· Legal Issues
Every day, in almost every city, and in almost every state, a business is served with a subpena. Your business may have received one in the past or may receive one soon. For those who are not regular participants in lawsuits, subpoenas are a mysterious document which you should know about.
The first two questions that I am often asked by attorneys during deposition or trial testimony are "On what percentage of cases do you work for the Plaintiff?" and "On what percentage of cases do you work for the Defense?"
A Swiss Verein is an alliance between autonomous business entities that have separate organizational structures and independent financial operations. A verein is usually formed for the purpose of sharing a common brand name and unified marketing strategy. Law firms have recently begun to use this business structure and verein members currently engage thousands of attorneys.
· Legal Issues
Federal courts increasingly are cracking down on deposition misconduct through the imposition of sanctions under Rule 30(d)(2), which authorizes a wide array of sanctions against any person who impedes, delays, or frustrates the fair examination of a deponent. Fed. R. Civ. P. 30(d)(2). Sanctions are being imposed with greater frequency upon clients and their lawyers. As discussed below, sanctions may be imposed whether the disruption to the deposition was deliberate, or merely the product of a misunderstanding of the rules governing deposition conduct. For instance, courts have increasingly sanctioned lawyers under Rule 30(d)(2) for making speaking objections or improperly instructing witnesses not to answer questions. In addition, two courts have recently held that sanctions may be imposed for a lawyer's failure to intervene when a deponent client engages in deposition misconduct, on the theory that the defending lawyer's silence ratified and encouraged the bad conduct.
The decision in United States vs. Windsor (No. 12-301, June 26, 2013) by the U.S. Supreme Court (SCOTUS) to strike down Section 3 of the Defense of Marriage Act (DOMA) creates important tax issues and opportunities. These include potential refunds for same-sex married couples and their employers for years not closed by the statute of limitations.
In a legal malpractice matter, an Ohio state appellate court affirmed a trial court ruling granting summary judgment to defendant attorneys on the basis that...
For those of you not dealing with much product liability or personal injury case work, you may not have noticed some newer up ticks and trend lines. For others who have been too focused on one area of this specialized litigation, this note will add to your awareness of things to come.
The Limited Liability Company ("LLC") gives its owner the liability protection of a corporation, combined with relatively informal management. The owners of an LLC are called Members, rather than shareholders or partners. An LLC can be formed in any of the 50 United States, and most states allow single-member LLC’s
If you want to improve your chances of success, commit these ideas to stone. Then follow them religiously.1. Keep it simple This is the greatest commandment, and the one most frequently violated. Too much information in a visual aid will confuse rather than clarify. Creativity does not mean complication. To achieve your goal, invoke the following guidelines