January 21, 2020 | The Legal Intelligencer
Minimizing the Consequences of Inadvertent Disclosures in Pa. LitigationLittle mistakes; big consequences. The possibility of catastrophic consequences from the inadvertent disclosure of confidential or privileged documents makes litigators cringe. The proliferation of large e-discovery productions that make manual review unfeasible increases the risks of a misstep.
By Edward S. Robson
7 minute read
September 13, 2019 | The Legal Intelligencer
Counsel's Obligation to Stop the 'Rambo' ClientSome attorneys treat defending a deposition as an opportunity to be a jerk. Speaking objections, witness coaching and bogus instructions not to answer are all arrows in the quiver of the "Rambo" litigator.
By Edward S. Robson
6 minute read
July 02, 2019 | The Legal Intelligencer
Closely-Held Company Litigation? Pay Attention to Schedule K-1Despite their sophistication, entrepreneurs and businesspeople sometimes build and invest in companies without the legal scaffolding necessary to withstand disagreements among the owners. Individuals provide money without having a clear agreement on whether the payments are a loan or were made in exchange for an equity interest.
By Edward S. Robson
7 minute read
April 12, 2019 | The Legal Intelligencer
The Hazards of 'Weaponizing' Capital Call and Dilution Provisions“Weaponizing” capital call and dilution provisions can be an effective sharp elbow tactic in business divorce situations, but practitioners should be wary of the risks that come with it.
By Edward S. Robson
6 minute read
March 05, 2019 | The Legal Intelligencer
Pa. Supreme Court Tackles Attorney-Client Privilege Issues in Derivative CasesThis column previously analyzed the Commonwealth Court's decision in Pittsburgh History and Landmarks Foundation, and its potential impact on the attorney-client privilege in derivative litigation. The Pennsylvania Supreme Court subsequently granted petitions for allowance of appeal in the case.
By Edward S. Robson
8 minute read
September 20, 2018 | The Legal Intelligencer
Make Business Divorce Easier—Spell Out Duties in Operating AgreementClosely held companies are like marriages but without the sex or kids to hold things together. And just like some marriages, closely held companies can fall apart. Sometimes these “business divorces” and the painful litigation they generate are inevitable.
By Edward S. Robson
6 minute read
June 21, 2018 | New Jersey Law Journal
Enough With Arbitration Provisions: Litigators Hate Them and GCs Should TooThis article examines four of the most common justifications for arbitration and suggests examination of the knee-jerk impulse to include arbitration provisions in commercial agreements.
By Edward S. Robson
1 minute read
June 20, 2018 | The Legal Intelligencer
Enough With Arbitration Provisions: Litigators Hate Them and GCs Should TooArbitration provisions are a common feature of commercial transactions for businesses trying to alleviate the burdens of litigation. In-house and transactional attorneys routinely include arbitration provisions in all flavors of commercial agreements.
By Edward S. Robson
1 minute read
April 20, 2018 | The Legal Intelligencer
'Pittsburgh History': Boring Name, Big Development for Attorney-Client PrivilegeThe plaintiffs propound discovery seeking your communications with the board related to the transaction. Can the company assert the attorney-client privilege against plaintiffs? Pennsylvania courts have been surprisingly quiet on this common issue until recently.
By Edward S. Robson
6 minute read
February 28, 2018 | The Legal Intelligencer
Demystifying Individual and Derivative Claims in Closely Held Corporate DisputesYou represent a minority shareholder of a closely held corporation and the company is having an off year. The majority shareholder is the sole member of the board and serves in every officer position.
By Edward S. Robson
1 minute read
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