Category Archives: Litigation

YouTube is a great teacher

Recently I’ve been telling clients to visit YouTube.com to study up on depositions.  I do this as part of working with them to prepare for their deposition.  It’s amazing how seeing what they should do (and watching some of the … Continue reading

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Can business people learn from watching credit card collection brawls?

You bet you can.  Just watch.  These brawls are just like my business brawls writ small.  So, after watching some of the small claims court (General District Court in Virginia) cases involving credit cards, this is what I’ve learned. First, … Continue reading

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A little light reading for Beach Week

Did you forget to pack that legal forensic thriller and now have 5 hours at the beach to endure without anything to read or do? Never fear. If you are like me, you have electronic gizmos scattered throughout your travel … Continue reading

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Rules of the Road or When to Call Your Attorney for his Opinion

You know how it is. You want to get away on your vacation. You assume the car will do just fine on the drive to the beach. So there you are v’rooming along down the highway when clunk! Clank! Surprise! … Continue reading

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What should a lawyer do if they get a strange letter?

A woman lawyer I know started getting very strange letters (weird, incoherent) from a person she had never met. The letters apparently were an attempt to discuss a case she had never heard of and referred to people she had … Continue reading

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Does the non-compete agreement remain enforceable if the employee is fired?

Generally, it is still enforceable.  This is because almost every non-compete I’ve ever seen has in it a clause which specifically indicates that the non-competition (and non-solicitation and confidentiality) provisions survive the employment relationship.  But it doesn’t have to be … Continue reading

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Non-compete agreements

These actually come in 3 flavors: (1) you may not use confidential information; (2) you may not solicit our clients or employees and (3) you may not compete against us.  Each has different limitations. Worse, the limitations depend on what … Continue reading

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If you get emails from your attorney at work, are they still privileged?

The answer to this question is “it depends”.  It depends on what state you are in, what company you work for, what the company handbook says, what your undertanding of the handbook is, what others do, and (perhaps most importantly) … Continue reading

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Sartorial Splendor, or what to wear to court

Decisions, decisions. Do I wear high heels and look taller? Or do I wear bright colored clothes to force folks to look down at that bright patch below their nose. I make those decisions every day.  But when I go … Continue reading

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Martial Arts and Litigation

Martial Arts and Litigation or It is not the Size of the Firm in the Fight, It is the Size of the Fight in the Firm In the last blog post I referred to litigation as a brawl. I should … Continue reading

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