The great majority of business litigation matters end up settling at some point - almost always at some point prior to trial. Several of my business litigation colleagues have only tried a handful of cases - a fact that demonstrates just how proficient they are at...
stanleycheiken
What’s the Difference?
It didn’t take me long to realize something about trial lawyers. After working for a few years in a boutique litigation firm in Center City Philadelphia, having been exposed to some of the top trial lawyers at the time, and having watched some of the best judges do...
World Series Post
I have been enjoying the World Series. The Phillies team has captured the hearts of the city with their fighting spirit and passion for the game. On the opposite end of the spectrum is the TV broadcast team. Particularly legendary pitcher John Smoltz. His style can...
Into the Breach
When one party to a contract does not receive proper performance from the other side, a breach of contract has occurred. But what next? If a breach has occurred, it is the non-breaching party's responsibility to say so. This should be done within a reasonable period...
Non-compete vs. Non-solicitation
Did you know that non-competes and non-solicitations are different? Generally, a non-compete restricts someone from working in the particular field of a former employer in a limited geographic territory for a limited period of time. A non-solicitation does not...
Fall Review
Fall is upon us. For business owners, this is a good time to review your contracts with vendors, partners, personnel, customers, and the like. Do you have any unwritten agreements that should be firmed up and committed to writing? Do you have any contracts, such as...
Ensuring your livelihood
If you are a licensed professional, your "ticket" is probably the most important and valuable business asset you own. Without it, you will need a new line of work. Unfortunately, I frequently see licensed professionals in disciplinary actions/investigations who first...
Tortious Interference with Contractual Relations
Tortious interference with contractual relations is the most common of the business torts. Under this cause of action, a plaintiff can seek damages for the loss of a contractual relationship as a result of improper interference by a third party. Punitive damages are...
Specific Performance
A contract is a mutual exchange of legally enforceable promises. So in the event that one of the contracting parties breaches its promise, you would think that the non-breaching party could have the promise legally enforced. Well . . . not exactly. In the vast...
What Do You Want From Me?!?
My father owned a drug store. I used to work at the front register when I was just a child. When a customer approached staff with a question, we were trained to say, “How can I help you?” As an attorney, I believe this is still the best question to ask a potential new...