Thursday, March 31, 2011

Reyes vs. Arco Management Corp(App. Div. 2nd Dep't); Tricky Decision regarding Section 200 of the Labor Law.

This is a case that all attorneys who practice in the personal injury arena have to read and understand. Plaintiff was employed by a landscaping company. Reyes(plaintiff) was mowing on defendant's property. Apparently, the lawn mower's blade spun after it tipped upon entering a hole near a wall. The employer was cited for the lack of an"emergency shutoff switch" . The Appellate Division affirmed denial of defendant's summary judgment motion. The thrust of the decision as I read it, is that when an accident involves defects in both the premises and the equipment used at the worksite, the property owner seeking summary judgment relating to Section 200 must address proofs relative to both liability standards. Tricky stuff! Beware!

Wednesday, March 30, 2011

Which evidence is more compelling in the Bonds' trial; His smaller testicle size or his increased hat size?

As we all know, in proving a perjury case you must prove a case within a case;i.e. the truth of an underlying fact(s) and knowingly lying about it under oath or in other specified situations. So here , the Government must prove that Bonds knew he was taking steroids before they can get to the lying part. Not easy without Greg Andersen the trainer, who is allegedly the only one with direct knowledge regarding "the actual injection of steroids" So what does the Government have? A strong circumstantial case is being built. Giambi and other baseball players' testimony regarding general facts about steroid use. Someone who saw an individual come out of Bonds' bedroom with a syringe. His former girlfriend who testified about discussions with Bonds and her observations about hair falling out, acne, weight gain, ....and smaller testicles and larger hat size. Hmm. Did someone say "getting older "? Well, it will be interesting to see how the evidence and trial progress. Can a jury convict Bonds for having "small balls" and "a big head" ? Your thoughts?

Tuesday, March 29, 2011

For one night, The Knicks were Prom Kings!

How long has it been since the Knicks played a meaningful game at Madison Square Garden? Seems like 10 years or more. New York fans are starving for excitement, meaning, playoff basketball...They want and need intensity, chippiness, Charles Oakley, Starks, Ewing and Anthony Mason! Well , last night they got it. Coming off what, a six game losing streak, playoff hope and all optimism fading, a Monday night game against Knick killers Dwight Howard and Orlando.....to be honest I didn't even turn on the tv until the end of the first quarter. But, what you saw last night was not just a Knick win in overtime against Orlando when they really, really needed it, Melo scoring 39 in an offensive display....you saw desperation, nastiness, dirty play, aggressive play, chippiness, elbows, floor burns and a toughness not seen at a Knick's game in 10 years! To be honest, they have to play like that every single night to win, and make a playoff showing. Look , I know it was only one night...but for the Knicks and their fans it was a playoff atmosphere . We had forgotten what it was really like to be in a dogfight! I feel good today...lacing up my sneaks to run full tonight.

Saturday, March 26, 2011

Covenants not to Sue; Enforceable or not?Goldman War Stories Revisited.

Did you ever have a case or cases where you either had so many filings, became such a nuisance to defendants or cost the defendants so much money via settlement or at trial(or all 3) that they never wanted to hear from you again ? Did anyone say" covenant not to sue" ? And this should not be confused with a confidentiality agreement.
In this scenario, the lawfirm(and sometimes the plaintiff(s)] agree when executing the release and settlement documents never to to sue the defendants again for future alleged injury/losses arising from the very facts involved in the litigation being settled. Is it enforceable ? In some situations yes and in some situations it might be determined to be void as against "public policy".
I had two experiences as an attorney that I recall where I executed covenants not to sue. The first time occurred after I litigated a series of sexual assault cases against a school for "special needs " students in Westchester County. After the last settlent(3 more than defendants' had anticipated) I executed the covenant. The second time was after I settled a toxic exposure case against an apartment complex owner on behalf of hundreds of injured tenants.
On neither occassion did I challenge the executed covenants. Would have been interesting if that "block-buster case" came down the pike to us after the covenants to sue had been executed, settlements paid and checks cleared... Oh well. Anyway, that's all for another edition of Goldman War Stories.

