Author Archives: admin

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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Court Reporters and Depositions

Depositions are where the lawyers get to ask the various witnesses and parties what they know. Depositions are used for many different things, but the important thing about depositions today is that they let the lawyers “lock down” what the … Continue reading

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Don’t Threaten Criminal Prosecution

Sometimes a client will come to me and want me to threaten someone with criminal prosecution. Usually the conversation goes like this: PC: “‘Joe’ owes me $50,000.00. I want you to tell him that if he doesn’t pay me I’ll … Continue reading

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Tort Reform

You’ve heard of the “outrageous” McDonald’s case? You know it, it’s the poster child for tort reform. Well, did you know that: 1. Despite hundreds of warnings (at least 70 prior reported complaints), McDonalds refused to lower the coffee temperature … Continue reading

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