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    <title type="text">Law Offices of Stanley B. Cheiken</title>
    <subtitle type="text">Law Office of Stanley B. Cheiken</subtitle>

    <updated>2026-05-19T16:18:51Z</updated>

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        <entry>
            <author>
									                    <name>by Law Office of Stanley B. Cheiken</name>
				            </author>
            <title type="html"><![CDATA[Happy Thanksgiving]]></title>
            <link rel="alternate" type="text/html" href="https://www.cheikenlaw.com/blog/2025/11/happy-thanksgiving-2/" />
            <id>https://www.cheikenlaw.com/?p=49993</id>
            <updated>2025-11-27T22:44:28Z</updated>
            <published>2025-11-27T22:44:28Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[A few things for which I’m thankful about my law practice: For my clients, who allow me to advocate for them and trust me with matters of utmost importance. For my colleagues, who keep me on course, support me, and teach me how to practice. I have always learned best by observing first — and I am observing. For opposing…]]></summary>
			                <content type="html" xml:base="https://www.cheikenlaw.com/blog/2025/11/happy-thanksgiving-2/"><![CDATA[A few things for which I'm thankful about my law practice:
<ol>
 	<li>For my clients, who allow me to advocate for them and trust me with matters of utmost importance.</li>
 	<li>For my colleagues, who keep me on course, support me, and teach me how to practice. I have always learned best by observing first -- and I am observing.</li>
 	<li>For opposing counsel, who make the practice so challenging, and therefore so rewarding.</li>
 	<li>For the Judges and their staff, who provide the setting and stage for me to do what I love.</li>
</ol>
Happy Thanksgiving to all!]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>by Law Office of Stanley B. Cheiken</name>
				            </author>
            <title type="html"><![CDATA[Who knows?]]></title>
            <link rel="alternate" type="text/html" href="https://www.cheikenlaw.com/blog/2025/11/who-knows/" />
            <id>https://www.cheikenlaw.com/?p=49992</id>
            <updated>2025-11-15T16:15:22Z</updated>
            <published>2025-11-15T16:15:22Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[In business and employment disputes, it is commonly accepted that arbitration provisions are preferred by employers. There are numerous reasons for this, with the primary one being that juries may be unsympathetic to employers. For this reason alone, many attorneys representing employees seek to avoid arbitration and to develop strategic approaches remain in court with claims to be tried to…]]></summary>
			                <content type="html" xml:base="https://www.cheikenlaw.com/blog/2025/11/who-knows/"><![CDATA[In business and employment disputes, it is commonly accepted that arbitration provisions are preferred by employers. There are numerous reasons for this, with the primary one being that juries may be unsympathetic to employers. For this reason alone, many attorneys representing employees seek to avoid arbitration and to develop strategic approaches remain in court with claims to be tried to a jury. However, that strategic approach is not always optimal. A "one size fits all" approach does a disservice to clients, who are capable of contributing to important strategic decisions such as whether their cases should be tried or arbitrated. Over the course of the last several years, my clients have become increasingly more aware and concerned about the public nature of court proceedings.  The "Google Machine" will now likely yield details about lawsuits filed by or against individuals. Prospective employers, business partners, nosy neighbors, family and friends now have easy to access to online docket reports and filings. Of course, court filings have always been public. But now, they are so readily accessible, that the public can access them without leaving their home or spending any money. By contrast, arbitrations are truly private. There is no public docketing system and no right of the public to review case filings. Litigants can have their cases decided with little risk of the result becoming public fodder for prospective future employers or business colleagues, nosy neighbors, etc. Many of my clients (particularly Millennials and later) heavily weigh the value of their online presences and are pleased to learn that an arbitration provision in a business or employment agreement will enable to them to pursue claims privately.]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>by Law Office of Stanley B. Cheiken</name>
				            </author>
            <title type="html"><![CDATA[Executive Severance]]></title>
            <link rel="alternate" type="text/html" href="https://www.cheikenlaw.com/blog/2025/11/executive-severance/" />
            <id>https://www.cheikenlaw.com/?p=49991</id>
            <updated>2025-11-01T14:31:31Z</updated>
            <published>2025-11-01T14:31:31Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[Reviewing and negotiating executive severance packages is one of my favorite practice areas. These representations are generally short-lived, but during the representation I have the pleasure of meeting a new client, learning about their careers, family, and professional goals, providing them practical advice and experienced counsel, and helping them transition to the new stage of their careers. When evaluating an…]]></summary>
			                <content type="html" xml:base="https://www.cheikenlaw.com/blog/2025/11/executive-severance/"><![CDATA[Reviewing and negotiating executive severance packages is one of my favorite practice areas. These representations are generally short-lived, but during the representation I have the pleasure of meeting a new client, learning about their careers, family, and professional goals, providing them practical advice and experienced counsel, and helping them transition to the new stage of their careers. When evaluating an executive severance package, it is important to consider whether the employee has existing claims, contractual or otherwise, that would be released or restricted by the signing of the severance agreement. Likewise, it is important to consider the true value of the consideration being offered by the employer, in both economic and non-economic terms. Each client has different goals, expectations, exposures, risk tolerance, financial wherewithal, and family dynamics. It is also important to remember that each employer also has different goals, expectations, exposures, risk tolerance, etc. This makes each representation unique. Like solving a puzzle, there is tremendous satisfaction when I am to help a client obtain a favorable result.]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>by Law Office of Stanley B. Cheiken</name>
