June 22, 2015
For individual and small business clients of the Finney Law Firm, brace yourselves. Anything other than the simplest litigation involving disputes of under $50,000 are difficult to resolve in a fashion advantageous to the client. Even cases under $100,000 can be tough to resolve economically. This is because the cost and aggravation of litigation, along with … Continue reading Navigating turbulent waters: The economics of litigating low-dollar claims →
By Christopher P. Finney
In litigation, the reality of many business disputes is that neither party is 100% in the right, or 100% in the wrong, and, more importantly, even for the cases we believe passionately in, Judges tend to view them in more tempered terms than clients and their paid advocates. Typically when Finney Law Firm atorneys meet with a client for … Continue reading Navigating turbulent waters: It’s not all black and white for judges →
By Christopher P. Finney
When a client is being sued, it is important to fully explore all defenses available to them, but many times litigants and their counsel fail to come to the table with clean hands. And in the right circumstances, that’s when you can turn the tables on your opponent. Indeed, the law requires that certain counterclaims claims are compulsory, … Continue reading Navigating turbulent waters: Turning the tables on your opponent →
By Christopher P. Finney
We explore the issues of insurers and indemnitors in these two previous articles: Navigating turbulent waters: Insurers and indemnitors (Part 1) >> Indemnities and Warranty Deeds: Open-ended access to your checkbook >> These blog entries primarily provide an understanding of indemnities from two different perspectives: That of the indemnitee (the person who is protected under an indemnity), and … Continue reading Navigating turbulent waters: Insurers and indemnitors (Part 2) →
By Christopher P. Finney
June 19, 2015
Many commercial contracts have provisions mandating binding arbitration of disputes. These contractual provisions have powerful consequences for the parties accepting them. As a matter of due process, under our legal system, everyone has access to the Courts for resolution of disputes, unless they have waived that right, for example, by agreeing to submit disputes to … Continue reading Arbitration — the first and last stop on the railroad →
By Christopher P. Finney
While Ohio law allows individuals to represent themselves in court (pro se), non-lawyers may not represent others. This prohibition extends to non-lawyers who are the sole member of a limited liability company or sole shareholder of a corporation. While for many small businesses there may seem to be no distinction between the sole shareholder/member and … Continue reading Dos and Don’t of Small Business: Legal Representation of LLCs, Corporations and Partnerships →
By Brian C. Shrive
If a tenant files for bankruptcy, an automatic stay goes into effect. The automatic stay immediately prohibits a landlord from taking any action against the tenant or its property. The landlord cannot send default notices, file or continue an eviction action, collect a judgment against the tenant, demand the payment of delinquent rent or other … Continue reading Landlord’s rights when a tenant files for bankruptcy →
By Isaac T. Heintz
September 3, 2014
It’s old news, as the law was enacted in 2000, but we are asked this from time to time: Are electronic signatures just as enforceable as physical or “inked” signatures? Yes. The Electronic Signatures in Global and National Commerce Act (ESIGN) passed in 2000 specifically proves that a contract or signature “may not be denied legal effect, validity, … Continue reading A reminder: Electronic signatures have same legal effect as inked documents →
By Christopher P. Finney
August 25, 2014
In construction projects, the question often arises as to when subcontractors are due payment from the general contractor. A disruption in the flow of payment from the owner to the general contractor, and then to the subcontractors is often the cause of litigation in construction disputes. In entering into a contract to provide services to … Continue reading “Pay-If-Paid” and “Pay-When-Paid” Clauses in Construction Contracts →
By Bradley M. Gibson
July 21, 2014
It’s fun to turn a losing case into a winner. The Ohio Real Estate Recovery Fund (O.R.C. Section 4735.12) has the potential of taking a case that can’t be “won,” because the client can’t collect against the defendant, into a “winner” by accessing this special professional indemnity pool. A plaintiff client who has a claim against … Continue reading Turning a losing case into a winner: accessing the Ohio Real Estate Recovery Fund →
By Christopher P. Finney