Friday, March 25, 2011

If Bonds is acquitted, does he get in "Hall"?

Well, we all know the Bonds perjury trial is under way in San Francisco . Should be plenty of interest. Did anyone say Court TV? Anyway it got me to thinking about Bond's accomplishments on the field.
I loved his dad (Bobby) and I remember Bonds' early days as a skinny kid with the Pirates. Let's also recognize that Sosa, McGuire and Bonds were instrumental in bringing baseball back. So you have the all-time homerun leader, all-time single season HR leader, multiple MVP Award winner and tremendous all around athlete. Played in a world series. Loved in the Bay Area.
My vote; Acquitted he's in...First ballot.

Your thoughts?

Thursday, March 24, 2011

In Bonds' Case, Prosecution star witness testifies he saw Bond's trainer leaving bedroom in 2000 with a Syringe.

Yesterday's testimony from the Prosecution's star witness related to an observation in the year 2000 at Bond's spring training home. The witness recounted seeing Bonds' trainer leaving his bedroom with a syringe. Ok, well it looks like spectacular, smoking gun testimony. But, is it really?
Number one, the witness never saw any injection of Bonds. Number two, the witness doesn't know what was in the syringe, let alone anything(for that matter a steroid). Lastly, this event which occurred 11 years ago; not exactly fresh in the witness's mind.
Hey, a lot can be done on cross with top-notch defense counsel.
Remember, "beyond a reasonable doubt"!

Goldman Sachs Chief testifies in" Galleon insider trading case

Lloyd Blankfein ,CEO of Goldman Sachs testified yesterday in the "Galleon insider trading case ". It was noteworthy because rarely do "bigtime CEO's testify in criminal , let alone civil trials. Blankfein was subpoenaed by prosecutors to testify in the trial of Raj Rajaratnam .
Well nothing earth shattering came out of Blankfein's testimony and there were even a few "light moments" that occurred while he was on the stand. The thrust of his testimony was to demonstrate to the Court and jurors that information discussed at Goldman Sachs's "Board meetings" was private versus what information would become public....the essence of "insider information". Blankfein obviously had no "direct knowledge " of insider leaks, tips or communications between Rajaratnam and former Goldman director Rajat Gupta.
But for one day, having the CEO of the world's largest investment bank testify at an insider trading trial was bigger than the trial itself.
Go figure!

Wednesday, March 23, 2011

Opening Statements given, trial under way in Barry Bonds Trial.

Well, opening statements are in the books in the Barry Bonds perjury trial. We now know for sure; His trainer will not testify. In my opinion that's a huge blow to the prosecution. We shall see.
While I get the reasoning behind prosecuting guys like Bonds, Clemens, etc, ....in my opinion with wars going on, poverty, illness, drugs and violent crime surrounding us, spending tens of millions of dollars over essentially a "baseball matter " is ridiculous ".
Be tough to convict Bonds with a "Bay Area " jury ....They couldn't convict O.J. in L.A.

Hopefully it won't come down to a "hung jury" on the issue of his testicle size.

This has been another installment of "Goldman Opinions ". Until next time........

Absolute Liability under Section 240 of The N.Y. Labor Law lives on.

In Palaguibay vs. 605 West 48th Street LLC(6127/09, March 9th, 2011),the Court granted plaintiff's motion for summary judgment pursuant to Section 240 of the Labor Law. In Palaguibay , the plaintiff fell from a catwalk above an elevator car while on a job to cut a hole in the floor of a motor room of a commercial (mixed use industrial ) building.
Plaintiff fell from the beam onto the elevator ceiling , dropping some 15 feet to the elevator floor suffering injury.
The Court granted plaintiff's motion based on defendants' failure to provide a harness or safety belt to plaintiff. Chalk one up for the "good guys"!