				            </author>
            <title type="html"><![CDATA[Removal/Remand]]></title>
            <link rel="alternate" type="text/html" href="https://www.cheikenlaw.com/blog/2025/10/removal-remand/" />
            <id>https://www.cheikenlaw.com/?p=49990</id>
            <updated>2025-10-11T16:49:33Z</updated>
            <published>2025-10-11T16:49:33Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[In litigation, one of the first strategic considerations is to determine where the case will be filed. This is extremely important for a variety of reasons, and in business disputes, the client’s input is important as well. For the most part, where the case is filed is the plaintiff’s decision. But not always. There are times when a defendant can…]]></summary>
			                <content type="html" xml:base="https://www.cheikenlaw.com/blog/2025/10/removal-remand/"><![CDATA[In litigation, one of the first strategic considerations is to determine where the case will be filed. This is extremely important for a variety of reasons, and in business disputes, the client's input is important as well. For the most part, where the case is filed is the plaintiff's decision. But not always. There are times when a defendant can choose where the case will be litigated. One of the issues to be evaluated in cases filed in state court is whether the case is subject to removal from the state court to the federal court where that state court is situated. Cases that raise federal questions and cases that involve diverse citizens of different states can be removed from state to federal courts. In evaluating a case on behalf of a defendant, an attorney should not forget to consider whether it may be wise to litigate the matter in federal court. Remember, in cases where the plaintiff is well represented, plaintiff's counsel has already made the strategic decision to file in state court. Why? Is there something about federal court that the plaintiff wants to avoid? Is there a benefit to choosing a forum that plaintiff wants to avoid? Experienced counsel know the answers to these questions and can help make the best strategic decision. Pro tip: Just because the plaintiff does not want to litigate in federal court does not mean that defendant should want to litigate in federal court. There is more to the analysis, and sometimes both sides will agree that state court is the better forum. If you decide that removal would be wise, remember to follow the strict procedural rules and deadlines for removal. Also, keep in mind that a plaintiff has the ability to request that the federal court remand the case to state court for several reasons. But generally, if the case was properly removed in the first place, a federal court will keep the case and decided it in that forum.]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>by Law Office of Stanley B. Cheiken</name>
				            </author>
            <title type="html"><![CDATA[Rescission]]></title>
            <link rel="alternate" type="text/html" href="https://www.cheikenlaw.com/blog/2025/09/rescission/" />
            <id>https://www.cheikenlaw.com/?p=49978</id>
            <updated>2025-09-14T19:58:11Z</updated>
            <published>2025-09-14T19:58:11Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[Under certain circumstances, a party claiming to have been the victim of a breach of contract can seek the remedy of rescission. Under that approach, instead of seeking damages resulting from the breach of contract, what is sought is to undo the contract entirely, returning the parties to the positions they occupied before entering into the contract. But rescission is…]]></summary>
			                <content type="html" xml:base="https://www.cheikenlaw.com/blog/2025/09/rescission/"><![CDATA[Under certain circumstances, a party claiming to have been the victim of a breach of contract can seek the remedy of rescission. Under that approach, instead of seeking damages resulting from the breach of contract, what is sought is to undo the contract entirely, returning the parties to the positions they occupied before entering into the contract. But rescission is not available or appropriate in all situations. To seek rescission, the non-breaching party must act promptly and the parties must be able to be returned to the position they occupied prior to the contract. If it is not possible for the parties to be returned to that position, then rescission is inappropriate, and damages for breach is the proper remedy.]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>by Law Office of Stanley B. Cheiken</name>
				            </author>
            <title type="html"><![CDATA[Yardley Borough]]></title>
            <link rel="alternate" type="text/html" href="https://www.cheikenlaw.com/blog/2025/08/yardley-borough/" />
            <id>https://www.cheikenlaw.com/?p=49938</id>
            <updated>2025-08-23T12:19:08Z</updated>
            <published>2025-08-23T12:19:08Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[This week, I am moving to a Regus shared office space in Yardley Borough, Bucks County. The move will give me more flexibility to work remotely, not only from Yardley, but from just about anywhere Regus has a location. Being untethered from a specific office is exciting and I look forward to spending more time being an attorney and less…]]></summary>
			                <content type="html" xml:base="https://www.cheikenlaw.com/blog/2025/08/yardley-borough/"><![CDATA[This week, I am moving to a Regus shared office space in Yardley Borough, Bucks County. The move will give me more flexibility to work remotely, not only from Yardley, but from just about anywhere Regus has a location. Being untethered from a specific office is exciting and I look forward to spending more time being an attorney and less time trying to “get back to the office.”

