Clients hire attorneys to provide services and render advice. Clients want, and should demand, that those services and the advice rendered should include helping the client give the best presentation that she can. By keeping it simple — remembering that less can be more — clients can best tell their
The facts underlying many disputes can be very simple. Others may be more complicated. In either case, when preparing a pleading, motion papers, or testimony for a court proceeding, the goal for the attorney and the client should be to tell a straightforward and compelling story, as simply as possible.
Just as text messaging and email have allowed us to communicate with each other in real time, social media has allowed us to interact with people we don’t really know; or know at all.
As most of us have become very adept at using email, text, and social media, our lives have sped up. It has become possible for us to instantly connect with one another, feasible to complete transactions with a swipe or a click, and easier to gain knowledge about anything —
New York is an at-will state. If the employee does not have a contract entitling her to continued employment for a period of time and/or setting forth grounds necessary for termination, and if no discrimination is involved and the law is not otherwise violated, an employer can discharge an employee
Must your agreement be in writing to be enforceable? The answer is: Yes. Or no. In the world we live in, we make agreements with other people, with companies, and with other businesses. Sometimes they’re formal and in writing, but other times (in the real world), they are not. Can
I provided an overview of arbitration and what happens if one chooses to take this path. In this continuation, I discuss discovery and motion practice, arbitrator selection and the hearing, and the finality of arbitration. Discovery and Motion Practice: The two main areas in which arbitration may differ from a
People unfamiliar with the various forms of alternative dispute resolution often ask the difference between mediation and arbitration. In addition, they often want to know the difference between arbitration and a traditional lawsuit—meaning, going to court.
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
As lawyers and many clients know, discovery can be very expensive and time-consuming. The default for most attorneys is to ask for everything to make sure they have “covered the waterfront”; after all, one does not want to miss an important document they may need for trial. In so doing,
A company’s interest in protecting its trade secrets was recently acknowledged by the passage of the Defend Trade Secrets Act of 2016 (the “DTSA”), a federal statute that was signed into law in May 2016. The new statute enhances a company’s efforts to protect its trade secrets by strengthening the
here are risks involved in non-compete agreements, which are often part of an employment contract, and employees and employers should be aware of them. There are many legitimate reasons why an employer may want to include a non-compete agreement in an employee’s employment agreement.
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
Clients often ask whether or not they must go to court. As in many areas, there is a simple answer and a not-so-simple answer. The simple answer is: if you were named as a defendant in a case and were served with the complaint, you must go to court. If
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
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.
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
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
From time to time, individuals and companies will be served with a subpoena requesting the production of documents that may be relevant to a litigation in which that person or company is not a party. The person or party served may have no interest in the outcome of the litigation,
The awarding of legal fees is a sword that cuts both ways. Many clients, particularly those who believe that their adversary’s claim or defense is baseless, ask whether they will be entitled to recover attorney’s fees when they prevail in a lawsuit. After all, “why should I be out of
Factoring, a form of commercial lending, typically offers two types of services to its clients: a degree of credit protection and providing the company with the ability to borrow against its assigned receivables. Factoring is especially prevalent in industries involving the manufacture and sale of consumer goods, such as the
How can small and mid-sized businesses secure high-caliber legal advice? Large companies often have a general counsel on staff who is paid a salary and receives benefits to provide legal advice to the company. The general counsel may perform some legal services themselves and may also retain outside counsel, whom
Have you ever heard about the friends who went into business? If they had given more thought to their future business relationship and had the proper agreement drafted, could things have worked out differently? When “partners” decide to go into business, excited about a new prospect, they often jump in;
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
Mediation is an alternative dispute resolution (ADR) process in which adversarial parties engage in a negotiation with the goal of trying to arrive at a settlement acceptable to both sides. Mediation, at its most simplified, is a facilitated negotiation with a trained neutral mediator, who helps the parties identify and
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
Clients hire attorneys to provide services and render advice. Clients want, and should demand, that those
The facts underlying many disputes can be very simple. Others may be more complicated. In either
Just as text messaging and email have allowed us to communicate with each other in real
As most of us have become very adept at using email, text, and social media, our
New York is an at-will state. If the employee does not have a contract entitling her
Must your agreement be in writing to be enforceable? The answer is: Yes. Or no. In
I provided an overview of arbitration and what happens if one chooses to take this path.
People unfamiliar with the various forms of alternative dispute resolution often ask the difference between mediation
The decisions that parties make at the beginning of a lawsuit can have lasting consequences throughout
As lawyers and many clients know, discovery can be very expensive and time-consuming. The default for
A company’s interest in protecting its trade secrets was recently acknowledged by the passage of the
here are risks involved in non-compete agreements, which are often part of an employment contract, and
Cases can often be won or lost during discovery. When a dispute arises and a party
Clients often ask whether or not they must go to court. As in many areas, there
In business today, it is commonplace for individuals to send numerous emails or texts during the
It is one thing when sophisticated parties, of relatively equal bargaining positions, opt to include an
Arbitration is a form of alternative dispute resolution that can take the place of traditional litigation.
Arbitration is a form of alternative dispute resolution that can take the place of traditional litigation.
From time to time, individuals and companies will be served with a subpoena requesting the production
The awarding of legal fees is a sword that cuts both ways. Many clients, particularly those
Factoring, a form of commercial lending, typically offers two types of services to its clients: a
How can small and mid-sized businesses secure high-caliber legal advice? Large companies often have a general
Have you ever heard about the friends who went into business? If they had given more
When a client first seeks an attorney for advice in deciding whether to pursue a claim
Mediation is an alternative dispute resolution (ADR) process in which adversarial parties engage in a negotiation
To most effectively represent the client, a smart attorney will often times call upon a forensic
Bart J. Eagle provides Mediation and Arbitration services to clients in New York and now offers virtual mediation conducted over Zoom and other video and teleconferencing platforms.
Bart J. EagleRated by Super Lawyers
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