Business Transactions

Is the Discharged Employee Entitled to Severance?

Employees are only entitled to severance if provided for in an employment contract.

Severance, where provided for in a contract, can, especially with senior-level executives, be for quite a large amount of money. If there are severance provisions, typically there will be contractual definitions of termination for “cause”; in those

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Key Decisions to Consider Before Starting a Business

So you’ve decided to start a business. What type of business structure is best for you? You have many choices. If on your own, you can be a sole proprietor. However, you should also consider various types of business entities: You can form a limited liability company, even if you

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Equity vs. Law: Understanding the Difference

The decisions that parties make at the beginning of a lawsuit can have lasting consequences throughout the litigation. Many litigants have heard that historically, there had been a distinction between courts of equity and courts of law. Today, while there still exists a distinction between equitable claims, such as actions

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Discovery: The Vital Next Step

Cases can often be won or lost during discovery. When a dispute arises and a party hires an attorney, they will spend time, together, going over the facts, providing relevant documents, and giving the attorney enough information so that the attorney can provide advice as to the strengths and weaknesses

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Life As An Open Book

In business today, it is commonplace for individuals to send numerous emails or texts during the course of the day, rather than one comprehensive, well thought-out and well written memorandum or letter – even one transmitted by email. Far too often, people have developed a habit of putting something in

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Look before you leap!

Very often, individuals and companies are presented with documents that they are required to sign in order to obtain a service, purchase goods or engage in a transaction. Unfortunately, these contracts can be lengthy, written in small print, and/or written in “legalese.”

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Who Benefits From Mandatory Arbitration Clauses? Part 2

It is one thing when sophisticated parties, of relatively equal bargaining positions, opt to include an arbitration clause in an agreement. It is quite another thing when parties, even those engaged in commercial enterprises but of relatively unequal bargaining positions, agree, or are forced to agree, to an arbitration clause.

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Who Benefits From Mandatory Arbitration Clauses?

Arbitration is a form of alternative dispute resolution that can take the place of traditional litigation. Arbitration is very different than traditional litigation in court, and the process has various advantages and disadvantages. A party can only be required to submit a dispute to arbitration if all of the parties

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Can Oral Agreements be Enforced?

Arbitration is a form of alternative dispute resolution that can take the place of traditional litigation. Arbitration is very different than traditional litigation in court, and the process has various advantages and disadvantages. A party can only be required to submit a dispute to arbitration if all of the parties

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Lawyers & Clients: Build a Blooming Relationship

When a client first seeks an attorney for advice in deciding whether to pursue a claim or settle one brought by another, the relationship that is established at the outset and decisions made early on can have a significant impact on the ultimate outcome of the matter. It is the

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Solving Financial Mysteries with Forensic Accounting

To most effectively represent the client, a smart attorney will often times call upon a forensic accountant to assist him in analyzing and preparing a case. By working in tandem with an expert, the attorney can provide the client with an assessment of the case’s strengths and weaknesses as well

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