by Thomas P. Malone Spring 2006 A client recently presented me with a document in which he had written that his employment with his corporation, which he had founded, was “at will”. He was shocked to learn this meant his corporation could fire him at will. He thought it meant he could leave whenever he wanted but he could also stay with the company for as long as he wished. Another client filed and served a Mechanic’s Lien (giving those who work on real estate a lien on that property for the value of their labor and materials) which included..
by Thomas P. Malone Summer 2009 In Brief Newsletter So, the long hard battle of the law suit, which you thought would never end, is finally over. It’s time to put that chapter behind you and get on with your life. Right? Not so fast. You may be shocked to learn the other side has filed an appeal and you have a year or so of lawyers, courts and judges ahead of you. The good news? Appeals are very different from trial court level lawsuits and do not involve the parties at all. Further, there is no more of the..
By Susan E. Sheely Spring 2009 In Brief Newsletter Chances are you regularly find your mailbox overflowing with envelopes promising fast and easy “pre-approved” credit. Although they are designed to tempt the credit consumer, often they tempt the identity thief instead. “New Account” fraud occurs when a thief obtains another person’s identifying information and uses that information to open new credit accounts in that person’s name. The thief runs up balances on the accounts and then fails to pay the bills. But, because the accounts were opened in the name of the victim, it is the victim, not the thief..
By Joan M. Quade Spring 2009 In Brief Newsletter In these tough economic times, companies find that payments on their accounts receivable are delayed and diminished. More and more of their customers cannot pay on time. Some cannot pay the invoices in their entirety and have resorted to smaller, drawn out payments for services and goods, while others have not been able to pay at all. Money is less plentiful but if your customers do not pay, it affects your ability to meet your company’s obligations. In years past, most companies could afford some nonpaying and slow paying customers, but..
Toward an “English Rule” on Costs and Disbursements By Thomas P. Malone and Bradley A. Kletscher The political climate regarding litigation is changing. Everywhere attacks are being made on the “litigation explosion”. Huge efforts are being made to curtail the 30-year trend of expanded litigation; witness the “tort reform” and fee shifting statutes throughout the United States. One method used by legislatures and courts is charging the loser with paying the winners “costs”. “Costs” have always been assessed against the loser in civil litigation. The present difference is the expanding definition of the term “costs”. Year ago, “costs” included, for..