Bailment: Liability for Property being Repaired or Stored If property is repaired or stored, a basic understanding of bailment law is essential. As always, bailment law is complex and involves analysis of facts and issues specific to your case. I strongly recommend you seek advice of a competent attorney [...]
Why is this lawsuit filed there? Many of my clients ask me how lawyers decide where to file a lawsuit. If often seems that lawsuits are filed in inconvenient places far away from where the actual dispute occurs. Or it seems like a lawsuit is filed in a place [...]
How Leases Expire: What You Need to Know About Premises Condition, Termination, and Security Deposits Landlord tenant relationships are largely creatures of contract. The lease document and terms generally set out the business relationship between the parties, circumstances that constitute default, consequences for default, and remedies available to the [...]
Mediation as a Dispute Resolution Tool Many clients, especially business clients, come to me when faced with a crisis. A contract breach has cost time, money, and work and the situation will only worsen if the breach is not resolved. One effective method of resolving such a dispute early [...]
E-Discovery Issues Critical for Corporate Parties in Litigation More and more companies are discovering that litigation not only involves preserving copies of contracts, invoices, and records. It also involves extensive search, retrieval, preservation, and review of email, text messages, website data (new and archived), intermal memoranda, and independent forensic [...]
Leases Are Not "Forms" I occasionally have clients request a simple "form" lease, for various purposes ranging from commercial leases to simple residence tenants. Sometimes, a standard lease that can be purchased at any office supply or book store will suffice for simple, short-term, informal situations. However, parties to [...]
Arbitration vs Litigation in Construction Disputes Whether you are an owner, general contractor, subcontractor, or supplier, chances are at some point you have been a party to a contract with an arbitration clause. These clauses are anything but boiler-plate and standard, and should be carefully reviewed. Also, many in [...]