Enjoy the rest of your Summer!]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>by Law Office of Stanley B. Cheiken</name>
				            </author>
            <title type="html"><![CDATA[Try a Trial]]></title>
            <link rel="alternate" type="text/html" href="https://www.cheikenlaw.com/blog/2025/08/try-a-trial/" />
            <id>https://www.cheikenlaw.com/?p=49933</id>
            <updated>2025-12-12T09:36:06Z</updated>
            <published>2025-08-17T12:03:51Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[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 litigation worth it? The answer is sometimes (again focusing on the clients and not fee generation). Many, but not all, business litigation…]]></summary>
			                <content type="html" xml:base="https://www.cheikenlaw.com/blog/2025/08/try-a-trial/"><![CDATA[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 <a href="/business-litigation/" data-wpel-link="internal">business litigation worth it</a>? The answer is sometimes (again focusing on the clients and not fee generation). Many, but not all, business litigation matters involve issues that can be won, lost or effectively narrowed on the basis of pre-trial motions. Many, but not all, business litigation matters can be efficiently resolved through mediation. Significantly, and focusing on the "not all" aspect of this conversation, there are cases in which it is evident that pre-trial motions practice is extremely unlikely to result in a final disposition or a narrowing of the issues that justifies the corresponding cost and delay involved in the practice itself. Likewise, there are cases whose facts or litigation posture are such that a mediation is little more than wishful thinking, again not justifying the cost and potential delay that is attendant to the mediation itself. Often, the most efficient way to dispose of a business litigation is the old-fashioned way -- call it for trial. The majority of the cases called will be settled prior to or at a final pre-trial conference. The rest can be tried. Moreover, mediation can occur after trial, with the litigants having a much clearer understanding of their respective exposure. This approach does not work for every case, but neither does the approach that assumes there will be dispositive motions practice and a protracted mediation practice in every case.]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>by Law Office of Stanley B. Cheiken</name>
				            </author>
            <title type="html"><![CDATA[Virtually Certain]]></title>
            <link rel="alternate" type="text/html" href="https://www.cheikenlaw.com/blog/2025/07/virtually-certain/" />
            <id>https://www.cheikenlaw.com/?p=49932</id>
            <updated>2025-07-19T11:14:09Z</updated>
            <published>2025-07-19T11:14:09Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[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 maximize my ability to work remotely. Technology is an amazing…]]></summary>
			                <content type="html" xml:base="https://www.cheikenlaw.com/blog/2025/07/virtually-certain/"><![CDATA[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 maximize my ability to work remotely. Technology is an amazing thing. Unfortunately, for experienced and busy professionals like me, it is very easy to keep plodding along without embracing new ideas, approaches and technologies. Not surprisingly, when I finally took the time to understand how I can benefit from embracing change, the lightbulb went off. I will be modernizing the way I communicate and meet with clients, handle information, and organize my day. I’m looking forward to embracing change and benefitting professionally and personally from practicing law ina modern age.]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>by Law Office of Stanley B. Cheiken</name>
				            </author>
            <title type="html"><![CDATA[Mediation]]></title>
            <link rel="alternate" type="text/html" href="https://www.cheikenlaw.com/blog/2025/07/mediation-3/" />
            <id>https://www.cheikenlaw.com/?p=49931</id>
            <updated>2025-12-12T09:38:37Z</updated>
            <published>2025-07-04T10:40:51Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[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 the period of several days and ultimately a settlement was reached. Here are two observations that are almost…]]></summary>
			                <content type="html" xml:base="https://www.cheikenlaw.com/blog/2025/07/mediation-3/"><![CDATA[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 the period of several days and ultimately a settlement was reached. Here are two observations that are almost always true in <a href="/business-litigation/" data-wpel-link="internal">business litigation settlements</a>:
<ol>
 	<li>A settlement involves compromise. Unless both sides are willing to compromise, settlements rarely happen.</li>
 	<li>When all is said and done, parties to a settlement were usually much closer to resolution than they realized at the outset. The key is committing to the mediation process and allowing it to unfold.</li>
</ol>
Happy Independence Day to all!]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>by Law Office of Stanley B. Cheiken</name>
				            </author>
            <title type="html"><![CDATA[Achieving Goals]]></title>
            <link rel="alternate" type="text/html" href="https://www.cheikenlaw.com/blog/2025/05/achieving-goals/" />
            <id>https://www.cheikenlaw.com/?p=49930</id>
            <updated>2025-05-25T14:44:53Z</updated>
            <published>2025-05-25T14:44:53Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[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 comes to you with a problem, the need to file or defend a…]]></summary>
			                <content type="html" xml:base="https://www.cheikenlaw.com/blog/2025/05/achieving-goals/"><![CDATA[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 comes to you with a problem, the need to file or defend a lawsuit. They generally don't know how to solve the problem any more than they would know the best way to fill a cavity, fix a leaky pipe or weed a flower garden. But clients do know the result they want, and that's why the primary focus should be on the solution. What result do you want? Am I able to provide it? How would I go about it? How much may it cost? As an attorney, I don't define the goals of a litigation matter - the client does. If I want to maximize a successful representation, I need to constantly work with the client to define and refine realistic and achievable goals. Communication is key and the best time for me to begin this process is when we are discussing possible engagement, before I accept the  representation.]]></content>
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