Tuesday, March 22, 2011

Mayor Bloomberg stop complaining about "TRO'S against the City; You're starting to sound like Giuliani.

The lead story in last Thursday"s NYLJ was Justice Goodman's vacating of a temporary restraining order enjoining the City from laying off deputy sheriffs and Mayor Bloomberg complaining about the fiscal impact of "TRO'S issued against the City of New York.
Mayor Bloomberg, give me a break! The City as a municipal defendant or respondent already has an unparalelled protection when a litigant seeks to have a "TRO " issued ; The opportunity to argue the merits of the "TRO " before the assigned Justice. Ordinary(non-municipal defendants) don't have that protection and customarily find out about issued TRO's when they are served with the Order to Show Cause. TRO's are necessary emergency type vehicles designed to temporarily stop or compel an action, while maintaining the "status quo" until the return date of the underlying application.
All Court orders have fiscal implications. But without this vehicle being available to litigants , the City could simply run amok ruining people's lives, careers, professions, families, homes and businesses without an opportunity for judicial protection.
Mayor Bloomberg, you're way off base here. TRO's are the great equalizer and merely serve as a temporary remedy until the Court has the opportunity to be fully briefed.
Oh and by the way; They are very difficult to get a Judge to grant in the first place.

Mayor Bloomberg, stop acting like our former Mayor!

Monday, March 21, 2011

Rajat Gupta, Former Goldman Sachs Director, Sues S.E.C. In proceeding related to Galleon case.

Rajat Gupta ,ex-director of Goldman Sachs and who ran McKinsey and Company for nearly 10 years has been accused of "tipping " Raj Rajaratnam about Goldman Sachs' earnings and Warren Buffet's $5 billion investment in the company.
The S.E.C. had brought a civil action under the Dodd-Frank Act in an expedited "special administrative proceeding". In Gupta's filing in Federal District Court he contends that he is entitled to a full-blown Court proceeding with discovery and ultimately a trial by jury. The lawsuit seeks to enjoin the S.E.C. from pursuing it's administrative proceeding against Mr. Gupta . Hey, more time, more discovery...lawyers "fighting the good fight"!

Friday, March 18, 2011

9/11 Litigation; Tough to keep Everybody Happy.

"Napoli Bern, lead plaintiff's counsel in the "9/11 Litigation " litigated their brains out, borrowed and took funding advances to help cover heavy litigation expenses, negotiated a $700 million settlement and obtained releases from 95% of the plaintiffs....But Judge Hellerstein says that's not good enough.
Judge Hellerstein says that counsel's failure to attempt to include 59 plaintiffs in the settlement,(out of thousands) who waived their rights to to participate in the "9/11 settlement" when they accepted payment from the "Sept.11 Victims Compensation Fund ,creates a conflict of interest for Napoli Bern. I don't see it. Napoli Bern , chomping at the bit to get paid has consulted top ethics counsel and will try to do everything possible to alleviate this alleged conflict and to appease Judge Hellerstein.
Remember, you can't keep all of the people happy all of the time!
More delays...

Thursday, March 17, 2011

Raj Rajaratnam; Anil Kumar's testimony(if believed) is devastating stuff!

So this week Anil Kumar testified in the "Galleon Insider Trading Case". Kumar, a former financial consultant has already plead guilty to securities charges and is cooperating with the Prosecution.

In his testimony Kumar stated that he provided "hot " insider info to Rajaratnam on the ATI Technologies Inc merger, and that Raj paid him a million. Probably cash. If proved , that testimony alone will be sufficent to convict the former hedge fund magnate. We shall see how Kumar survives cross-examination!



Stay tuned!

Wednesday, March 16, 2011

Verdicts 2010; Interesting Stuff.

