Blogs

Client Q & A

Answers to common client questions.
Posted: March 9, 2015

Client Q&A: Can we throw out our old files?

Can we throw out our old files? By John M. Lundin If you’ve been involved in a business-related lawsuit in the past fifteen years, you probably got the lecture about the importance of preserving evidence relating to the lawsuit and the negative consequences of failing to do so. It is not unheard of in big commercial litigations for the parties...

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Posted in Client Q & A, Discovery/Disclosure
Posted: February 10, 2015

Client Q&A: I’m a shareholder in a small company and the other shareholders are not being fair to me. What can I do?

I’m a shareholder in a small company and the other shareholders are not being fair to me. What can I do? By Bradley J. Nash Introduction It is a familiar scenario: Three friends start a small business, each contributing capital and/or sweat equity to get the enterprise off the ground. They organize themselves as a corporation, but for the most...

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Posted in Client Q & A, Business Divorce
Posted: January 26, 2015

Client Q&A: The contract I signed has an arbitration clause, does that mean I cannot file a lawsuit?

The contract I signed has an arbitration clause, does that mean I cannot file a lawsuit? By John M. Lundin In the past several decades, it has become increasingly common that business- and consumer-related contracts provide that a dispute over the contract has to be decided by one or more arbitrators–private persons chosen by the parties–rather than a court. Arbitration,...

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Posted in Client Q & A, Arbitation, Mediation and Other ADR
Posted: January 12, 2015

Client Q&A: We had an agreement, but . . .

We had an agreement, but . . . By Vitali S. Rosenfeld If lawyers had their way, every business transaction would be documented by a comprehensive written contract signed by everyone involved. But the reality is often different. Sometimes the parties discuss additional terms that are not included in the written agreement. Sometimes the parties exchange multiple emails and it...

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Posted in Client Q & A, Contracts
Posted: December 1, 2014

Client Q & A: How do I make sure my confidential information is protected during litigation?

How do I make sure my confidential information is protected during litigation? By Erik S. Groothuis The discovery process in modern litigation is very broad—all documents potentially relevant to the disputed issues are in play. That means that in almost every commercial case it is possible that sensitive, proprietary, or otherwise confidential information will have to be turned over to...

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Posted in Client Q & A, Discovery/Disclosure
Posted: November 17, 2014

Client Q & A: Why am I in a Lawsuit in New York?

Why am I in a lawsuit in New York? By Vitali Rosenfeld. If you get sued, one of the first questions to ask yourself is whether you are being sued in the right place. A lot of commercial lawsuits involving out-of-state parties are filed in New York for various reasons – but not always are there legitimate grounds for a...

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Posted in Client Q & A, Jurisdiction
Posted: November 3, 2014

Client Q & A: I’ve Been Served With a Subpoena. Now What?

I’ve been served with a subpoena. Now what? By Erik S. Groothuis. When parties to civil a lawsuit need evidence from non-parties to support their claims or defenses, they may issue subpoenas to obtain such evidence. These subpoenas are often personally served by process servers in the same way that complaints initiating lawsuits get served. Generally speaking, there are two...

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Posted in Client Q & A, Discovery/Disclosure