stanleycheiken

This week I met with a client who I represented over 25 years ago. Then I heard from a West Coast colleague who I worked with over 10 years ago. In both cases, it felt like we had last spoken yesterday. Like old friends, the best clients and colleagues are those who...

There is a distinction in the law between employment agreements and compensation agreements. In Pennsylvania, most employees do not have employment agreements. They are considered “at will” employees who can be terminated at any time and for any reason. Even employees...

My law practice involves representing businesses and individuals, and I am always bringing new clients to the practice. So what does that process look like? It generally starts with a referral - either someone recommending me to the new client or the new client...

In business litigation cases, the depositions of the principal witnesses are very important. It is not enough to simply instruct your client to tell the truth. Telling the truth is required, of course, but this instruction does not replace preparation. A well prepared...

When business owners are unable to get along, the best course of action is likely to be an agreement which creates an orderly separation of their association. This may take the form of a buyout, a sale of the company, or some other agreement where the business moves...

The great majority of business litigation matters are settled at some stage. There are many reasons to settle, as I have discussed at times in this Blog. Essentially, a settlement is an opportunity to avoid risks/exposures. Another way to say that is a settlement is a...

I won a disciplinary matter this week. The client was facing a 6 month suspension. The client felt that he hadn’t received a fair opportunity to defend against the alleged misconduct. That argument prevailed and the suspension was revoked. By objective standards, it...

I often consult with individuals who are having problems with their employers. They might have claims for unpaid compensation, or for discriminatory treatment, or alleged poor performance. Each case is different factually, and they often vary in terms of the legal...

In modern business litigation, mediation has become very common. By contrast, when I first began to work in the industry, mediations were rare. Most cases did not have a settlement conference of any kind until they were called for a pretrial conference by the trial...

What are business torts and why should they be utilized when available in litigation? A tort is a civil wrong and it is differentiated from a breach of contract. Examples of business torts include fraud, conversion and breach of fiduciary duty. The primary distinction...