Archive for the ‘Articles’ Category

Speed kills, but it’s a double-edged sword. Thinking and acting quickly are crucial for good litigators, but going too rapidly…

In the last issue of this publication, I explained my approach to taking depositions. Now it’s time to cover the other…

Taking depositions may seem easy. But it is difficult to do well and almost impossible to do perfectly. At some point,…

Even if you have been living under a rock, it is unlikely that you have missed the fact that the…

Introduction All too frequently, in the absence of applicable buy-sell or other shareholder agreements, serious problems arise when two owners,…

When lay people complain to me about the way that lawyers act, I often tell them that they should feel…

Complex litigation often comes down to a battle of expert witnesses. When the facts are hard to understand, a judge,…

Many hedge fund managers are dealing with significant regulatory change and uncertainty. As nearly everyone in the hedge fund industry knows,…

Someone once said that cross-examination is ultimately a test of character — not just for the witness but also for…

Introduction The SEC recently adopted a new rule that requires most investment advisers that manage more than $30,000,000 and manage…

Many money managers are confronted by an unhappy investor at some point – usually after a downturn in performance. Investor claims…

On July 20, 2004, the SEC proposed a new rule and rule amendments that, if adopted, would require most investment advisers…

I’m often surprised how many lawyers — even ones that aren’t very good — regard themselves as finished products. Great athletes…

I like to go both ways. I mean, of course, that I like to do both plaintiffs’ and defense work….

While virtually all states have dissenters’ rights appraisal statutes, only a few states have “dissolution statutes,” addressing a minority stockholder’s…

Millions of dollars worth of claims are made every year on transactions that could have been avoided (or at least…