Jeffrey W. Puryear WOMACK, LANDIS, PHELPS & McNEILL Business formation/entities Corporations, LLC’s, partnerships, sole- proprietorship Acquisitions and mergers Businesses, property Addressing all the issues can be difficult Contracts E.g. materials/services, franchise agreement Do you know what they say and mean? Bankruptcy You lose twice Employment and labor issues Hiring, promotion and termination – EEOC claims Policies and procedures Social media and websites Covenants not to compete Immigration Litigation is at an all time high Tort claims Deceptive trade practices Aided by computers and technology ▪ “Deleted files” – oxymoron Punitive damages Negligence case – auto accident on campus Elements: Duty of care ▪ Reasonable conduct ▪ Traffic laws/statutes Was there a violation of the duty Proximate cause – “but for” Resulting damages Defenses Negligence/fault/conduct of the plaintiff Learn your business Ask about risks and liabilities in your industry Use time and resources today to save in the future Don’t be surprised by events Use good business judgment If it “sounds too good to be true,” it probably is Keep good documentation and records Correcting a mistake is the right thing to do Litigation is very expensive Adverse verdicts, attorney’s fees and costs Principles – and proving them – are not cheap We need all the facts and documents can be especially difficult for organizations Destroying evidence is costly A settlement is good business Best of times Achieving a good result – especially in short order Constant education and learning Travel/exposure to new places Successful jury trials Worst days Unethical and unprofessional lawyers The law appears to be in favor of your client but the judge rules otherwise Unsuccessful jury trials Jeffrey W. Puryear WOMACK, LANDIS, PHELPS & McNEILL