stanleycheiken

Parties to a contract are always able to modify their contract. The requirements for a binding modification are the same as for other contracts. The parties need to reach a meeting of the minds on the terms of their modification. Importantly, contract modifications...

I have an employment dispute case that polarizes opinion. I have discussed the matter with many colleagues and they each have a strong opinion about the correct outcome. My colleagues who represent employers think the employer should win. My colleagues who represent...

Hiring a professional of any type is a process and that process changes with the times. As a young lawyer (pre-internet), referrals from other attorneys was the primary method for establishing relationships with new clients. Nowadays, the primary method seems to start...

Business litigation often involves the use of expert witnesses. An expert witness is someone who will provide an opinion at trial that would not otherwise be permitted to be offered by a “lay” person. For instance, expert testimony may be required to establish a...

In my first law related job interview I was asked, what is a more important quality for a lawyer: hard work or experience? The correct answer is. . . that’s a stupid question to ask a law student with no experience! But now that I have a boatload of experience, I have...

Happy New Year to all whose paths crossed with me this year. Here's to a healthy and prosperous 2024. Last year, I continued to grow and refine my practice. Highlights of the year were: Representing executives and high-income employees in severance package...

There is a commonly held view that a defendant should always be willing to settle for nuisance value. Nuisance value is not a well defined term, but it generally means an amount of money that is less than the cost of defending the lawsuit. The logic goes, why would...

This week, one of my professional disciplinary action clients received a letter from the investigator clearing him of the charges. A win. And he deserved it too. But the path to victory takes time. To accomplish this result, we had to thoroughly research the factual...

This year I want to give thanks to my clients. I have now been in solo private practice for nearly 25 years. One of the advantages of a solo practice is having the ability to choose  your clients, rather than having them assigned to you. When deciding whether or not...

When a lawsuit is brought, it is the plaintiff who has the initial choice of where to file it. However, under certain circumstances, a defendant may be able to take that choice away from the plaintiff. One such circumstance is removal from a state court to a federal...