Financial Elder Abuse is a powerful and much overlooked legal theory

Business litigation involves claims for breach of contract, fraud, misappropriation and the like. But, if the plaintiff was 65 or more years old at the time of the offense, an additional claim for financial elder abuse must be considered. Why? Because proving elder abuse opens up additional remedies not necessarily available for these other claims. For example, unless you’re suing …

KidsFirst – Helping Children and Families

I’m a member of the Board of Directors of KidsFirst, and I’d like to share some of the amazing things this organization does to help children and their families. KidsFirst was established in 1989 as a private, non-profit organization to end child abuse and neglect – so that every child can live in a safe, healthy and nurturing environment. Every …

How to Pick a Business Litigation Lawyer

As a business litigation attorney, I handle a wide array of cases, such as breach of contract, business fraud, breach of fiduciary duty, partnership disputes, corporate dissolutions, etc.  Over the course of 28 years, I’ve noticed some things that I believe are essential in the choice and decision to hire a business litigation lawyer. First, you need a smart and …

How to Be a Good Trial Witness

The Most Important Asset a Witness Needs Is Credibility If the jury or judge does not believe the witness’s testimony, or even a small portion of the testimony on an important issue in the case, the case will likely be lost. Interestingly, I run into many witnesses who perceive themselves to be very likeable and believable – but who are …

What To Do When Partners Owning Property Can’t Agree

Property Ownership Dispute Friends and relatives sometimes buy a rental house or commercial property together as partners, either in the name of a LLC or partnership or their individual names. If irreconcilable differences arise amongst the partners, what can they do? If all partners want to sell the property, the answer is simple. List it for sale. However, when only …

Do Insurance Brokers Owe Fiduciary Duties To Their Clients?

I’ve been defending or prosecuting cases against insurance agents and brokers for over 15 years, and I find the issue of fiduciary duty in that context very interesting. Generally, everyone is liable for damages caused by their failure to use reasonable care; i.e., negligence. People in a special relationship of trust and confidence, such as attorneys and trustees, owe a …

Nonsolicitation Clauses are Void as a Matter of Law

Nonsolicitation Clauses – Know the Facts Employers regularly require their employees to sign confidentiality clauses wherein the employee agrees to keep secret the company’s secrets and other proprietary information; e.g., customers’ identities, secret formulas or marketing concepts, financial information.  Less frequently, employers require employees to sign nonsolicitation agreements – whereby the employee agrees that, when leaving employment with the company, he or she …