"When should lawyers be required to reveal information that will hurt their chances in court?” For example, if you were the defense attorney in a hypothetical Martha Stewart insider trading case and you located a witness that could prove your client was guilty of this charge. Because the prosecution could not find this witness, they've decided to drop the charge. Should you pass on the witness' new contact information or would you keep quiet and allow Ms. Stewart to go free even though she committed the crime? Who should the attorney prioritize - society or their client? What is the right thing to do legally?
Posts filed under Lawsuit
Can You Really Trust and Rely on Yelp Reviews?
Though Yelp might be an amazing resource as a consumer, as I discussed in a recent post (about Your Competitors Giving Themselves An Unfair Advantage) I’m also quite aware of the downsides for some business owners. After all, “Nothing is worse than providing the best service possible but having a customer leave a negative review nonetheless for some ridiculous reason.” Given how ubiquitous Yelp has become, having a bad or average rating damages your ability to attract customers to your business.
What You MUST Do When Faced With A Lawsuit
I cannot express to you how important his advice regarding hiring a competent attorney is. Seriously hire the very best you can afford. In a lawsuit, you feel powerless because you have no expertise in this arena so you have to rely completely on your lawyer. Knowing you are in good hands will help give you some peace of mind. That being said, also be proactive with your attorney. Have him / her go over the nature of the case being brought, give an objective explanation of whether the law is on your side or not and then lay out what he believes is a winning strategy. continue reading...
Should The Information On Your Smartphone Get Special Protection Under The Law?
As a small business owner, I'm sure that many of you have a lot of confidential information stored on your smart phone. But even if it is not technically business related, there may be a information on your phone that would damage your brand and your ability to do business if known by the public. Personally, I've always been shocked by the sensitive, and potentially embarrassing things people will share with me via text message. Here in New York, with both the Bridgegate and Anthony Weiner scandals, we have seen how these types of information can ruin careers. continue reading...
General Mills Is Not The Only Company Trying To Take Away Your Right To Sue...
General Mills is not the only company that is trying to use contracts to limit your ability to access the courts. This is a relatively widespread practice that is currently being used by banks and even some dentists! continue reading...
Is "Religious Freedom" A Passport To Bypassing Certain Regulations?
The 1st Amendment of the Constitution enshrines the separation of church and State in the United States. The Religious Freedom Restoration Act further reinforces the limits on any federal encroachment on our religious freedoms. Because of this, many of us take our religious liberty for granted. But, have you ever thought about whether or not a corporate entity, like your business should be guaranteed a similar right? Does this idea sound odd? Well, believe it or not this is a question that is currently before the Supreme Court in Sebelius v. Hobby Lobby Stores, Inc. continue reading...
Can You Be Sued For "Deceptive Advertising"?
Picture it (yes, that’s a Golden Girls reference), you have a company selling computer A. Your competitor sells computer B. Now your computer As have Intel processors and computer Bs have AMD. You want to gain more customers so you create an advertisement stating that AMD processors are slow, unstable and overheat easily so customers should not buy computer Bs from your competitor. AMD hears about this and wants to sue you for what they believe to be “deceptive advertising”. Should AMD be able to sue you? After all you were trying to get over on your competitor not AMD who is simply a supplier. continue reading...
The Tax Man's Share Of Your Lawsuit Settlement
I once had a law school acquaintance who loved being a tax attorney so much she would literally squeal, “I can’t believe they pay me to do this!” Please try to imagine the expression on my face when I hear this.
Taxes, oh now I hate thinking of taxes! It is something that casts a shadow on even the most joyous events – like winning a lawsuit. And to make it even more difficult, the IRS just had to add that unique level of bureaucracy it has become so famous for.
Did you know that the way your settlement or judgment is treated turns on the type of claim for which you sued? continue reading...
What to Do When You’re Sued | NY Report
Small businesses pay $35.6 billion annually out-of-pocket to settle frivolous lawsuits. What should you do if you’re served with legal papers?
