You may remember Dateless Dan from a couple of months ago. In a series of TV ads Dateless saw two beautiful women come to life in front of two truck drivers who were drinking Buzzard Breath beer. Dateless Dan was shocked when, after drinking a case of the beer, the two women failed to materialize.
Legal Risk Management
Who’s Responsible for “Acts of Nature?”
Sara Subcontractor was hired by Jerry General Contractor to construct four masonry walls for the Citizen Canine dog kennel. Prior to construction, the parties signed a contract and agreed that Sara Subcontractor would be paid $100,000 upon the erection of the 4 walls. After erecting three of the walls, a freak tornado blows through the…
Managing Lawsuit Risk
New Year’s Resolutions. Like the rest of the country did you personally resolve to get fit, lose weight, drink less, manage your debt better or get organized? What about your business life? In a slight departure from our usual monthly banter, Tilting the Scales offers 6 business resolutions (we resolved to come up with 10…
The benefit of crisis communication plans
Hogeye County Sheriff Zukie Bonnett helped upright a Slyme-Yu Haulers sludge truck yesterday. It overturned in front of the local elementary school and several tons of waste solids from the Yellow River wastewater treatment plant spilled onto the children’s playground. The spill was caught on video and is now on TheyTube, an internet video site.…
Litigious Lessees and Other Customers
The newspapers recently reported the story of woman who filed suit seeking a $100,000+ recovery from her landlord and former neighbor for damages allegedly caused by cigarette smoke drifting through the adjoining walls of their upscale townhome. Sue Yu alleges that construction defects at the Tiffany Townhomes allowed Marilyn Marlboro’s (her neighbor) cigarette smoke to…
Crisis Response and Communications to the Press
Last Saturday afternoon Jaime Jaramillo, batting coach for the Irving Irrelevants, was pitching during batting practice when the Mountain Ranch practice facility collapsed on him. Several Irrelevant players and some twenty members of the media who were covering the practice were inside the facility with Jaime when it collapsed.
Initial media reports implicated Irrelevant management…
Complying with Bank Loans
A year ago Standup Stanley bought Hotel 8 Properties. Stan’s banker Betty Maekit-hapen was able to get him the purchase money and an operating line of credit loan from DaytonaMac Bank. Hotel 8 was able to use its valuable Arizona real estate and cash flow as collateral without Stan’s personal liability so long as Hotel…
Returning Preferential Payments to the Bankruptcy Court
Recently Cash Crash met a CFO of a large computer software company on a plane. The CFO was beaming because he just collected a $1 million receivable from GIA – money that would not have been paid without the economic bailout. Cash Crash asked the CFO if he considered the possibility that his money may…
Avoiding Email Contracts
In response to our “You’ve Got MAIL, AND a Contract?!” blog posting in May, one of our favorite Tilting readers asked for any tips on avoiding an e-mail signature that creates a written agreement.
Disclaiming Signatures. The Tilting team is not aware of any authoritative recommendation for language disclaiming the creation of an enforceable contract…