Photo of Cleve Clinton

I take a holistic approach to solving the real problem at the heart of a crisis. If legal action alone may fall short of the mark, I dig deeper to find the practical solution that will achieve the best outcome.

Excited about closing on his new house, Furst Thyme Byer received emailed wire transfer instructions for his full $250,000 payment from his broker Chad at Chase N Rainbows Realtors. Complying with Chad’s instructions in the letter, Furst emailed Schneckner at Schneck’s Loans who wired the closing funds, as instructed, to what they both thought was In-O-Cent Title Company’s account. The next day, Ida at In-O-Cent Title called Furst looking for the money. Checking with Schneck’s Loans, Furst confirmed the funds were wired to the In-O-Cent Title account as directed. But In-O-Cent Title never received the money. The wiring instructions were bogus. They came from a similar email address, but it was not Chase N Rainbows’ – nor was it In-O-Cent Title’s bank account. Is anyone besides Furst responsible for the missing funds? If so, who? The title company? The mortgage broker? The real estate broker?
Continue Reading Who Loses When Hacked Emails Send Wire Transfers to the Wrong Account?

Seeing the bottom line awash with red ink yet again, Susie Sears reluctantly decided to shut down her family-owned Widgets-R-Us.  Pressured by thinning margins, a weakening labor pool and increasing competition from foreign markets, Widgets-R-Us is leveraged to the hilt and profits are insufficient to pay even her secured debt. With no viable assets or business, there’s nothing to mortgage or to sell. How can Susie and her fellow company officers walk away without becoming personally liable?
Continue Reading Closing up Shop: Your Company and You

Having just fired up her Amazing Alexis and connected it with her other “smart” devices handling her heat, lights and security, Honor was sharing with her husband some troubling, sensitive health information about her trip that day to the doctor’s office. Honor’s tale was interrupted by a call from her brother who demanded “unplug your Alexis devices right now, You’re being hacked!” Sadly, Honor’s recorded tale also made its way to the editor of the neighborhood news-blog Gladys Gravits, who shared it in the community email, along with her effusive professions of sympathy. Does Honor have any recourse?
Continue Reading Privacy Alert – Alexa (and Friends) is Listening!

In the summer of 2016 Stormy Sultry aka Peggy Peterson and Dennis Duck aka David Dennison engaged in some alleged hanky-panky. Wanting to nip in the bud any later stories about what happened, Duck’s agent gets Sultry to sign a non-disclosure agreement (NDA) in exchange for which Duck happily pays Sultry $130,000 for her silence and her agreement that any dispute over the NDA could only be pursued in a private arbitration. Agreeing that damages for any breach are not readily determinable in dollars, the NDA has a liquidated damages provision that damages are $1 million per breach. Is the NDA enforceable?
Continue Reading How to Avoid Trumping Non-Disclosure Agreements

Originally designed to share our practical insights, a little humor and some business common sense, Jamie Ribman and I wrote for our Maverick clients – entrepreneurs who dare big, plan big, think big and often find themselves in big trouble.

When Jamie left to go in-house with a firm client in 2014, Drew York ably stepped in. We re-directed a bit and, of late, have intentionally reacted more to legal issues presented by current events.

As both the world and our lives have changed, so has Tilting… and our clients.
Continue Reading Ten Year Anniversary. WOW!

Having won her primary, Starr Struuck is ready to update her campaign website and Instagram feed to jazz up her image and promote the reasons why she should win the general election. Having been chastised by Captain Kurff of Star Warp’d who tweeted Struuck to take her personalized and autographed photograph of the two of them at the Comic-Con convention off her newsletter and website, she remains determined to stick with her Star Warp’d theme. A Getty image photograph of the Starship Enterprise circling an unknown planet is now pasted across her social media. This time Getty images complains. Again, Struuck insists that she was merely publicly confessing her affection for geeky space adventure shows. Is Getty in the right to complain and demand to be paid?
Continue Reading Online Images – Free to Use?

Running for office, Starr Struuck sent out a campaign newsletter extolling her qualifications and a list of reasons why she should be elected rather than her incumbent opponent. Prominently displayed in her newsletter and website was a personalized and autographed Comic-Con convention photograph of Starr Struuck perched beside wildly popular and well-known Captain Kurff of Star Warp’d. When advised of her campaign literature, Captain Kurff tweeted Struuck demanding that she destroy all copies of the campaign newsletter and remove his likeness from any of her campaign materials as he was not endorsing her. Protesting that she was merely publicly confessing her affection for the Captain and geeky shows generally, Starr resisted. Is Captain Kurff right?
Continue Reading Great Pic! But Can You Use It?

Agreeing with Benjamin Franklin that there is nothing certain except death and taxes, Sketch Wood and his partner Minnie Brix, owners of Wood & Brix, and their 200 employees are certain that the new tax law will affect them, but they are a bit overwhelmed. Looking for an overview, Sketch asked his favorite non-tax lawyer to hit some of the high points of the first significant reform of the U.S. tax code since 1986.
Continue Reading New Tax Law – Impacting Your Small Business and You

Frazzled by the incessant demands for her company Acne Brick’s financial records from her husband’s divorce lawyer Ditcher Quick, company president Annie Acne was wondering what her next maneuver might be when her Information Technology officer walked into her office. The subpoena that he was holding demanded production of all Acne email communications between Annie and (i) her divorce lawyers and (ii) her attorney brother who helped her rearrange just a few things. Annie immediately called her attorney Elle O’Quent to ask, “Can Acne Brick be ordered to produce Annie’s emails from Acne’s computer?”
Continue Reading Is Your Company Email to Santa Protected?