Commercial Litigation

We previously looked at the factors analyzed in determining whether non-competes are enforceable.  The healthcare industry has become extremely competitive in the delivery of high-quality and cost-efficient care to patients, in the recruitment of physicians by clinics and hospitals, and in the development of referral sources by physicians, clinics, and hospitals.  Often, clinics or hospitals spend substantial money, resources, and

Previously, I examined the discovery process and how commercial litigation is often won or lost in discovery.  But now you find yourself preparing for trial.  So let’s look at how evidence plays a vital role in whether you win or lose at trial (and on appeal) and some of my suggested approaches. Good trial lawyers (and not those who call

When you go into business with one or more people, there is always a risk that the relationship will end badly. Whether you simply want to enforce your rights in the business or end it altogether, it is important to understand how the state law and internal documents affect your situation. It is especially critical to know how the form

FIDUCIARY DUTIES: Long ago, the United States Supreme Court held that majority shareholders “have the right to control; but when it does so, it occupies a fiduciary relation toward the minority, as much as the corporation itself or its officers and directors.”  S. Pac. Co. v. Bogert, 250 U.S. 483, 487-88 (1919). But what about minority shareholders? Do they owe

Starting a business partnership can be an exciting time of planning and dreaming about your shared vision for the new venture. Even as you’re discussing the weaknesses in your business plan and threats in the market, it’s easy to ignore or shelf discussions about potential negative issues that may arise between the partners themselves. Noticeable differences aside, new business partners

Courts across the country, including Minnesota, Iowa, Wisconsin, and Arizona (Minnesota – Janssen v. Best & Flanagan, 663 N.W.2d 876 (Minn. 2003); Iowa – Oberbillig v. West Grand Towers Condominium Association, 807 N.W.2d 143 (Iowa 2011); Wisconsin – Einhorn v. Culea, 612 N.W.2d 78 (Wis. 2000); Arizona – United Dairymen of Arizona v. Schugg, 212 Ariz. 133 (Ariz. Ct. App. 2006)), “recognize the authority of corporate directors and want corporations to

Most commercial litigation these days does not proceed to trial. The costs. The risks. The desire for peace and finality. Each of these has resulted in the vast majority of business litigation resolving short of trial – somewhere north of 95% of such cases. While it is vitally important to prepare each case as though it will proceed to finality

VEIL PIERCING IN THE LLC CONTEXT: One trademark feature of the corporate business organization is limited liability for shareholders, in which shareholder liability for the corporation’s contract or tort obligations is generally restricted to the amount of that shareholder’s capital contribution. In this regard, a corporate veil protects shareholders’ personal assets from the reach of the corporation’s creditors. A judge,