Key Decisions to Consider Before Starting a Business

So you’ve decided to start a business. What type of business structure is best for you? You have many choices. If on your own, you can be a sole proprietor. However, you should also consider various types of business entities: You can form a limited liability company, even if you are the only member. You can form a corporation. If you are starting the company with others, you could also form a partnership – general or limited. How to choose?

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Should I Agree to Arbitration? Part 2

I provided an overview of arbitration and what happens if one chooses to take this path. In this continuation, I discuss discovery and motion practice, arbitrator selection and the hearing, and the finality of arbitration. Discovery and Motion Practice: The two main areas in which arbitration may differ from a lawsuit is discovery and motion practice. Oftentimes, the most time-consuming and expensive part of a lawsuit is discovery.

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Mediation: What to Expect

You’ve been sent to mediation. What’s next? You’re going to mediation; you asked or agreed to go, or a judge sent you. It shouldn’t matter. Embrace the opportunity! This is a “no risk” opportunity to settle your dispute, early on, before investing significantly more time and resources, and to do so on your own terms; the outcome will not be in the hands of a judge or jury.

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Equity vs. Law: Understanding the Difference

The decisions that parties make at the beginning of a lawsuit can have lasting consequences throughout the litigation. Many litigants have heard that historically, there had been a distinction between courts of equity and courts of law. Today, while there still exists a distinction between equitable claims, such as actions for an injunction, and legal claims, such as actions for tort or breach of contract, the same courts and judges hear both equitable and legal claims.

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Discovery Rules: Changes in the Commercial Division

As lawyers and many clients know, discovery can be very expensive and time-consuming. The default for most attorneys is to ask for everything to make sure they have “covered the waterfront”;  after all, one does not want to miss an important document they may need for trial. In so doing, however, the cost can be astronomical and can far outweigh what is accomplished by actually securing voluminous documents or pieces of information.

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The Defend Trade Secrets Act of 2016: Important Information About Protecting Trade Secrets

A company’s interest in protecting its trade secrets was recently acknowledged by the passage of the Defend Trade Secrets Act of 2016 (the “DTSA”), a federal statute that was signed into law in May 2016. The new statute enhances a company’s efforts to protect its trade secrets by strengthening the remedies that may have been previously available.

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