stanleycheiken

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...

Breach of contract cases generally involve disputes between the parties to the contract. After all, a contract is an exchange of enforceable promises, and it is normally one of the parties to whom a promise has been made that is claiming the promise was not kept. For...

I cannot remember ever hearing the word mediation in law school. As a young attorney, mediation was not a regular part of the litigation process. In the early 1990’s, cases settled on the eve of trial, generally with the help of the assigned trial judge at a Pretrial...

Most business litigation matters end up settling prior to trial. But when? How? Wouldn't it be in the best interests of businesses to immediately identify the potential issues and exposures, then sit down and work out a settlement? In a word...Yes. But that rarely...

Persuasion. That’s what we do. The job of a trial lawyer is to persuade. A judge. A jury. An arbitrator. Opposing counsel. A potential witness. It does not matter who the audience is. . . The task is always the same. With all your knowledge, experience, common sense,...

It’s a sad fact of business litigation life that the most expensive, distracting and contentious cases are those involving disputes among the owners of a business. But aren’t we supposed to be on the same team? Yes. . . Until your aren’t. Just like marriages that fall...

Winning a case and obtaining a judgment in court is not the same thing as money in your pocket. We have all heard the term “judgment proof” and many defendants truly are. That means your judgment is worthless because you cannot collect it. Some defendants simply have...

In business litigation, preparing your client to be deposed is vital. There is no substitute for taking the time to review all of the important documents in the case, discussing  the parties’ respective claims and defenses, and practicing responding to tough...

Today, instead of blogging about business litigation, I want offer personal thoughts to my friends, neighbors, clients and colleagues from Eastern Europe. I am hoping for a quick end to the hostilities in Ukraine, and for peace in the region. Praying that your...

Before an employee with a signed restrictive covenant resigns and takes a job that may arguably violate the terms of the restrictive covenant, he or she should consider asking the current employers to waive the terms of the restrictive covenant. This is a strategic...