A Tale of Three Appraisals

Once upon a time, not too long ago, there was a contract and a client. The contract gave the client an option to buy a business based on obtaining three appraisals. After the first two appraisals were for the same amount, the seller told the client that he would waive the third appraisal. The seller […] Read More

Take the Gig, But Lose the Content?

Parties, events, and weddings are the lifeblood of working musicians. It’s money in the hand, as opposed to what might come out of royalties down the road. This incentive is what led a client to reach out to me recently; he had a great gig booked, was looking forward to it…and then the contract came. […] Read More

It Takes All Sorts of Torts, Indeed!

A copyright dispute late last year forced a holiday play to go dark before the Rockefeller Center tree was ever lit. The suit centers around the play Who’s Holiday by Matthew Lombardo. No, the dispute is not over the apparent typo in the play’s name. Rather, it is that the defendant’s play is based on […] Read More

A Curious Case of Fraud and Bankruptcy

A new client came to me admitting that he’d been defrauded hundreds of thousands of dollars. While the most direct route would be to sue the other party now and ask questions later, it’s in my client’s interest to get a result that’s actually payable—not to mention that unnecessary litigation is not a good use […] Read More

Get It In Writing!

Sometimes, in the heat of a new project or business opportunity, slowing down to make a written agreement seems boring, unnecessary, and even adversarial. When everything is going well, the parties can feel that reducing it to writing means they don’t trust each other. But an interesting, recent case illustrates exactly how important it is […] Read More

Trademarks: Register Early and Register Often

Recently a lawsuit over a prominent band’s name was filed in state court in Virginia. At first glance, the lawsuit has the ingredients required for an intellectual property case eligible for federal jurisdiction. So why is it being argued in state court? The lead plaintiff, Aston “Family Man” Barrett, began playing with Bob Marley and […] Read More

Leaving Your Job to Start Your Own Shop?

{4:48 minutes to read} It’s exciting to find yourself in a place where you can start your own business—exciting and frightening. But, if you’re leaving a place of employment to start your own shop, it’s very important to be sure that your present employer is not inadvertently going to own a piece of the work that […] Read More

The Top 5 Provisions That Should Be in Your Contract Agreement

When we negotiate contracts with large corporations on behalf of computer programmers, app developers, and website developers, it’s like playing chess with someone who’s very good at the game—you have to assume that everything you write is going to be considered carefully. You’re not going to squeeze something by a big company; it has experienced, […] Read More

“Close the Door, Please.” Preventing Accidental Waiver of the Attorney-Client Privilege

To best protect clients, we need to be sure the attorney-client relationship is clear, to avoid any potential problems that could arise during litigation. In most cases, where a client comes to you for advice about a specific matter and then retains you for a particular case, the rules governing attorney-client privilege can be quite […] Read More

Piercing the Corporate Veil

Corporations are designed to protect the individuals who work there from personal liability. Naturally, it’s difficult to hold an individual owner of a corporation liable for the corporation’s acts. Even in cases where plaintiffs are able to obtain a judgment against a corporation, they’re often discouraged from trying to enforce it against the individuals who […] Read More