More often than not, when I speak to a potential new client who is not experienced with business litigation, he or she tells me that they want to get the matter resolved quickly. This is actually code for quickly and inexpensively. There is nothing wrong with having a...
Month: October 2021
Budgeting for Business Litigation
My business litigation clients hire me to win. Defining what is a win, then, is important. My definition of a win is obtaining the desired result - and doing it on budget. If I don't believe I can do that, I decline representation. This approach first requires my...
Breach of Contract vs. Fraudulent Inducement
There can be a subtle difference between a broken promise that constitutes a breach of contract and one that constitutes fraudulent inducement. The former requires nothing more than a showing that the promised performance was not delivered. The latter, on the other...
Live Deposition Testimony
Last week, I had an oral argument in court regarding whether my client may insist on taking depositions by live testimony. The opposition had insisted on Zoom depositions, citing COVID-19 concerns. The argument was held in Bucks County which has been conducting live...
Summary Judgment Conundrum
At the conclusion of discovery of every lawsuit, two questions arise: 1. Should the case be settled? 2. Should we file a motion for summary judgment? The questions are interrelated. The possibility that one side may have a chance to win the case on summary judgment...