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Important Considerations Before Launching a Lawsuit

Lawsuit ChecklistIn deciding whether or not to sue there are three important considerations, and without all three a lawsuit generally cannot succeed: (1) there must be a liability (or a basis for getting relief); (2) there must be damages (and under New York law damages are sometimes not easy to prove and may require expert testimony unless it is plain and easy to calculate); and (3) there must be a “pocket” or source of funds from the parties who are liable for the damages, to pay a judgment.

Many people commence lawsuits without having all three factors in mind. If you don’t have at least two of the three factors clearly defined in your mind — and at least a reasonable chance that the third factor exists — usually the lawsuit should not be brought. Continue reading “Important Considerations Before Launching a Lawsuit”

The Health Care Reform Law — Is Your Practice at Risk?

Health Care Reform LawThe Health Care Reform Law commits the government to more aggressive efforts to find and prosecute Medicare fraud. Under the new law, funding will be increased to aid those efforts. The number of Medicare Fraud investigative offices across the country will double, so the agency will have the people and resources to address this serious problem. Continue reading “The Health Care Reform Law — Is Your Practice at Risk?”

When One Size Does NOT Fit All for Business Start Up

Square Peg in a Round Hole

Sure there are some times when one size can fit all. Tents, for example. Bathrobes. Umbrellas. But when it comes to starting a business, it really doesn’t work that way.

If you’re a restaurant, or a dry cleaner, or some other kind of business that requires people to walk in your front door all the time, location is the most important consideration.

But what if you’re a wholesaler of electronic parts? If your marketing plan or sales force are good enough, you can be anywhere. Continue reading “When One Size Does NOT Fit All for Business Start Up”

Goldman Sachs, Paulson and the SEC

 Goldman SachsThe recent fraud allegations against Goldy for their scheme with John Paulson are enough to turn one’s stomach. It’s not really any different than a coach betting on the opposing team and then playing only his second- and third-string players.

The big question is whether the Senate will maintain the attitude it showed during its grilling of Goldman CEO Lloyd Blankfein, or will the passage of time, and the replacement in the minds of the public by other stories, cause a reversion to business as usual. Continue reading “Goldman Sachs, Paulson and the SEC”