Author Archives: Randall Cohen

2014 16 Nov

In Business Disputes, Don’t Let Emotions Blind You to the Real Costs of Litigation

In “The Godfather,” when hot-headed Sonny wanted to take an emotional and vindictive approach towards a conflict with the family’s rivals, consigliore Tom Hagen famously admonishes him to remember that: “It’s not personal. It’s business.” (more…)

2014 15 Sep

In July, I wrote a post about the challenges faced by small business owners when a disgruntled customer or competitor posts a negative review on websites like Yelp. As I discussed, much of what is written in even the most scathing negative review will likely not constitute actionable defamation, and lawsuits or other punitive actions in response to a negative post can open up the business owner to further scorn, ridicule, and bad publicity in the fickle social media world. (more…)

2014 20 Aug

If you own a California business and want to prevent your employees from competing against you or soliciting your customers after they leave your employ, you will find that your options are extremely limited. Any “non-competition agreement” that you may be considering or which you had your employees sign, separately or as part of an employment agreement, will almost certainly do you absolutely no good and will not be enforced, except under very limited circumstances not usually present between an employer and employee. (more…)

2014 10 Aug

In May 2014, the California Supreme Court adopted a new rule that modifies the oath new attorneys must take upon admission to the California bar. In addition to pledging to support the U.S. and California constitutions and to faithfully discharge the duties of an attorney and counselor at law, newly minted California attorneys must now solemnly swear that, “As an officer of the court, I will strive to conduct myself at all times with dignity, courtesy, and integrity.” (more…)

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