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Category Archives: Commercial Law
“You Knew What I Meant” Not a Defense
Some years ago, the television series “Ed”, began with the titular character losing his job at a Wall Street law firm. The firm fired Ed after it suffered a multi-million dollar malpractice liability, supposedly caused by his misplacing a comma … Continue reading
Posted in Business Law, Commercial Law, Contractors, Personal Representation
Business Divorces: Preparing for Partition
Often a few friends want to start a business together. Before signing on the dotted line, before renting office space and buying furniture, before ordering business cards, ask yourself how your relationship with this new company might end. Often businesses … Continue reading
Posted in Business Law, Commercial Law
MGM Attorney David Browne Quoted in Lawyers Weekly Article on Mediation in Bankruptcy
Excerpted from Virginia Lawyers Weekly article “Use of mediation in bankruptcy on the rise” dated 4/27/2011 Mediation in bankruptcy cases is becoming more common, as judges and lawyers discover how it can prevent the loss of millions in litigation costs … Continue reading
Posted in Commercial Law, Construction Disputes, Contract Disputes, Trials
Non-compete Clauses: They’re not just for Employment
Most business owners have probably found themselves wishing they had less competition. But serious fears arise when the competitors are former employees or even former owners of their businesses. In Western Insulation LP v. Moore, a Virginia federal court re-emphasized … Continue reading
Posted in Business Law, Commercial Law, Franchise Law
Social Networking Websites and the Potential Risks To Your Case
Millions of Americans are members of the various social networking websites, and the popularity and prevalence of this phenomenon shows no signs of slowing. Services like Facebook, MySpace, LinkedIn and Twitter allow individuals and businesses to communicate with the world … Continue reading
Posted in Appeals, Business Law, Commercial Law, Personal Representation, Trials
Contractors vs. Employees: It’s Not Just A Title
With the down economy, many companies have eliminated jobs and turned to independent contractors to trim costs. However, it is not up to the business or the worker to decide who is a contractor and who is an employee. The … Continue reading
Posted in Business Law, Commercial Law, Contractors
Selling Your Business: Part of the Plan
Part 1: To Determine Value, Get Professional Help Too often, business owners rely on the financial statements prepared by their CPA’s to determine business value. In fact, sales prices often far exceed the values suggested on financial statements. Compilations and … Continue reading
Posted in Business Law, Commercial Law, Franchise Law
Contract Drafting: The Ounce of Prevention
Many of us can recall the old TV commercial featuring a mechanic performing major engine repairs to a car, who chastised that the costly damage could have been prevented by the regular purchase of a low priced oil filter. “You … Continue reading
Posted in Business Law, Commercial Law, Contract Disputes
Merchant’s Reply Doctrine Cuts Both Ways
Most businesses know to be wary of credit applications or agreements which may include provisions for high rates of interest or other pro-creditor terms — indeed, well-run businesses know to use such forms themselves. What surprises many businesses is the … Continue reading
Posted in Business Law, Commercial Law, Contract Disputes
“Pay when Paid” Clauses Not Absolute
The bane of the commercial subcontractor’s accounts receivable is the “pay when paid” clause — once an inventive addition to a few general contractors’ forms, now the norm in form subcontracts offered on major projects. The “pay when paid” clause … Continue reading
Posted in Commercial Law, Contractors