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
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
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
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
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
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
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
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
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
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