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Breach of Contract vs. Fraudulent Inducement

There can be a subtle difference between a broken promise that constitutes a breach of contract and one that constitutes fraudulent inducement. The former requires nothing more than a showing that the promised performance was not delivered. The latter, on the other...

Live Deposition Testimony

Last week, I had an oral argument in court regarding whether my client may insist on taking depositions by live testimony. The opposition had insisted on Zoom depositions, citing COVID-19 concerns. The argument was held in Bucks County which has been conducting live...

Summary Judgment Conundrum

At the conclusion of discovery of every lawsuit, two questions arise: 1. Should the case be settled? 2. Should we file a motion for summary judgment? The questions are interrelated. The possibility that one side may have a chance to win the case on summary judgment...

Changing Counsel

Under the law, a client always has the right to change counsel and bring a new attorney into a case. There may be financial obligations that remain between the client and original counsel, but it is always the client’s right to switch lawyers. I am often asked to...

Preparing for your Deposition

In civil litigation, the depositions of the litigants are extremely important. Depositions may be used effectively to obtain or avoid summary judgment, as well as to impeach testimony provided at trial. Preparing for your deposition is vital. Most experienced...

Working with Colleagues

Representing businesses and professionals necessarily entails working with other attorneys from time to time. For instance, when I represent a corporation in a lawsuit in Pennsylvania, I may interact with its in-house counsel, or its general counsel in the state where...

Confidentiality Agreements

Most people I speak to about the possibility of bringing an employment litigation matter are convinced of two things before we speak. First, that they would prefer to settle their case than to try it. Second, that their employer will also want to settle the case...

Settling Business Disputes

The settlement of a business litigation is nothing more than a business deal. Some business deals close; and some do not. The same is true with possible business litigation settlements. Some will be consummated and some will not. Those that do not will obtain a result...

Company Property

Well run companies create and disseminate written policies pertaining to the use of company property and the return of company property at the end of one’s employment. Courts will ordinarily enforce written policies to the letter. But for companies without written...

Insuring Your Business

Virtually every business I come into contact with has liability insurance. Liability insurance protects the company against claims for injuries to third parties, such as customers who are injured in an accident on the premises. But there is also insurance coverage for...