Trust the Leaders

Issue 11 / Spring 2005

• Understanding the Use of Experts in Modern Commercial Litigation Your company has decided that it must file a lawsuit against a former employee turned competitor in order to recover the business losses you have been suffering since his defection. Or even worse, your company has just been served with a summons and complaint in which the plaintiff has claimed damages for its business losses.
• Can You Keep A Secret? Leonardo DiCaprio’s portrayal of Howard Hughes in “The Aviator” might never have made it to the screen if the true life protagonist had not had a father who understood a truism about human nature—the best way to keep something confidential is to tell no one about it.
• Effects Of Differing Cultural Backgrounds On Dispute Resolution It has been stated that an advantage of arbitration in international disputes is that it offers hope of reducing both bias and the prospect of parallel lawsuits in different countries. Arbitration is also commonly expected to provide confidentiality and expertise.
• Lien Law: Use It or Lose It Picture this. Your company has just completed construction of its new corporate headquarters. You are ready to make final payment to your contractor of $100,000 and convert your construction financing into a lower cost permanent loan. Although your understanding was that everyone had been paid, subcontractors and suppliers have recorded lien claims against the project in excess of half a million dollars, and your contractor says he’s broke. Your lender refuses, however, to close on the loan until all claims of lien are cancelled. To get the claims of lien cancelled, your attorney advises that you may have to pay twice for the same work. Are you in Alice’s Wonderland? No, you have just entered the Construction Lien Zone.