Lawyers, you would think, would be relatively at ease with the law, especially after devoting three years or more of their lives to law school and having made the law their chosen profession, but it never ceases to amaze me ...
Read More »'Prima' prong punctures pregnancy, performance pair
Claimants under federal, state and local discrimination laws generally must satisfy a three-pronged standard to overcome summary judgment. The triumvirate standard requires the claimant first to establish a prima facie case; then shifts the burden to the employer to provide ...
Read More »The fight against fraud
If you’ve been living under a rock for the last several years, you might not have heard yet that fraud is big business. Companies are most at risk of fraud from their employees, since the employees have access to information ...
Read More »Problem partners
Partners sometimes disappoint each other. But if one of your partners has a legitimate and serious problem such as alcoholism or anger management issues, you need to face it squarely and quickly, while taking all necessary steps to ensure clients ...
Read More »Payment schedules and post-dated checks
We are continuing to talk about the topic of “collecting” as the fifth and final area of the five areas that make up every business in the world. The other four areas are as follows: “Clients” or “customers”; “Administration”; “Getting ...
Read More »Public companies hesitate giving public guidance
Today, many public companies have taken the silent approach when it comes to giving public guidance on a quarterly or annual basis. More often than not, a company says guidance focuses investors and analysts away from short-term results and toward ...
Read More »Mediation approaches to make outside the room
We know that in many cases, parties reach agreement in mediation where they had previously tried to do so without success, perhaps on a number of occasions. Something had to have changed during the mediation for this to have happened ...
Read More »Looking to the bright for what is right
As my last column closed, I asked whether we wish to leave the effort to reconcile the various jurisprudential philosophies to economists, who evaluate legal outcomes solely by their degree of conformity to economic theory. My answer is no. Instead, ...
Read More »The future of demonstrative evidence involves
Presenting evidence in trial, mediation and other legal arenas has changed dramatically over the years. We are still learning methods to prepare information to achieve the greatest impact with a judge and jury. A mixed media of information can keep ...
Read More »Customized service builds client loyalty
Client loyalty is best built with customized services that specifically meet client need. It is time to banish the “standard” treatment including standardized letters and invoices in favor of customized support. Think of amazon.com, for example. It learns about its ...
Read More »To arbitrate or not poses perplexing questions
“To be, or not to be: that is the question,” – Shakespeare, “Hamlet,” Act III, Scene I, 1661 Judges are often confronted with the question of whether a dispute must be arbitrated and, after the arbitration, whether to uphold the ...
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