Litigation

Contracts and COVID-19: Between an Impossible Rock and an Impracticable Hard Place

Contracts and COVID-19:  Between an Impossible Rock and an Impracticable Hard Place

An unprecedented worldwide pandemic is impacting contractual relationships across the world. What happens when a party cannot perform his or her obligations under a contract as a result of COVID-19? Read on to find out.

SMALL CLAIMS, BIG IMPACT - CHAPTER 1: SO... WHAT'S A SMALL CLAIMS COURT?

SMALL CLAIMS, BIG IMPACT - CHAPTER 1: SO... WHAT'S A SMALL CLAIMS COURT?

As attorneys who represent small and medium-sized businesses, we get a lot of questions about small claims court.  As such, we've put together a series of articles entitled Small Claims, Big Impact, which will explain how the small claims court process works and why it’s important for every individual, freelancer, and business to understand the purpose and functioning of small claims court. 

Chapter 1 dispels some common myths and provides the basics behind the small claims court.  Subsequent chapters will roll out over the next few weeks, so be sure to check back regularly for the next installment in our Small Claims, Big Impact series.  We hope you enjoy it.

California’s Struggle Against the Federal Arbitration Act*

California’s Struggle Against the Federal Arbitration Act*

With the continuous upheaval in California’s interpretation of arbitration provisions, and the ongoing friction between California and federal courts, companies subject to the jurisdiction of California courts should be strategic in how to get the most out of their arbitration provisions.

Solving Pied Piper’s Legal Woes: Season 4, Episode 1

Solving Pied Piper’s Legal Woes: Season 4, Episode 1

Season 4 of HBO'S Silicon Valley has become a weekly case-study in why entrepreneurs and startups’ success is so often inexorably linked to their ever-escalating legal woes.  Here is the legal advice I would give the Pied Piper team, episode by episode.

5 Valuable Lessons All Entrepreneurs Can Learn From "The Founder"*

5 Valuable Lessons All Entrepreneurs Can Learn From "The Founder"*

The Founder, the story of the man who took McDonald's from a single obscure location and made it into a household name, has the same themes as a modern day tech startup; high hopes, best intentions, friction between the “engineers” and the business, betrayal, power struggle, and ultimately the re-writing of history. 

Just as with countless startups where one founder is pushed out and erased from history, the McDonald brothers had multiple opportunities to stop their own demise.  Here are 5 things entrepreneurs can do to avoid stumbling in their footsteps:

Be Wary of How You Use Your Opponent's Privileged Documents

Be Wary of How You Use Your Opponent's Privileged Documents

Imagine you are a litigator and, after reviewing thousands of documents, you find an email that looks like advice being given to your opponent, by one of their own lawyers.  Before celebrating, take heed, when international law firm Gibson, Dunn & Crutcher LLP was placed in this very position, its actions led to its complete disqualification.