October 27, 2016 | The Legal Intelligencer
The 'Business Divorce' Suit: Are LLCs Any Different?Suppose two new clients come to your office next week. Both hold interests in small companies, and both are also, unfortunately, hopelessly at loggerheads with their colleagues. In both cases, one or more of the various interest holders are poised to raise a hue and cry—about oppression, fiduciary duties and financial malfeasance. All the usual skullduggery. One way or another, then, a "business divorce" seems inevitable in each matter.
By Cord Clayton
15 minute read
September 01, 2016 | The Legal Intelligencer
Insurer Refusal-to-Settle Disputes: An Evolving NegotiationA client was angry because his company's insurer would not agree to pay the plaintiff's settlement demand in an ongoing trial against his company, even though the demand fell within policy limits.
By Cord Clayton
10 minute read
July 15, 2016 | The Legal Intelligencer
Top Five Tips for Litigating Noncompete AgreementsWhen a key employee leaves a company, it can be traumatic for all concerned—the employer, the employee and even the new employer.
By Cord Clayton
13 minute read
May 13, 2016 | The Legal Intelligencer
Policy Vs. Predictability: High Court Trades Off in Recent Contract CasesIn reviewing some of the major Pennsylvania Supreme Court decisions of the last few months, I was reminded of the old story Judge Learned Hand used to tell about his parting exchange with Supreme Court Justice Oliver Wendell Holmes one day after lunch.
By Cord Clayton
15 minute read
April 08, 2016 | The Legal Intelligencer
Is Arbitration Really Better for Business Disputes?A client posed an important question. "Why is this taking so long and costing so much?" he said. "I thought arbitration was supposed to be quick and cost-efficient."
By Cord Clayton
12 minute read
January 05, 2016 | The Legal Intelligencer
Minority Shareholder Oppression: Rights and RemediesA client came to me complaining that he had been "squeezed out" by the majority shareholders of the closely held corporation he himself had founded. He was outraged and upset.
By Cord Clayton
12 minute read