What To Do If Your Adversary Lies In Court

Lying in Court, an Opportunity Few things are more frustrating, at least in the litigation arena, than when your adversary lies in court. As a lawyer, I see it all of the time. For the most part, I’m immune from the emotional reaction my clients feel. Instead, every time I catch an adverse witness lying, I see it as an …

RICO: A Law Designed to Attack Organized Crime is also a Great Business Litigation Tool

The Racketeer Influenced and Corrupt Organizations Act (RICO) was enacted in 1970.  This statute, part of the Organized Crime Control Act of 1970, is designed to prevent and punish “racketeering activity.” RICO was aimed at mobsters and organized criminals. However, I’ve used the RICO statutes very effectively in lawsuits involving fraud by business people.

What Duties Does An Insurance Agent Owe Her Client?

I have defended and prosecuted dozens of cases against insurance agents and brokers. Interestingly, the law in California is unsettled as to whether an insurance broker owes its clients a fiduciary duty. Nonetheless, in my view, an insurance broker undoubtedly does, in fact, owe fiduciary duties to her client.

What To Do To Enforce An Oral Agreement

Are Oral Agreements Legal? Business people commonly make deals based on a handshake. After all, who needs more than “my word is my bond” to trust that the other guy intends to honor his promise? Handshake deals are even more common between good friends or relatives. Sometimes, maybe even the majority of times, these informal arrangements work out just fine …

When Is A Business Liable For The Wrongs Of Its Agents?

Roseville Attorney, Jeffrey Ochrach, answers the question, What is Vicarious Liabilty? Under California law and the law of most states, a company is liable for the wrongs of its employees that were committed within the scope of his employment.  This is called vicarious liability.  So, for example, if an employee is driving to pick up supplies

How to Get Paid if the Corporation is Broke

Suing a Small Corporation for Injuries or Breach of Contract Very often, I have cases where we sue a small corporation for injuries or breach of contract, and after we win a large judgment, the owner(s) close down the business so we can’t collect on the judgment.  That’s very frustrating. But, I’ve found some satisfying success collecting on these judgments …

What to do when your litigation adversary is stonewalling discovery

Maybe it’s the bad economy… Or maybe I’ve just hit a patch of cases against really unscrupulous adversaries. But, in the last six months, I’ve handled two very similar cases in which the other side refused to produce their business records to us during litigation. As anyone who has been a litigant knows, the law allows parties