Category Archives: Business

Family Business Succession: The Joys and Challenges

Family business succession can be joyous when there is a succession plan. But when there’s no plan in place, it can be anything but joyous. It is a familiar scenario for a family.  Husband and wife build a family business, take pride in its growth and achievements while it provides for the family and then some. The goal is to …

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How will the way we resolve our workplace and family business disputes impact our Thanksgiving meal?

I think a lot about my chosen areas of the law – both my areas of practices – employment and business law and the disputes that arise in the workplace – as well as the ways in which we resolve these disputes. In workplace disputes, I represent both employers and employees, largely to be able to see the issues from …

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Should Discretionary Clauses be built into Workplace Laws?

Sometimes, when you cast out a big net, you catch a lot of fish that you weren’t intending to catch. When fishing, a fisherman has the option of sifting through his catch to check what is there, keep what he wants and throw the rest back in the water. With a minor interruption of their activities, the unwanted fish can …

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First, assess your options for resolving disputes

I’ve heard people who are in a business or employment dispute often complain, “I’m stuck in this dispute, and now we’ll have to litigate. I have no options.” If you take nothing else from this blog post, know this: They are usually wrong; there are options. Most people in disputes don’t know they have options and if they do still …

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A word about “Good Counsel”

The first thing I noticed when I walked onto the campus of my law school was a beautiful stone chapel and the sign in front of it with its name: Our Lady of Good Counsel. It turned out that the law school shared the grounds with Our Lady of Good Counsel School. The chapel greeted people as they came up …

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Beyond Arbitration and Mediation: Designing the Dispute Resolution Process to Fit the Situation

Posted: October 25, 2016 in the Boston Bar Journal. We live in a specialized world, one in which access to information is so overwhelming that there literally is “an app for that” to satisfy even the most specific and narrow of needs. Yet, until recently, the legal profession’s response to the increasingly tailored needs of our clients has been to …

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Why do I need a primary care lawyer?

Here is how to resolve a legal dispute.  Approach it the way you make your medical decisions.  Start with consulting your “primary care lawyer”, just as you would first see your primary care physician. Your primary care lawyer will give you good advice about what options you have for resolving your dispute.  Your primary care lawyer is probably not a …

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Why do I need a primary care lawyer?

Here is how to resolve a legal dispute.  Approach it the way you make your medical decisions.  Start with consulting your “primary care lawyer”, just as you would first see your primary care physician. Your primary care lawyer will give you good advice about what options you have for resolving your dispute.  Your primary care lawyer is probably not a …

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The importance of process, with help from Decisive, by Dan Heath and Chip Heath

I’ve been reading the latest book by Dan Heath and Chip Heath, Decisive. (They have written two other great books: Made to Stick and Switch.) Many great insights are offered in this book that pertain to decision making and also applicable to how we resolve disputes. I’ll focus on the importance of choosing a good process. Excerpts from Decisive are …

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Courts are limited when it comes to problem solving

Recently I represented a party in a dispute over some business equipment.  This case would have been better resolved by the parties either directly communicating with each other or communicating and negotiating with each other through their lawyers. … Continue reading

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