The purpose of damages in breach of contract disputes is to put the non-breaching party in the same place it would have occupied if the contract had not been breached. This can be accomplished in several ways, depending upon the specifics of the transaction. At times,...
Month: April 2021
The basics of contractual misrepresentation
A lot of the strength of your business is probably dependent upon the contracts that you have in place. If you’re adept at negotiating these agreements, then you can position yourself for success by obtaining materials at low costs, locking in consumers at favorable...
Boring the Jury
I watched a good deal of the Derek Chauvin jury trial that wrapped up last week. Based upon the evidence presented, I was not surprised by the verdict. Perhaps if Chauvin had testified that he was ignorant, scared and poorly trained, he may have been able to avoid the...
When Should My Business Settle A Case?
Tough question, right? Not really. Your business should settle its case if the cost and exposure of moving forward with litigation substantially outweighs the cost of the settlement that can be achieved. So we're done here, right? Not really. The difficulty, of...
Understanding breach of fiduciary duty
Breach of fiduciary duty is a term that is often used in business, but not all business owners are aware of what it means. A fiduciary duty means that one party has an obligation to act in the best interest of another party. If he or she acts in a way that is contrary...
Jury Trials Resume
I spent four days in Chester County handling a jury trial this week. Everyone in the Courthouse wore masks, except the witnesses on the stand who wore face shields. Wearing masks is a bit uncomfortable, and it is certainly harder to emote and to observe others'...
The basics of noncompete agreements
When you start a new job in Pennsylvania, you will likely sign a lot of paperwork your first day. One document your employer may ask you to sign is a noncompete agreement. The following is a brief overview of noncompete agreements, but as always, this post is for...
Litigation Holds
One of the changes in the law that has occurred since I began practicing is what is commonly referred to as the Litigation Hold. It is now common in every case for the litigants to be informed to preserve evidence in all of its various forms due to the possibility...