So here's some interesting facts about the top 100 verdicts nationally of 2010. Largest verdict $1.3 billion ;Oracle U.S.A. vs. SAP AG. An intellectual property case handled for the plaintiff by David Boies. The hundreth biggest verdict a $20 million verdict in a breach of contract case(Umma Resources vs.Key Energy,Texas).
Did you know that 50 of the top 100 highest verdicts were personal injury cases; including products liability, tobacco, motor vehicle, nursing home negligence, medical malpractice and toxic tort cases. Verdicts were rendered in Florida, Texas, California, Pennsylvania, Delaware, Hawaii, New York, Nevada and even Arkansas.
Only 2 of the top ten verdicts involved personal injury. There were 18 verdicts over $100 million and 41 verdicts over $50 million. There were 84 verdicts over 25 million. Several included punitive damages. Verdicts were rendered more frequently in State Court than Federal Court. Allright, enough already.
But it will be interesting to see how many are reduced or overturned via post-trial motions and the eventual appeals.
Your thoughts.

Tuesday, March 15, 2011

Knicks:The East is wide open.

So who is going to make it out of the Eastern Conference come playoff time ? Very good question. Nobody is curently convincing me that they are the team to beat. Let's look at the current 8 Eastern Conference teams;
1. Celtics-injured, older, lost to the Nets last night. Still my favorite.
2. Bulls-playing most consistently of all of the top 8 teams. Boozer recently injured. Do they have enough offense aside from Rose?
3. Heat-Problems... Are they corrected based on wins over Lakers and Spurs? We'll see. Too small. Will big 3 trust the "supporting cast".All I can say is I would not want to face them come playoff time.
4. Orlando-too small, no passion, going thru the motions. Of course, Howard can be dominant. Capable of beating any of "big 3 teams ".
5. Hawks-Look like they've given up. Still have some horses. Will they give "max effort " come playoffs?
6. Knicks-playoffs should be fun. You never knowwwww!
7. Sixers-up and down. Not a patsy. Doug Collins has restored credibility to the franchise.
8. Charlotte/Pacers-can win 1 or 2 games in first round series.
As I said, It's wide open!

Monday, March 14, 2011

Ken Feinberg; Did you know his firm is receiving $850,000 a month from British Petroleum?

As you know Ken Feinberg bas been mediating thousands of "oil spill claims" resulting from the " Gulf Spill" . Many of the claimants are unrepresented by counsel during the process. The National Law Journal reports that Mr. Feinberg's law firm has been receiving $850,000 a month from BP to adminster the fund.
Did anyone say"independent mediator"? A joke. Moreover, it is reported that he has concealed his ties to BP.
On top of all this, Feinberg has been sharply criticized by the "Gulf States Attorney Generals' and many plaintiff's attorneys.
Tough spot for Feinberg; But in my opinion it beats long, protracted litigation.

Saturday, March 12, 2011

Charlie Sheen lands first blow; Files $100 million Lawsuit.

Charlie Sheen didn't waste much time in landing the "first blow"; He filed a $100 million lawsuit this week against the Netwoork and production company defendants. My opinion is the case won't last long and will probably be settled by summer. Remember my prediction; $50 million settlement.
In the meantime we can watch reruns of "Two and a half men".

Friday, March 11, 2011

Chevron Case in Ecuador; Judge Kaplan's Injunction Calls into question the "Due Process(or lack thereof) " in Ecuador.

So Judge Kaplan in U.S. District has done it again. He has granted Chevron's application for a preliminary injunction which effectively enjoins the plaintiff's from enforcing their multi-billion dollar judgment obtained in Ecuador. The judge went on to say his ruling is based upon a showing by Chevron , "that it is likely to win on it's claim that Ecuador does not provide impartial tribunals and due process. And there are at least serious questions going to to the merits of the claim that the judgment was procured by fraud."
Wow ! That's a mouthfull. Judge Kaplan has basically said, if we are asked , we will look at foreign tribunals to make a determination if "our American corporate 100 defendants " were screwed. Court's are extremely hesitant in reviewing the merits of judgments in " sister states"; Now, Judge Kaplan is venturing into very sensitive territory. So, if the injunction is upheld on appeal, will any large American company that is sued in another country be able to attack the underlying judgment at home?
Your comments.
By the way, the injunction is conditioned upon Chevron posting a bond(presumably multi-billion ) by March 15th. Let's wait and see.

