What is the difference between a general partnership and a limited partnership?
In a general partnership, all partners have joint and several liability to third persons for the obligations of the partnership, no matter what their contribution or investment in the partnership was....
View ArticleWhat form of business entity is best?
The choice of legal entity is a difficult issue and must be addressed on a case-by-case basis, depending on the type of business to be conducted, the goals of the owners, and the financial...
View ArticleCan one person form an LLC?
Yes, under a fairly recent amendment to the California statutes, which authorize limited liability companies, one member LLCs are now allowed in this state. LLCs are governed by state statutes, which...
View ArticleWhat is the difference between mediation and arbitration?
The difference is in who resolves the conflict. In arbitration, the parties (usually through their attorneys) present their case to a third party neutral (the arbitrator) who renders a decision in much...
View ArticleWhat is the difference between arbitration and a court case?
In a court case, the parties have a right to conduct extensive, and expensive pre-trial procedures. Discovery, a process designed to uncover the facts about the case, usually includes depositions and...
View ArticleWhat is the difference between a mediation and a settlement conference?
Mediation is often confused (even by some mediators) with the traditional settlement conference, which usually takes place before a judge. In a settlement conference, the “settlement judge” is likely...
View ArticleIs what I say at a mediation kept confidential?
California Evidence Code section 1119 provides that nothing is said or admitted at a mediation, and no writing prepared in connection with a mediation, can be admitted as evidence in court or obtained...
View ArticleHow should I prepare for mediation?
It is almost always helpful for both sides to prepare position statements (sometimes referred to as “mediation briefs”) to submit to the mediator in advance of the mediation. A common question is...
View ArticleWhat happens at the mediation session?
You will be face to face with the other party to the dispute across a conference room table. Their lawyers will be present. The sessions often begin with a presentation by each side (usually through...
View ArticleWhen Can You Trust Your Bank?
In the recent N.J. Appellate Division opinion of UJB v. Kensey, the court held that typically, a bank does not have a fiduciary relationship with a customer that requires the bank to disclose...
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