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When Should My Business Settle A Case?

Tough question, right? Not really. Your business should settle its case if the cost and exposure of moving forward with litigation substantially outweighs the cost of the settlement that can be achieved. So we're done here, right? Not really. The difficulty, of...

Jury Trials Resume

I spent four days in Chester County handling a jury trial this week. Everyone in the Courthouse wore masks, except the witnesses on the stand who wore face shields. Wearing masks is a bit uncomfortable, and it is certainly harder to emote and to observe others'...

Litigation Holds

One of the changes in the law that has occurred since I began practicing is what is commonly referred to as the Litigation Hold. It is now common in every case for the litigants to be informed to preserve evidence in all of its various forms due to the possibility...

Jury Trials in a COVID-19 World

The Courts in which I practice are resuming jury trials and I have several scheduled in the near future. It is going to be fascinating to see how COVID-19 affects them. Will we be able to seat and keep a jury? How will physical distancing affect the conduct of the...

Business Litigation is Business

I love business litigation. Most of my clients don’t - and that’s a good thing. Business men and women should love their businesses, and loving litigation is generally not the best way to love your business. It is expensive, time consuming, distracting, and risky....

Zoom Or Room?

As Courthouses begin to reopen in earnest, I have begun to appreciate the transformational advancement in the legal profession know as the Zoom conference. I hope that judges and court administrators throughout the country realize how much more efficient it is for...

Working it Out

There are a variety of ways in which business partners can sever their relationship. They vary from amicable to acrimonious; from simple to highly complex. The method by which partners separate is generally dissolution. In highly combative situations, dissolution can...

Advisors

Attorneys practice law under the authority of the states in which they are licensed to practice. Each state has adopted an ethical code that attorneys are required to follow. In Pennsylvania and New Jersey, where I practice, the ethical codes are referred to as the...

Litigating Contracts

A contract is nothing more than a mutual exchange of enforceable promises. Sounds simple enough. Two parties, each promising to do something. So naturally, contract disputes are simple matters, right? Wrong. In actuality, contract disputes can be extremely...

Impeachment

For most Philadelphia trial lawyers, impeachment refers to the process of minimizing the effect of an adverse witnesses' testimony. This can be done through cross-examination of the witness to expose inaccuracies in the testimony, to demonstrate its unreliability, to...