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

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

Post-Dispute Adoption of Arbitration Bylaw Fails

466168267The following is a guest blog post by Richard G. Burt. Mr. Burt provides legal services to new and established businesses, including forming business entities, negotiating and drafting agreements, and advising clients on business law issues.

Recent court decisions in other states allowing enforcement of certain “forum selection” clauses in corporate bylaws has sparked much discussion on the scope of such clauses. A California court has just weighed in and made it clear that a forum selection clause in corporate bylaws can’t simply be amended to require arbitration of a dispute that’s already pending in court. Continue reading

Scam Directed at Lawyers Is Expanding

455235053The following is a guest blog post by Richard G. Burt. Mr. Burt provides legal services to new and established businesses, including forming business entities, negotiating and drafting agreements, and advising clients on business law issues.

A scam that has been commonly pulled on collection lawyers and other litigators is now being aimed at transactional lawyers. Be alert to it and know how to avoid becoming a victim. Continue reading

Contract Drafting 101

463468333Do you feel like you learned a lot about contract law in law school, but very little on how to actually draft one? You’re not alone. Check out these principles of contract structure and organization, and you’ll have no problem drafting your next contract. Continue reading

Demanding Debt Payment

462210451Common scenario: a client comes to you for help in collecting a consumer debt. You should start off by demanding payment on your client’s behalf, and then evaluate any response you get. Continue reading

They Know Computers But Not How to Help Your Case

183145432When corporate goes criminal, i.e., an investigation involving a corporation leads to a criminal case headed to trial, you often need computer forensic experts to testify about the evidence. Such experts know all about electronic devices and data storage and retrieval, but they don’t necessarily know how to clearly relay that knowledge. It’s up to you to prepare your computer forensics expert to testify effectively. Continue reading

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