In almost any lawsuit, after the initial pleadings are filed, and before the trial, the parties engage in an extended period known as “discovery,” where each side demands and receives information about the other side and its case. In business cases parties typically ask for all of the contracts, communications and financial information that pertain to the issues in dispute. Businesses are generally quite reluctant to share internal business information with any third party, especially a litigation opponent. However, the law favors broad pretrial disclosure of information that has any potential relevance, and thus the volume of information exchanged in the discovery process could be great. read more
This article, like most others covering a topic as dull as pre-judgment interest, doesn’t make for the most exciting reading. That excitement usually occurs after a business trial, during the conversation between a client and his lawyer who failed to properly consider how to handle a potential award of pre-judgment interest – the interest that accrues on an alleged obligation from a time prior to trial to the date of entry of judgment.
In a business case, it is not unusual for the disputed events to occur at least a year, if not several years, before trial. Pre-judgment interest may therefore constitute a significant portion of the award sought at trial. read more
“What Business Lawyers Need to Know About Arbitration” was the topic of a December 16, 2014, lunch seminar Jay Spillane delivered to the San Fernando Valley LLP ProVisors affinity group. In the presentation, Jay suggested business lawyers take another look at the “old-school” arbitration clause lawyers have included in contracts for years: “Any disputes arising under or related to this agreement will be resolved by binding arbitration before the American Arbitration Association.” Instead, Jay urged, business lawyers should consider a host of other matters that have been litigated since that now outdated language first came into use. Those issues include the following:
• Scope of matters submitted to arbitration
• Arbitral society to adjudicate claims
• Forum and choice of law
• Single neutral or panel
• Discovery rights
• Timing and conduct of hearing
• Available remedies
• Basis for decision
• Appellate rights
For more information about best practices for business arbitration clauses, see below: read more
Spillane Trial Group PLC announced today that Cathrynne Dale has become an officer in the firm. Dale, who joined the firm more than two years ago, was an integral part of the firm’s record of success during 2014, which included the favorable outcome of copyright case involving an Academy Award-winning movie, a triumphant sweep in multi-state litigation for investment holding companies, and successful motions involving novel issues related to attorney-client privilege. Dale is a creative thinker who fits well into the firm’s guiding principle that developing and articulating a direct and memorable case theme is the most cost effective and beneficial route to protecting the clients’ interests. read more
Spillane Trial Group PLC announced today that Jay Spillane is listed in the 2015 edition of Best Lawyers in America. Jay was selected by his peers for inclusion in the 21st edition of the publication because of his successful commercial litigation practice, which centers on high-stakes lawsuits.
To select the nation’s best lawyers, the publication conducts peer-review surveys through which thousands of lawyers are evaluated annually. Only lawyers who meet the publication’s stringent requirements make the list. For 2015, 52,488 lawyers representing 137 different practice areas are included.
Best Lawyers is the legal profession’s oldest and most respected peer-review publication. read more