stanleycheiken

Is dependent the opposite of independent? Not in the law. The opposite of independent is actually “employee.” There has been a proliferation of litigation regarding whether persons who are treated as independent contractors have actually been misclassified and should...

A contract is a mutual exchange of promises. The failure to perform a contractual promise once performance becomes due is a breach of contract. But what is the effect of a breach of contract? That can be complicated. Every breach provides a remedy to the non-breaching...

As attorneys, we are asked to prepare and file or serve documents. Frequently, the client is in a rush to have something done. That’s fine, but just like Paul Masson used to say, you should not sell your wine before its time. It is vitally important that you fully and...

I was named to the Pennsylvania Super Lawyers list for 2022 in the field of business litigation. This is the 10th time I have been selected. It is an honor to be recognized, and in a profession that does not have much benchmarking, I generally consider those listed to...

When business litigation matters are submitted to mediation, and the case is settled, there is an implied understanding that the parties are settling all claims they may have against each other, not just the claims asserted in their lawsuit. Litigants are loathe to...

When one door closes another one opens. So the saying goes. And whoever came up with that phrase knew something about business litigation - or at least my practice. Over the last few weeks, I have closed several files and bid adieu to a few clients whose cases have...

I was on trial in City Hall in Philadelphia when COVID-19 arrived and shut everything down. The trial stopped and we all left the building, assuming we would return in a matter of days or maybe weeks. Yesterday, 26 months later, I returned to City Hall for the first...

I settled several clients’ lawsuits over the last few weeks. Each settlement had a financial element to it, a payment from one side to the other. But looking back, each case had far more important non-economic terms to it. My clients had non-economic motivations that...

I tried something different recently, I filed a lawsuit in an entirely new practice area. It was challenging. For so many years, the vast majority of my practice has involved business and employment litigation. Trying something new means trying something old. Digging...

What a week! There were not enough hours available to do everything I needed to do this week. That’s what weekends are for. I filed a new lawsuit, tried an arbitration, handled a full day mediation, filed a motion for preliminary injunction, served discovery...