Category Archives: Litigation
Should I work for Free?
I found this spreadsheet on the web at http://jhische.com/workforfree.html It lays out pretty well when I will work for free.
Requests for Admissions are not used as often as many other forms of discovery
In essence, when requested, if you do not deny a fact within a specified time period (it varies between 10 and 30 days depending on your jurisdiction) it is automatically deemed admitted. But what does “deemed admitted” actually mean and … Continue reading
How do you prove you sent (and they received) a letter when they won’t sign for a Certified Letter?
Sometimes you have to send a Certified Letter to someone who refuses to sign for them. Usually it’s to prove that you complied with the requirement that you make a “demand” to avoid litigation. Well, there are several ways to … Continue reading
Boy Can Simple Things Get Complicated Quickly. Here’s An Example Taken From Real Life. (The Names Are Changed To Protect The Guilty.)
a. Facts: puppy is owned by Anne who is away. Bonnie is looking after the puppy for Anne. For some reason Bonnie gives the puppy to Charlie. Now Anne has returned from her trip and wants her puppy back. She’s … Continue reading
How Can You Deal With An Attorney Who Has Neither Fax Nor Email? And What Impact Will That Have On Your Case?
Alternatively, how do you deal with lawyers like the one who has a fax but refuses to accept any fax longer than 10 pages or refuses to communicate at all via e-mail. For some attorneys, usually but not always, older … Continue reading
May A Business Write A Contract With It’s Customer(s) To Prevent The Customer From Hiring The Business’s Employee(s)?
Like many legal questions, a great deal depends on what state you are in. But, generally, in Virginia, the answer to this question is “Yes, you can.” The analysis is fairly simple: the contract is not with the employee, it … Continue reading
Buy/Sell Agreements: Better Stay Up To Date
Make sure your buy/sell agreement is up to date. Circumstances change. Needs change. Maybe your business had a liquidity problem initially, and now it doesn’t. Maybe one of your heirs was a spendthrift (or worse) at 25; now he’s matured … Continue reading
Buy/Sell Agreements: Funding And Liquidation
Funding the Buy/Sell. Dealmakers and “allegators” are more creative than I am at funding things. One piece of advice is to carefully monitor the installment agreement and the loan from the bank. Especially the installment agreement. Heirs don’t like to … Continue reading
Buy/Sell Agreements: The Price Is Right?
Setting the purchase price. How will it be set? Book value? Real value? How will you calculate either or both? Especially since prices rise, fall and shift around all the time. The value of a buggy business in 1909 was … Continue reading
Buy/Sell Agreements, Triggering Events
Once you have made plans to get the money needed to implement a buy/sell agreement, other issues can arise which are often fought over. Triggering events. Many different things can trigger the buy/sell agreement but, equally important, many things can … Continue reading
