FEATURED ARTICLES BY DARRYL HOROWITT

6/1/2016· Discovery & Electronic Discovery

A Primer on Electronic Discovery

By: Darryl Horowitt

As the owner of a business that may be a party to a lawsuit, you need to know about the discovery of electronically stored information (ESI), also known as e-discovery. Why? Because the requirements to preserve and produce ESI are quickly evolving and have often taken over lawsuits as if e-discovery has a life of its own. This article will address the basics of e-discovery so that your business can start taking steps to minimize its impact.

2/10/2016· Insurance

Insurance Issues For Business Owners

By: Darryl Horowitt

In a previous issue of Legal Brief, I discussed protecting yourself with adequate auto insurance. This is, perhaps, the insurance that is most commonly bought, because every driver is required to be covered by automobile liability insurance. But what about business owners? Should they buy insurance as well?

11/20/2015· Legal Issues

Subpoenas: What They Are And How To Respond To Them

By: Darryl Horowitt

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.

10/1/2015· Finance

Effective Commercial Collection Techniques

By: Darryl Horowitt

It is an unfortunate fact of business that from time to time one of your customers will not pay for goods or services you provide. It is a frustrating and sometimes helpless feeling that you have knowing that even though you provided a valuable product or service, for reasons beyond your control you are simply not paid. How do you collect your money? What follows are some techniques that will help you effectively collect your receivables.

5/26/2015· Alternative Dispute Resolution (ADR)

Alternative Dispute Resolution: What It Is and Why You Should Consider Using It

By: Darryl Horowitt

Litigation in our court system has become an expensive, time-consuming, and frus trating process which often yields undesired results. Nevertheless, a trial may be necessary to vindicate certain fundamental rights. For many disputes, however, there are alternatives to trial. This article addresses some of the alternatives, known collectively as "Alternative Dispute Resolution ('ADR')," and their potential benefit.

3/5/2015· Alternative Dispute Resolution (ADR)

The Pros and Cons of Arbitration

By: Darryl Horowitt

Because of the increase in cost of litigation, and the more frequent use of arbitration clauses in all forms of contracts, arbitration is used with increasing frequency. Although arbitration is an excellent choice in many instances, it may not be right in every case. This article will discuss the pros and cons of arbitration so that you may know whether it is right for you.

10/14/2014· Forgery & Fraud

Tips For Avoiding Identity Theft

By: Darryl Horowitt

Identity theft should be a concern to all because of its pervasiveness. One form of theft is the opening of a credit card account using a pre-approved credit card solicitation. You may have received one or more of these solicitations every day, if not every week. Sometimes, the same company will send more than one such solicitation. The credit card companies do this because they receive information from credit reporting agencies and those with acceptable credit scores are sent more attractive offers.

7/25/2014· Legal Issues

Court Determines Failure to Disclose Deferred Down Payment is a Rees-Levering Violation

By: Darryl Horowitt

Many consumer lawyers have argued that the failure to disclose a deferred down payment constitutes a Rees-Levering violation even if the amount of the down payment is accurately stated. An issue did, however, exist as to whether or not the inadvertent exclusion of a deferred down payment on the line for a down payment constitutes a Rees-Levering violation. This question has been answered by the court in Rojas v. Platinum Auto Group, Inc. (January 15, 2013) 212 Cal.App.4th 997.

4/19/2012· Banking

Protecting Yourself in Your Banking Relationship

By: Darryl Horowitt

Virtually everyone and every business has a relationship with a financial institution, whether it be a bank, savings bank, or credit union. When the account is opened, there is the hope that nothing will go wrong in the account and that your funds will be preserved.