7 Contract Damages Provisions to Bargain Over

break(great for any design)When you’re negotiating and drafting a contract, your client may be excited and focused on the positives, but you have to keep your eye on the dark side, i.e., the consequences of a breach. Consider bargaining over favorable damages provisions—just in case. Continue reading

Size Up Your Adversary

ThinkstockPhotos-494299501When it comes to litigating a case, your client’s objectives are only half the story. If you want to gain an advantage, you’ll also need to successfully assess your adversary’s goals, capabilities, and willingness to fight. Continue reading

6 Things to Know About Interrogatory Responses

ThinkstockPhotos-158217439So, you’ve been hit with interrogatories. Before you start working on responses, review these 6 points. Continue reading

Divorce Papers Served by Facebook: Cold or Practical?

ThinkstockPhotos-465393314Calling social media “the next frontier in the developing law of the service of process over the internet,” a New York judge has allowed service of divorce papers via Facebook private messaging. This is either a cold invasion of one’s social media space or a practical solution to a service problem. Either way, it’s something few recipients will “Like.” Continue reading

Who’s an Independent Contractor in the New Economy?

ThinkstockPhotos-86492263Deciding whether to treat workers as employees or independent contractors is tricky in general and even more so in the context of the new so-called sharing economy. In recent decisions, courts have refused to resolve whether the drivers for Lyft and Uber should be treated as employees or independent contractors, leaving it for juries to tackle the question. And the answer could majorly impact the companies’ highly successful business model. Continue reading

Using Fiduciary Accountings as a Client Management Tool

178406759When representing a fiduciary such as a conservator or personal representative, you’re often dealing with a lay person who may be feeling overwhelmed by unfamiliar responsibilities. One way to bring the situation under control is to use the fiduciary accounting as a client management tool. Here’s how. Continue reading

Huge Settlement in Massive Data Breach, But Will It Help?

ThinkstockPhotos-496237855Remember the massive data breach incident at Target stores during the holiday season of 2013? It resulted in a huge class action suit that may soon be settled for $10 million. Could this be the cautionary tale to get retailers to take data security more seriously? Continue reading

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