Thursday, March 10, 2011

Knicks; It's been a long time since they had someone like Melo who wanted the last shot and who could deliver.

I finally sat down to watch the second half of the Knicks-Memphis game. Knicks are up 8, 10, double figures . When I head to the bathroom the Knicks are up 10; when I return it's 108-105 New York. I'm dying. Then Zach Randolph makes a conventional 3 point play(over Melo) to tie it . I'm thinking here we go AGAIN !
So the Knicks get the ball after the timeout.And whose hands do the they put the ball in...yes Melo's. And he "wants to take the last shot ". As time winds down Melo moves toward the left corner and bang! He nails a 22 footer with .5 seconds left on the clock.New York goes on to win.
How sweet it was as Melo yelled at the Grizzlies bench ' this is what I do "!
Five games over "500"; Knicks-Mavs tonight after Laker's-Heat. I'm trying to control my optimism.

Opening Statements in Galleon Hedge Fund Case; Going to be interesting to see what wiretaps say?

Well opening statements were finally made yesterday in the "Galleon Hedge Fund " criminal trial. The prosecution promised 2400 taped phone conversations, the defense promised that the evidence would show that "Raj R" was a meticulous researcher. We will see!
Usually in cases involving extensive wiretapping, the quality and clarity of the tapes is the first and foremost prosecution concern.
Then it will hinge on whether the conversations were unrestricted or whether the defendant and his accomplice(s) spoke in code, etc. We don't know that yet...
Stay tuned, afterall it's a 10 week trial.

Wednesday, March 9, 2011

Philadelphia Priest Scandal; Cardinal Rigali, It takes Grand Jury Indictment , and more bad publicity for you to finally suspend 21 More Priests.

Cardinal Rigali, I'm not sure whether to applaud you or to conclude that yesterday's suspension of 21 more Priests accused of sexual abuse or "otherwise inappropriate behavior " was too little, too late. While the suspensions were the most extensive to date, I believe they were simply another example of the Archdiocese being reactive(rather than proactive) in addressing this "huge, decades old problem " that exists in the Catholic Church.
And then an apologize to the victims and the community all these years later ! So today when priests don't show up for services, parishioners will finally learn that the individual who has been their spiritual leader all these years is an accused sexual predator.And life will go on as usual in the "Church ", with lives ruined, youth taken away and the Archdiocese will be left to defend the civil cases, plead poverty and let the cycle begin all over again...
That is, unless lessons can be learned from all this.

Madoff Revisited; Are you kidding me, David Becker, SEC'S General Counsel, had a "financial interest" in Madoff Accounts" while he investigated Madoff

Let me see if I understand this. First the S.E.C. fails to uncover the" Madoff Ponzi Scheme " despite having clues sitting there right under their collective noses. That's lame!
Then two years ago the S.E.C. Chairwoman hires David Becker as General Counsel, who allegedly after advising the S.E.C.'S " ethics officer " that he and his siblings had about a $2 million potential interest in a Madoff account, is allowed to lead The Madoff Investigation and make substantive decisions and recommendations regarding Madoff victims.(Including decisions which would positively impact himself re "Clawbacks").
You talk about "the fox watching the henhouse"! This is mindboggling...Well the saga just continues.
What will be the fate of Becker and Chairwoman Mary Schapiro after Congress is done grilling them ? We can only wait and watch.

Tuesday, March 8, 2011

Ali-Frazier 1; Can you believe it's 40 Years?

