There are times when in-house counsel understands its limitations and knows that its team does not have the knowledge or skills to tackle a certain task such as litigation. This is the time that a company needs to turn to an outside law firm. Once corporate counsel...
As a business owner, you are familiar with the challenges that come from running a company. Every day you make decisions that impact your bottom line and your livelihood. The people who count on you for employment are also affected by the choices you make. When...
An arbitration agreement serves as an effective tool, providing important benefits and protections to companies seeking dispute resolution involving customers. Working with an arbitrator who likely is a former judge or attorney who has extensive experience in the...
There is no one size fits all solution to the practical and logistical problems that confront a company when it engages in litigation, either as plaintiff or defendant. There are those industries wherein litigation is an integral part of the conduct of business –...
In a previous blog, we discussed clickwrap agreements and the features that these documents provided to businesses and business owners. One of the many provisions frequently found in these agreements are clauses that require disputes among the parties to be handled in...
Recently, IR Global and the Association of Corporate Counsel (ACC) released a publication in which the two groups collaborated to provide information about issues of importance to potential clients from around the world. Attorney Harry A. Payton is a member of both of...
Clickwrap agreements are binding contracts between businesses and consumers. These online contracts occur when a person “accepts” terms on a company’s website by simply clicking a button or checking a box that states, “I agree.” Also known by other names such as...
As counsel for the plaintiff in a case involving internet theft, Payton & Associates defeated a petition for certiorari. Plaintiff sued three defendants. Plaintiff settled with one of the defendants. One of the two remaining defendants sought discovery of the...
If you were in a deposition right now, with your hands folded on top of the table in front of you, with your watch covered by your shirtsleeve and were asked “Do you know what time it is?” do you know the correct way to respond? You stretch out your arm to which your...
The question of almost every party to a contract that remains to be fully performed is whether Covid-19 is an act of God that will excuse performance by the party who has yet to complete performance. The starting point in any such inquiry is the written agreement...