How do you prove a whistleblower case? Usually, the best way to prove that there has been retaliation against a whistleblower is some type of documentary trail. Maybe there is some email that reflects that a complaint was made to a governmental agency or within the organization itself, and then after that complaint was made […]
“Implied” Contracts
Contracts are usually based on words, either written or spoken. Such contracts are “express contracts”; i.e., the terms of such contracts are expressed by words, and from those words, the Court can review the parties’ contractual obligations. But not everyone is good at expressing themselves verbally, and not every agreement is reduced to words. Taking […]
The Art and Science of Litigation:/Common Challenges
Clients involved in contested matters come to attorneys for guidance regarding the litigation process. Oftentimes, clients on opposite sides of a dispute believe 100% in the justice of their cause, yet, in the usual case only one of the sides will prevails in the litigation. Contract litigation attorneys are schooled in the art of risk […]
Class Action: Opting Out vs. Remaining in the Class
Depending on the type of class action claim that has been asserted and knowing there was a violation of the law, an employee will likely receive more if they opt out and file their own lawsuit. On the other hand, if the amount at stake is nominal, all a potential class member has to do […]
Amending Contracts
Written contracts can generally be modified only by another signed writing or by an “executed” oral agreement (i.e., an oral agreement actually performed). Oral discussions about modifying a written contract which are not executed (performed) will not change the contract terms. At times, the parties will present to the Court a series of emails to […]
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