One of my greatest childhood, sports unforgettable moments of my life was watching Ali-Frazier 1 on closed circuit tv with my dad in "The City". I was all of 11 years old and I loved Ali to death. What did I know at the time about The Vietnam War, "The Draft ", Ali's refusal to be inducted or his fight all the way to the U.S. Supreme Court. I loved sports, loved boxing and idolized Ali!
When my dad got tickets for the "closed circuit showing" I went nuts. Then that day he tells me we're going to Gallagher's Steakhouse for a pre-fight meal. I could not control my excitement.
So we're sitting in Gallagher's eating our meal and the place is loud, buzzing with anticipation for one of the biggest fights of all-time(they were both undefeated). Guess who walks into Gallagher's? The "astronauts"! The place went nuts!..What a night already.
So finally we get to the theatre and into our seats. Great fight, close. But Ali gave too many rounds away. Then the flash knockdown of Ali in "the late rounds" and a decision for Frazier. They both fought their hearts out. A night for the ages. I will never , ever forget it.
Oh , and I had to wait 3 years before Ali got his revenge in Manila. Wow!

Celebrities and the Law; My Predictions.

So we have some interesting celebrity trials and legal disputes to keep an eye on for the next 6 months. Of course, nothing like "O.J". , where the whole country was glued to Court TV for the better part of a year.
Nonetheless, some interesting scenarios. Here are my predictions;
1. Barry Bonds-Aquitted on all counts. Do you really think a "Bay Area Jury " could really convict him?
2. Charlie Sheen-contract dispute gets settled pre-litigation for $50 million. Network, Production Company and Sheen make a bundle through syndication domestically and internationally, and
3.Raj Rajaratnam- gets convicted on all counts. Presiding Judge "throws the book " at him. Fifteen year sentence.
Should be fun to watch. Your thoughts?

Monday, March 7, 2011

Knicks Basketball; Atlanta fans you should be ashamed of yourselves.

Don't get me wrong, I'm feeling really good about yesterday's win over Atlanta IN ATLANTA! Without Chauncey to boot. Total team effort, even with Melo only producing 14 points and sitting the final 4-5 minutes. Fields was terrific. Right now, in a 7 game series I truly believe we can take any Eastern conference team to the limit. Still 20 regular season games left. A lot can happen.
So it wasn't bad enough that New York won going away and took the fight out of the Hawks...but that the New York "fan noise " was far more noticeable than the " home team noise"! That should never be allowed to take place in front of a "proud fan base"; win , lose or draw.
Great night for the Knicks; Sad night for the City of Atlanta.

Computers reviewing discovery documents; I don't like it!

Big story in the New Times this weekend WAS about how computers are being used to review discovery responses in cumbersome litigation. The thrust of the article was that computers are cheaper than a team of lawyers. How computers never get tired, sick, bored, depressed or lazy. Well ,all of those reasons are noteworthy and compelling....But let's not forget one thing. Litigation is really about "human" blood and sweat and hard work(not shortcuts). Can you program the computer to go with a hunch, to recall a conversation with defense counsel. Can computers sniff out a "missing document", a deceitful adversary? Can a computer replace your 25 years "in the trenches" and your life experiences? I think not!
I would be nervous as hell entrusting the case of a lifetime to my computer. What happens if the computer malfunctions, wasn't prograamed properly or the software doesn't work. What then? Who will catch that ? Will your malpractice carrier cover"computer negligence"?
Next thing you know we'll have a scene out of the Jetsons ". Robot attorneys, robot Judge and a jury replaced by a computer. Is that the direction we're heading?
Your thoughts?

Saturday, March 5, 2011

Four new Philadelphia Archdiocese Indictments for Sexual Assault;So what is the Vatican going to do or say(or pretend nothing happened)now?

