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I have been enjoying the World Series. The Phillies team has captured the hearts of the city with their fighting spirit and passion for the game. On the opposite end of the spectrum is the TV broadcast team. Particularly legendary pitcher John Smoltz. His style can...
When one party to a contract does not receive proper performance from the other side, a breach of contract has occurred. But what next? If a breach has occurred, it is the non-breaching party's responsibility to say so. This should be done within a reasonable period...
Did you know that non-competes and non-solicitations are different? Generally, a non-compete restricts someone from working in the particular field of a former employer in a limited geographic territory for a limited period of time. A non-solicitation does not...
Fall is upon us. For business owners, this is a good time to review your contracts with vendors, partners, personnel, customers, and the like. Do you have any unwritten agreements that should be firmed up and committed to writing? Do you have any contracts, such as...
If you are a licensed professional, your "ticket" is probably the most important and valuable business asset you own. Without it, you will need a new line of work. Unfortunately, I frequently see licensed professionals in disciplinary actions/investigations who first...
Tortious interference with contractual relations is the most common of the business torts. Under this cause of action, a plaintiff can seek damages for the loss of a contractual relationship as a result of improper interference by a third party. Punitive damages are...
A contract is a mutual exchange of legally enforceable promises. So in the event that one of the contracting parties breaches its promise, you would think that the non-breaching party could have the promise legally enforced. Well . . . not exactly. In the vast...
My father owned a drug store. I used to work at the front register when I was just a child. When a customer approached staff with a question, we were trained to say, “How can I help you?” As an attorney, I believe this is still the best question to ask a potential new...
A contract is a mutual exchange of legal promises. For example, you agree to paint my house; and I agree to pay you $500. Each of us has promised to perform. But what if someone fails to perform their promise? That is called a breach. When a beach occurs, the...
The practice of law is fantastically more efficient now than it was when I first began to work in a law office in the 1980's. We had fax machines then, which was a significant technological advancement. But imagine a law practice with no internet, no cell phones, and...