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Assessing Litigation Risk (Advice for Executives & In-House Counsel)

Over the course of my career, I have repeatedly observed corporate clients being led astray by outside counsel whose primary motivation is billable hours. Let’s be clear: Some corporate lawyers are true fiduciaries and give their clients outstanding, honest advice. But there are many lawyers out there whose advice hinges on what course of action

Litigation PR/Media Strategy: Now a Necessity in High Stakes Cases

This article addresses the importance of litigation PR / media strategy.If you talk to most lawyers who are in their 60’s and 70’s, they will probably tell you that the media and the press have no role in litigation. That using the press in litigation is sacrilege. That once in litigation, disputes must be resolved

How I Spent the Past Decade Changing Florida Non-Compete Law

I am a frequent critic of the American legal system and the litigation process. I regard that system and process as largely dysfunctional. For the past decade, I have dedicated my career to addressing a single aspect of that dysfunction: The overuse and abuse of extremely broad and unreasonable non-compete agreements which are – as

FLSA: Many Pure Commission Employees Have FLSA Overtime Claims

The FLSA is poorly understood. So, over the next several months, I will be writing a series of blog posts on the FLSA. The goal of these posts is twofold: First, to help individuals/employees whose rights have been violated. Second, to help companies better understand the law so they can change their policies and comply

In Defense of the Traditional Retainer for Complex Litigation Counsel

This essay argues the value proposition of the traditional law firm retainer, particularly for complex litigation that requires sophisticated counsel. When we hear the word “retainer”, we most often understand that concept in the modern, conventional sense: a deposit or advance against fees. That is the most common, modern understanding of a retainer. A party

Responding to Non-Compete Cease & Desist Letters (Strategies and Options)

Over the past decade, I have represented literally hundreds of clients in non-compete matters. I have seen more than 1,000 non-compete cease and desist letters. Several times a week, someone contacts my office who has received a non-compete cease and desist letter. These folks come from every level of every industry. We routinely represent C-level