So this morning I open up the Saturday New York Times over coffee, and there it is again ....another round of "outings of Catholic Church Sex Deviants". Four individuals indicted, another 37 identified , presumably still "hard" at work finding young children to prey upon. Is this 2011 or am I dreaming?
I thought that after Boston, Los Angeles, South America, Central America, Europe and Africa(to name a few) the Vatican would perform "a wholesale housecleaning " of all pedophile priests and personnel....plus establish rigid, new psychological screening for new applicant-priests.
Because let's face it, if this behavior has been so rampant for the last fifty years,I guarantee you the Church has been a "haven " for sick, molesting members of the Clergy for the last 100, 200 years or more. It makes my blood boil to see one of the richest and most powerful institutions in the world doing nothing proactive to address this endemic problem in the Church.
Is the Vatican still going to tell us "this alleged problem doesn't exist". That's tantamount to condoning it!
Well for starters here are two suggestions for the Vatican;
1. Put new Priests through a rigid , overbearing psychological and backround screening before they are ordained;
2. Never, I mean never, let a Priest or Clergyman be in the presence of children without a layperson chaperone chosen by the parents not the Church.
Implementing these guidelines for starters will go a long way towards making it much more difficult for an individual to "use the Church" to facilitate their deviant behaviors".
Oh, and "Vatican" , get in there and settle every case quickly and fairly! The victims don't need to be dragged through the mud again.

Friday, March 4, 2011

If your Case is strong, there is an offer or liability is established; We'll fund trial expenses.

The latest craze of requests is attorneys calling requesting funding for trial expenses; doctors, experts, economists, life care planners, accident reconstruction experts....You name it. I'm acutely aware of the "cost factor", having once spent $600,000 to prosecute a mass torts case!
So here's the thing. We'll look at the case, evaluate liability, damages and coverage, and if things look good we will fund "trial expenses" on a non-recourse basis.
We won't fund bad liability cases, questionable damage cases, cases where clients are whackjobs or cases with small liability policies....not good risks.
Look I'm here to fund good deals. You should know that...
Call me; We can put something together quickly for you.

Thursday, March 3, 2011

Knicks Crush Hornets; Without Chauncey...

Madison Square Garden was rocking last night..Why shouldn't it be? Without Chauncey, the Knicks basically went wire to wire crushing the Hornets by 20. Haven't seen that in a while. Other guys contributed too.Tony Douglas, Shawne Williams was huge and Anthony Carter made his presence felt.
One week into the trade the Knicks are 3-2; should actually be 4-1 if they didn't collaspe in the second half against Orlando.
Going to be interesting the next time they play the Celts and the Bulls. Stay tuned!

Wednesday, March 2, 2011

Nothing Wrong with getting a "Top Dollar Settlement " at trial.

Let's face it , real, seasoned trial lawyers always believe (right or wrong) that a verdict will be higher than the latest settlement offer. Trial lawyer mentality. While more often than not there is real acrimony between the partner trying the case and the partner running things back at the office.
True story. An attorney customer of mine has this case. His partner is trying it. Offer during trial of $5.5 million. We fund $150,000 for trial expenses. Offer is turned down with client's knowledge and they're holding out for $6 million. Trial lawyer partner thinks he will hit big.
They finish the trial 3 weeks later ...and guess what? Verdict for plaintiff $2.3 million. With interest , costs , etc $3.2 million. Not bad, but not $5.5 million. It hurts.
Moral of the story; You should never be ashamed to accept $5.5 million on behalf of a client in lieu of a verdict if offer is good.
Anyway, everything turned out ok and they are on to the next case ! It happens.

Tuesday, March 1, 2011

Funding is a Two Way Street.

For me, over the past six years funding has always been "a two way street". I try to give the best service, most competitive rates, push the deals I feel are worthy and in turn "my attorneys " confide in me when there are "issues" and do what they can to help in protecting our investment.
Not to mention good communication and responsiveness to inquiries going both ways.
These are just a few of the things which make this business[when done right] a real pleasure to be involved in.

Thank you attorneys!