In business litigation cases, the depositions of the principal witnesses are very important. It is not enough to simply instruct your client to tell the truth. Telling the truth is required, of course, but this instruction does not replace preparation. A well prepared...
Philadelphia Law Blog
Breaking Up is Hard to do
by stanleycheiken | Oct 7, 2023 | Firm News
When business owners are unable to get along, the best course of action is likely to be an agreement which creates an orderly separation of their association. This may take the form of a buyout, a sale of the company, or some other agreement where the business moves...
Winning and Settling
by stanleycheiken | Sep 23, 2023 | Firm News
The great majority of business litigation matters are settled at some stage. There are many reasons to settle, as I have discussed at times in this Blog. Essentially, a settlement is an opportunity to avoid risks/exposures. Another way to say that is a settlement is a...
Winning Big
by stanleycheiken | Sep 16, 2023 | Firm News
I won a disciplinary matter this week. The client was facing a 6 month suspension. The client felt that he hadn’t received a fair opportunity to defend against the alleged misconduct. That argument prevailed and the suspension was revoked. By objective standards, it...
Analyzing Employee Claims
by stanleycheiken | Sep 10, 2023 | Firm News
I often consult with individuals who are having problems with their employers. They might have claims for unpaid compensation, or for discriminatory treatment, or alleged poor performance. Each case is different factually, and they often vary in terms of the legal...
Why Mediate?
by stanleycheiken | Sep 2, 2023 | Firm News
In modern business litigation, mediation has become very common. By contrast, when I first began to work in the industry, mediations were rare. Most cases did not have a settlement conference of any kind until they were called for a pretrial conference by the trial...
Business Torts
by stanleycheiken | Aug 26, 2023 | Firm News
What are business torts and why should they be utilized when available in litigation? A tort is a civil wrong and it is differentiated from a breach of contract. Examples of business torts include fraud, conversion and breach of fiduciary duty. The primary distinction...
Justice Takes Time
by stanleycheiken | Aug 12, 2023 | Firm News
This week, the Superior Court of Pennsylvania issued an opinion affirming the decision of the trial court in a case that I am handling. The lawsuit involves a claim that the plaintiff was squeezed out of a corporation in which he is a minority shareholder. The events...
Getting Started
by stanleycheiken | Aug 6, 2023 | Firm News
When is the right time to file suit in a business dispute? It depends on a number of factors. Filing a lawsuit is a drastic remedy and as a general rule alternatives should be pursued first. However, that is not always possible. Sometimes the matter at hand is an...
Going to Trial
by stanleycheiken | Jul 28, 2023 | Firm News
A sad reality of civil litigation is that there is substantial pressure brought to bear to prevent civil litigants from trying their cases. Slim few of the cases that are filed in courts will ultimately be tried to conclusion. Most cases are settled. I decided to...
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