Philadelphia Law Blog

This week it was announced that the Federal Trade Commission is exploring the possibility of implementing a rule that would prevent the enforcement of non-competes against former employees. I believe this is going to happen. I also believe that many states will enact...

Let’s not call them resolutions, but here a few items for attorneys (me) to focus on in 2023: 1. Foster rich and rewarding client relationships. 2. Work better, not harder. 3. Take cases that interest you and challenge your skill set. 4. Maintain cordial and collegial...

In our legal system, the people need advocates. That’s what trial lawyers are - trained advocates with knowledge of the law and the procedural rules of engagement. Most people lack the skills to advocate for themselves effectively in a court of law. That’s where trial...

Recently, I have been watching televised hearings in which attorneys have represented themselves. Big mistake. I wonder whether any of those attorneys realized they were losing while the hearing was occurring. The shocking lack of judgment that led to the decision to...

When discussing where to file a lawsuit with clients, I often quip that, “I have a car.” The point being that I believe a case should be filed in its best strategic forum, even if that forum is not the closest one to my office. But that doesn’t mean every forum is the...

Attorneys are advocates for their clients. This is not an opinion. It is a fact - and it is codified in the rules of professional conduct. Our jobs include advocating for our clients and their positions. For me, being an advocate includes communicating unequivocally...

The great majority of business litigation matters end up settling at some point - almost always at some point prior to trial. Several of my business litigation colleagues have only tried a handful of cases - a fact that demonstrates just how proficient they are at...

It didn’t take me long to realize something about trial lawyers. After working for a few years in a boutique litigation firm in Center City Philadelphia, having been exposed to some of the top trial lawyers at the time, and having watched some of the best judges do...

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...