Strategic Litigation Risk Assessment: Navigating Financial Exposure and Technological Volatility
I have been litigating more in the past year and a couple of months. Why? What does this mean for me, my clients, my friends, and the business world at large? Stepping back for a minute led to the following conclusions all businesspeople need to consider when thinking about their business and legal strategies going […]
Environmental, Health, and Safety Contract Issues
When environmental, health, and safety obligations slip through the cracks, corporations confront more than lost productivity and strained supplier relationships. They face a landscape of legal liabilities that can swiftly erode balance‐sheet strength, derail strategic initiatives, and unsettle stakeholders. From enforcement actions and citizen suits to contract disputes and insurance claims, EHS failures ripple through […]
Examples of Earn-out Litigation
This blog post shares three real-world earn-out litigations—each in a different forum, each tied to a transaction in the $5 million–$20 million range, and each presumably costing total attorney’s fees greater than $1 million! 1. STX Business Solutions, LLC v. Financial-Information-Technologies, LLC Delaware Court of Chancery │ C.A. No. 2024-0038-JTL (Del. Ch. Oct. 31, 2024) […]
Boilerplate Language: Forum Selection and Choice of Law
Forum Selection Parties need to consider (a) the location where the dispute will be heard and (b) whether the dispute will be resolved by litigation, arbitration, or mediation. To add a little complexity, parties need to decide whether arbitration or mediation awards will be binding or non-binding. Contracts have choice of law provisions because a […]
Boilerplate Language: Final Terms, Amending Terms, Waiving Terms, Incorporating Terms, OH MY!
Each of these issues is typically found in the boilerplate at the end of a contract. Business owners who negotiate their contracts without legal counsel typically gloss over these provisions because they are unrelated to the business terms of the deal. They do so at their own peril. Entire Agreement. The integration or merger clause–also known […]
Privacy, Security, and Artificial Intelligence Checklist
Enforcement activity saw a significant surge throughout 2025, marked by landmark judgments and multi-million dollar settlements. These actions primarily targeted issues such as analytics, ad tracking, wiretapping, data subject rights, and the collection of sensitive data. As we move into 2026, this aggressive trend shows no signs of slowing. To help your organization navigate these […]
OPINION: A National Framework Helps Providers And Users
A uniform federal approach would reduce compliance complexity for AI vendors that otherwise must navigate divergent state laws and standards. This lowers transaction costs for multi‑state deployments and speeds product rollouts, which benefits end users through faster access to improved tools. Eliminating the patchwork of state rules that already forces vendors to bake differing legal […]
AI and the 4th and 5th Amendments
Our most intimate thoughts, schedules, and professional secrets are no longer just in our heads—they are in our “assistants”. From enterprise-grade legal AI to the voice assistants on our nightstands, Artificial Intelligence (AI) is increasingly becoming an extension of the human mind. But this technological evolution creates legal friction like all other disruptive technology has. […]
Equitable Servitude In Real Estate
An equitable servitude is a legal term to describe a non-possessory interest in land that operates much like a covenant running with the land. In other words, it operates very much like a restriction on the use of land that is held by a third party. Golf courses provide a great example. In case from […]
Five Real Estate Cases to Know
Economic uncertainty inevitably leads to litigation in all sectors. Here are five different real estate cases with issues that will lead to even more cases filed in the near future. 1. Return of Deposits for Unbuilt Co‑Living Units Case: Thirty‐Three South American Buyers v. Location Ventures (Miami‑Dade Cir. Ct., filed Feb. 2024)Issue: Breach of contract—developers […]
