“You won't get sued for anticompetitive behavior.” - Linus Torvalds In continuing Tuesday’s theme of asking essential legal questions, all business owners should approach their lawyer at the outset and inquire: What are the chances my business will get sued? The short answer is: Pretty good. The follow-up is often: Why? The short answer … [Read more...]
When a Pump-and-Dump Brews
“Stir it up, little darlin', stir it up.” - Bob Marley Musicians, just like celebrities and athletes, have been venturing in to the food and beverage industry. Sammy Hagar made millions with Cabo Wabo tequila, and even more when he sold his shares. Even his regular sideman and former-Van Halen bassist, Michael Anthony, has his hot sauce company. … [Read more...]
Aces and Eights: The Value of Client Relationships
“This isn't flying, this is falling with style!” – Buzz Lightyear I recently traveled to Denver to represent a client. It was not a case I had started, it was a case that I inherited from a biglaw firm. My client insisted, and we were as supportive and helpful as we could be – until the biglaw firm gave away the best argument for a bag of magic … [Read more...]
Why Two Thirds of a Loaf is Better than None
“Thus it is that in war the victorious strategist only seeks battle after the victory has been won, whereas he who is destined to defeat first fights and afterwards looks for victory.” - Sun Tzu Time and time again, I hear in my practice or from a friend of the inadequacy of another attorney in a litigation. You have to take that claim with a … [Read more...]
On the Value of Sweating the Small Stuff
“Next time, bring kryptonite.” – unattributed. Richard Carlson – who bills himself as one of the world’s foremost experts on happiness – made a fortune with his series of books – Don’t Sweat the Small Stuff. Admirable as that sounds, that’s not our philosophy here at Brinen & Associates. We do sweat the small stuff. We sweat the small stuff … [Read more...]
Witness for the Barbecue-tion
“And who can doubt a chicken? You can't. Chickens aren't going to lie. Chickens have integrity.” - Scharlette Holdman, defense counsel I wish you all Happy Holidays and a healthy and prosperous New Year. I hope your year-end is filled with warm fires, good turkey (or 12 kinds of fish), and just the right amount of family to make you think: … [Read more...]
Karma is a B!tch
"The ass you kick today may be the ass you kiss tomorrow" – Author Unknown A couple of months ago, after taking the Nevada Bar, and while we were a little short handed, a Response to a Motion for Partial Summary Judgment snuck up on us. We asked for an extension. We were granted the extension from the other side just to have that extension … [Read more...]
Why Suing Someone has Nothing to do with Right and Wrong
Sometimes the hardest part of a lawyer’s job is explaining to a client that suing someone has nothing to do with right and wrong. A client will come into my office feeling wronged because he or she didn’t get the benefit of a bargain. Perhaps the other side of a business deal acted unfairly or failed to perform. So my client wants revenge. I … [Read more...]