Category Archives: Litigation

Buy/Sell Agreements, Possible Solutions

To secure the money necessary to make a buy/sell agreement work, creative financing is often required. One option is a life insurance policy with a cross-purchase agreement. Each owner buys a policy on the other owners. That may not be … Continue reading

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Buy/Sell Agreements, Potential Problem Three

What if two partners, let’s call them Joe and Steve, have irreconcilable differences? Particularly since Joe put up the money while Steve put in the sweat-equity. They have built a business that’s worth several million dollars, but Steve is hacked-off … Continue reading

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Buy/Sell Agreements, Another Hypothetical Situation

Let’s say your business partner is a semi-retired older gentlemen everyone around the office affectionately calls “Grandpa.” Tragically, Grandpa dies in a car accident. Even more tragically, he has a number of children and grandchildren, and his Will divides everything … Continue reading

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The Keys To Buy/Sell Agreements, Part One

A buy/sell agreement only works if everybody involved has enough money. Or at the very least, there is a provision for the necessary money in the agreement. You think a basic life insurance policy will take care of that problem? … Continue reading

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Business Succession Planning: Buy/Sell Agreements

For the next few weeks my posts will focus on issues discussed during the continuing legal education class I taught at the McLean Estate Planning Council in September. The subject at hand is the types of brawls that can arise … Continue reading

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Should Landlord Demand A Personal Guarantee From A Commercial Tenant?

First of all, this is a business decision, not a legal decision. So the lawyer’s input is (or should be) limited to describing the risks and helping the client implement the business decision chosen. Second, my clients always blanche at … Continue reading

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This Is NOT A Business Brawl This IS Idiocy

I’m late to the party on this one but I simply could not avoid discussing the case of Nazir v. United Airlines, Inc., 178 Cal. App. 4th 243 (2009). If you want to read the gory details it can also … Continue reading

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There Is A Difference Between Knowing Something And Believing It

What’s the difference? Think of it this way: When a man looks at his children, he believes they are his; when his wife look at his children, she knows they are his. When you are being deposed – don’t say … Continue reading

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Are Depositions Open To The Public?

Depositions are open by right to attorneys and parties as well as the witness you are deposing. Sometimes opposing counsel will ask for permission for their summer law clerks/externs or other innocuous individuals to attend. That shouldn’t be a problem. … Continue reading

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Taking the Deposition of an Independent Witness

Before any attorney worth her salt puts a witness on the stand in a trial or arbitration or even a meditation, they absolutely must know what the witness will say. Now, if the witness is friendly, it’s no problem: you … Continue reading

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