Privacy, Business and Law

In the recent N.J. Appellate Division opinion of UJB v. Kensey, the court held that typically, a bank does not have a fiduciary relationship with a customer that requires the bank to disclose information within its files, such as an appraisal, concerning the financial viability of the transactions their potential loan customers are about to [...]

You will be face to face with the other party to the dispute across a conference room table. Their lawyers will be present. The sessions often begin with a presentation by each side (usually through the lawyers). The mediator will usually ask questions, and this is often when the parties themselves begin to participate. Following [...]

It is almost always helpful for both sides to prepare position statements (sometimes referred to as “mediation briefs”) to submit to the mediator in advance of the mediation. A common question is whether these statements should be given in confidence to the mediator or served on the other parties. It is usually preferable to share [...]

California Evidence Code section 1119 provides that nothing is said or admitted at a mediation, and no writing prepared in connection with a mediation, can be admitted as evidence in court or obtained by a subpoena or otherwise in discovery. However, “you can’t un-ring a bell.” Facts revealed during a mediation can be used to [...]

Mediation is often confused (even by some mediators) with the traditional settlement conference, which usually takes place before a judge. In a settlement conference, the “settlement judge” is likely to express ultimate opinions on the merits of the case or the reasonableness of a proposed settlement. In contrast, mediation encourages the parties themselves to form [...]

In a court case, the parties have a right to conduct extensive, and expensive pre-trial procedures. Discovery, a process designed to uncover the facts about the case, usually includes depositions and written interrogatories that must be answered under oath. Also, the parties have the right to file pre-trial motions (such as demurrers and summary judgment [...]

The difference is in who resolves the conflict. In arbitration, the parties (usually through their attorneys) present their case to a third party neutral (the arbitrator) who renders a decision in much the same way as a judge would in more formal court proceedings. The parties agree in advance whether the decision of the arbitrator [...]

Yes, under a fairly recent amendment to the California statutes, which authorize limited liability companies, one member LLCs are now allowed in this state. LLCs are governed by state statutes, which are not consistent or uniform from state to state. If you are in a different state and wish to form an LLC, you should [...]

The choice of legal entity is a difficult issue and must be addressed on a case-by-case basis, depending on the type of business to be conducted, the goals of the owners, and the financial arrangements. There are certain types of entities that are commonly used for some types of businesses, but there is no “right” [...]

In a general partnership, all partners have joint and several liability to third persons for the obligations of the partnership, no matter what their contribution or investment in the partnership was. With a limited partnership, the general partner(s) have this unlimited liability, but the limited partners’ liability is limited to the amount of their contribution [...]