors. Filing a lawsuit is a drastic remedy and as a general rule alternatives should be pursued first. However, that is not always possible. Sometimes the matter at hand is an...
A sad reality of civil litigation is that there is substantial pressure brought to bear to prevent civil litigants from trying their cases. Slim few of the cases that are filed in courts will ultimately be tried to conclusion. Most cases are settled. I decided to...
Many employees are considered “at will,” which means that their employment can be terminated at any time and for any reason, or for no reason at all. Generally, these employees work without a written contract. But not having a contract that governs the term of...
It is my great fortune to work with many business litigation clients who are very successful in their careers. They come in all shapes and sizes, and they ply many trades and professions. They are usually very intelligent, and often highly educated and experienced. I...
