Posted on April 24, 2015 by Julie Brook, Esq.
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
Filed under: Business Law, Legal Topics | Tagged: breach of contract, contract drafting, contract negotiation, contract provision, damages, guarantor, indemnity, insurance, remedies, surety | Leave a comment »
Posted on April 22, 2015 by Julie Brook, Esq.
When 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
Filed under: Civil Litigation, Discovery, Legal Topics, Litigation Strategy, Pretrial Matters, Settlement Negotiation, Trial Strategy | Tagged: case assessment, case settlment, civil litigation, litigation, litigation strategy, pretrial discovery | Leave a comment »
Posted on April 20, 2015 by Julie Brook, Esq.
So, you’ve been hit with interrogatories. Before you start working on responses, review these 6 points. Continue reading
Filed under: Civil Litigation, Discovery, Legal Topics | Tagged: electronic discovery, interrogatories, litigation, pretrial discovery, protective order, responding to discovery requests, special interrogatories | Leave a comment »
Posted on April 15, 2015 by Julie Brook, Esq.
Deciding 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
Filed under: Employment Law, Legal Topics, New Legal Developments | Tagged: independent contractors, Lyft, new economy, right to control test, sharing economy, Uber | Leave a comment »
Posted on April 13, 2015 by Julie Brook, Esq.
When 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
Filed under: Elder Law, Estate Planning, Legal Topics | Tagged: accounting, conservator, CPA, fiduciary, fiduciary duty, guardian, personal representative, trustee | Leave a comment »
Posted on April 6, 2015 by Jean Magistrale, Esq.
Remember 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
Filed under: Business Law, Legal Topics, New Legal Developments | Tagged: credit card breach, data breach, data security, hacking, privacy, Target customers, Target Stores | Leave a comment »