Random Litigator Tip No. 18 | For: Business Owners
Business owners who brag about cheating, whether it be skirting taxes or ripping off customers, are targets for employee embezzlement. It sets a tone and gives the embezzler insurance, something to use if…lnkd.in/gqDQ2ifQ
Random Litigator Tip No. 17 | For: Commercial Landlords
If a tenant falls behind on rent, most leases provide that the tenant can sublet and the landlord does not have to find a replacement tenant. But, the original tenant does not have the same incentive…lnkd.in/gqvdFBr7
Random Litigator Tip No. 16 | For: Employers
When you terminate an employee, wish them well. It’s nice, and also pragmatic. Disgruntled former employees are the most likely to file a claim.
?: 415.247.7900 x206 lnkd.in/gE7piJbs
Random Litigator Tip No. 15 | For: Homebuyers
While some home inspectors may be knowledgeable, be wary of placing too much trust in a home inspection report. Home inspectors are not required to be licensed general contractors. Indeed, the state has no lic…lnkd.in/g__2bYxv
Random Litigator Tip No. 14 | For: Co-founders
If you work with someone on a project, have a written understanding of what you are going to put in, and what you are going to get in return. If your co-founder takes all the credit/profit and you have nothin…lnkd.in/gWrA7Fku
Random Litigator Tip No. 13 | For: Property owners
Don’t attach your fence or other structure to a neighbor’s without their written permission. Doing so is trespassing, however small the attachment may be, and it does not matter if the attachment is in th…lnkd.in/gZ6vt9Ar
Random Litigator Tip No. 12 | For: Litigants
Litigation is not fast. The average time to trial is a year and a half. The average time to an arbitration hearing is nine months. Bigger cases, with more at stake, take longer. Appeals add years. Defendants ca…lnkd.in/dSw9Zy8y
Random Litigator Tip No. 11 | For: Business owners buying insurance
Don’t expect your insurance broker to know your business from a questionnaire and/or a phone call. To later blame an insurance broker for not securing adequate coverage, you have to tell…lnkd.in/gVDq2uD6
Random Litigation Tip No.: 10 | For: Anyone hiring a contractor
Interview more than one candidate and let them know it is competitive. This signals that you are diligent and not looking to be ripped off. Also, be careful about asking for “high-end” or “on…lnkd.in/g6EBhi-T
Random Litigation Tip No.: 9 | For: Small business owners
In every embezzlement case, the business owner-victim trusted the person, whether his/her partner, manager or bookkeeper. Ownership never checked to make sure that trust was well placed. Check on y…lnkd.in/gGyx8mWN
Random Litigation Tip No.: 8 | For: Anyone negotiating a contract
Consider the impact of arbitration and attorney’s fees provisions. Arbitrators are conservative by comparison to juries, and pose less of a threat. Attorney’s fees make filing claims risky.…lnkd.in/gJsBbQ-X
Random Litigation Tip No.: 7 | For: Employers
Protect confidential information/trade secrets. To pursue someone in court for misappropriation requires you have taken steps to protect information from misuse and theft in the first instance. Contractual lan…lnkd.in/ezSBzDXa
Random Litigation Tip No.: 6 | For: SF Commercial landlords
Tip: San Francisco ordinances prohibit evicting commercial tenants who failed to pay rent during the pandemic. The rule generally requires post pandemic payments be applie…lnkd.in/gRtmy82m lnkd.in/gknXEx-G
Random Litigator Tip No.: 5 | For: Home sellers
Tip: Disclose known defects in the house you are selling, including leaks, movement, bad neighbors and other annoyances. WLAPC has secured half-million-dollar judgments in failure to disclose cases. Make the…lnkd.in/gPw6XEHq
Random Litigator Tip No.: 4 | For: Homeowners
Tip: If you have used someone else's land for several years, do not assume that it has become yours through magical property laws. Adverse possession and prescriptive easements have technical requirements th…lnkd.in/ga9J4mBF
Random Litigator Tip No.: 3
For: Founders
Tip: Don’t spend 100% of your time making the product/service, while spending exactly no time anticipating and dealing with potential disputes. Anticipating future disputes is critical to your ultimate success.
?:…lnkd.in/dVHb-syn
Random Litigator Tip No.: 2
For: Corporate clients
Tip: Get your attorney’s initial comments on a proposed contract, and move on. Don’t allow an attorney to negotiate immaterial minutia. The law of decreasing marginal returns applies here. Each round the…lnkd.in/grMMSray
Random Litigator Tip
No.: 1
For: Anyone with a claim
Tip: Don’t wait to bring your claim. The statute of limitations generally starts to run as soon as you suspect wrongdoing. Some limitations periods are extremely short. Act with haste. lnkd.in/gWwe-nuS
A new case handed down from the 9th Circuit requires employers take action: conta.cc/3DKxwBs
