Commercial Litigation
Drafting Contract Terms That Protect Owners and Contractors From Unforeseen Increases In Construction Costs
Construction material costs are up 17.5 percent year-over-year from 2020 to 2021—the largest increase since 1970. In these uncertain times,…
Read MorePoorly Drafted Change Order Provisions Can Lead to Significant Disputes Between Owners and Contractors
Change orders maintain order in the construction business by requiring the parties to provide prior written notice of any claims…
Read MoreU.S. Assistance to Litigants Outside the U.S. – 28 USC § 1782
The Business Strategist – Disputes Edition: U.S. Assistance to Litigants Outside the U.S. – 28 USC § 1782 If you…
Read MoreTrial Lawyers Beware: Federal Discovery Deadlines are Actually 30 to 40 Days Earlier
In federal court we know the courts tend to limit discovery periods to shorter times than state courts, usually 90…
Read MoreThe “Omnibus Order” – “Mutually Beneficial ‘Kitchen-sinking’” | Part One
“MBKS” or Mutually beneficial “kitchen-sinking.” It’s a thing. . . . No, seriously, it is totally a thing! Well, it…
Read MoreTrade Secret Protection Under Federal Law – The Basics
It is a general practice of many employers to utilize non-competition and confidentiality agreements to protect information that is vital…
Read MoreProving “Lost Profits” Damages | Part 2
Picking up from part one, I am moving into this second segment focusing on profits lost as“consequential” damages. If you…
Read MoreProving “Lost Profits” Damages | Part 1
Something Every Commercial Lawyer Should Know Commercial litigation often involves claims in which the Plaintiff is seeking damages for lost…
Read MoreMore than 40 Years Later, the Unresolved Question in Lipsky Remains Up for Debate
Can you rely on allegations contained in a separate, unadjudicated proceeding to make your own case in court? That question,…
Read MoreWas the Supreme Court’s Decision in Comcast Truly an Antitrust Class Certification Game-changer?
The United States Supreme Court’s 2013 decision in Comcast Corp. v. Behrend led many attorneys and legal scholars to believe…
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