This is the third installment in a series on litigation funding. The first article provided an overview of litigation funding. Last month’s installment focused on the legality of litigation funding. This article concentrates on potential ethical issues associated with litigation funding.
After several months of telling family and friends that his wedding venue business on Big Bux Ranch was for sale, Jeff Bux is contacted by his biggest competitor Hustler Plentee who also owns a wedding venue in the next town south of Buxboro. Hustler asks if Jeff will tote-the-note because his credit is maxed out at Buxboro State Bank, which is owned by Ernest “Big Daddy” Bux. Wanting to avoid a broker’s fee and an attorney’s time, and hoping that he might be able to get a job at the Bank, Jeff – uncharacteristically – asks his father for advice to help him sell it himself. Can Jeff sell his own business? If you were Big Daddy what would you say? Continue Reading Should an Owner Finance the Buyer of Their Business?
Earlier this year we covered how Jim Duncey, the majority owner and face of Duncey’s Caps, Inc., was involved in a car accident and arrested for DWI. While the company survived the initial PR crisis, its bottom line did not. Retail sales during the following quarter were down 20 percent. One of the Duncey’s major commercial customers also terminated its contract that produced $3 million in revenue annually. Things are so dire that the company is considering laying off half of its workers. But Duncey’s outside counsel is confident that the major commercial customer does not have the authority to terminate the contract early, and is lobbying Duncey’s to file a lawsuit that could result in $10 million in damages. Outside counsel advises Duncey’s that the commercial customer has enough assets to satisfy a judgment. But Duncey’s board is concerned that it cannot afford the cost of long and protracted litigation. The Board knows that the commercial customer will hire the best law firm in the country to defend the case. Duncey’s outside counsel suggests Duncey’s uses a litigation funder who will cover the law firm’s fees and the litigation expenses. What factors should Duncey’s Board consider when deciding whether to use a litigation funder? Continue Reading Could Corporate Litigation Funding Change Lawsuits?
Just before her 80th birthday, Ernest (“Big Daddy”) Bux’s octogenarian Auntie Delusional (Auntie Del) died without a will or any other estate plan in place to give guidance to her husband (Uncle Tom) and their two adult children. “Who needs one?” was her retort for decades. And, “Wills are so over-rated.” Was Auntie Del right? Is a will or other estate planning really necessary?
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?
Last month, Jim Duncey, the majority owner and face of Duncey’s Caps, Inc., was involved in a car accident and arrested for DWI. Facing a PR crisis Duncey’s board of directors called an emergency meeting. The board implemented its crisis plan, issued a statement condemning driving while intoxicated, suspended Duncey, ordered him to attend rehabilitation, and made a $100,000 donation to MADD.
While the company survived the initial PR crisis, its bottom line did not. Retail sales during the following quarter were down 20%. One of the company’s major commercial customers also terminated its contract that produced $3 million in revenue annually. To make matters worse, the board’s private investigator discovered that Duncey had previously been arrested for DWI three years earlier while on vacation in another state, but had managed to keep it quiet. Does the company have any legal remedies against Duncey on top of terminating him? Should the company seek those remedies? Continue Reading The Calm After the PR Storm: Recovering Damages from the Offender
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?
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
Last month’s back-and-forth between the United States and China resulted in a flurry of proclamations establishing tariffs on imports from the respective countries. We’re here to help boil it down so you know whether your business is directly or indirectly impacted. Continue Reading Is Your Business Impacted by Tariffs?