Law Blog

Business litigation has become overly dependent upon pretrial motions and mediation practice. Let's set aside, just for a moment, the fact that motions practice and mediation practice offer substantial revenue opportunities for attorneys. Are these aspects of business...

In a continuing effort to lean in to the modern efficiencies of practicing law, I have decided to go virtual. In the fall, I will move my office to a shared workspace with flexibility to work from just about anywhere in the world. But more practically, I’ll be able to...

One of my cases settled recently. The parties agreed to mediate their dispute using a private mediator. Like many of my cases, there was deep seated animosity between the litigants, which made the prospects for settlement more difficult. The mediation occurred over...

As a professional, I have the privilege and responsibility of attempting to achieve my clients' goals in a field (litigation) in which they have little or no expertise. The same would be true if I were a dentist, plumber or landscaper. The point is that the client...

Over the years I've heard many colleagues talk about venues where they don't like to practice. Some suburban lawyers don't like Philadelphia courts; and some Philly lawyers don't like to appear in the county courts. But I like to take my show on the road. In the main,...

My law practice has evolved over many years to the point where I now represent fewer clients, but the matters involve substantially larger monetary disputes. Because of the amounts at issue, there are many more strategic considerations that are involved in these legal...

I watched a hearing this week where an expert witness was taken down on cross examination by an experienced lawyer asking compound questions that were loaded with facts not in evidence. The attorney offering the expert sat silently, never once objecting to a question....

I finished up a trial this week. As a trial lawyer, I’m happy to report that I love trying cases. Many but not all of my adversaries do as well, and it is pretty obvious by observation of the trial who enjoys it and who detests it. In many ways, 99% of what we do as...

Pennsylvania has a powerful Wage Payment and Collection Law statute, 43 P.S. §260.1 et seq. Under the statute, if an employee's "wages" are withheld for more than 30 days in bad faith, the employee may be awarded liquidated damages in the amount of 25% of the amount...

It takes two to Tango. That’s what I tell clients who want to negotiate a quick settlement. The first step, and arguably the most important one, is getting into a negotiation to begin with. If you don’t have a “dance partner” then you are probably wasting your time....