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Recent Posts by Peter Berlin

Arbitration – Pro’s & Con’s

Arbitration is an alternative to court proceedings for legal disputes between parties. The parties to a contract agree to arbitration beforehand in the event of a dispute and select a private arbitrator or arbitration provider to resolve a dispute if one arises. Many are familiar with court litigation. The process can be lengthy, time-consuming and…
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INTERNET & ECOMMERCE – What to Look out for

Every business that sells a product or service on the Internet must take a proactive approach to operate within established legal guidelines in the world of electronic commerce. There are an array of factors, agreements, and issues to consider when selling online. Substantive concerns include Internet website agreements, consumer privacy and data security, and Internet…
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What are you Buying? Stock Purchase v. Asset Purchase Agreements

Clients frequently get confused about the difference between a stock and an asset purchase agreement. It is important to consult with an experienced corporate attorney who can explain the difference between the two and who can advise the best fit for your company’s needs. Let’s look at the distinctions. There is a significant difference between…
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Deposition testimony is given under oath and used to obtain facts and information in the “discovery” stage of a litigation dispute. Depositions are routine in the civil and business litigation context. Depositions can be of the parties to the lawsuit, third-party witnesses, or experts rendering an opinion on the case. Although informal and usually held…
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Copyrights & Trademarks

With rapid advances in technology comes the need to protect, secure and police intellectual property rights, the currency in the digital marketplace. From artists to businesses, musicians to public figures, intellectual property rights create and protect brand identity and trade, safeguard new products and concepts and provide a source of income. Whether these works are…
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Shareholder Disputes

A dispute between the Company and a shareholder can cause significant tension and unrest. These types of disputes can take many forms related to company management, operations and dealings among shareholders and the company. These disputes include: • Shareholder actions against executive management; • Breach of fiduciary duty; • Minority shareholder rights; • Executive compensation…
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Contract Disputes

Whether business to business or between individuals, contracts are the basis of a business agreement that encourages confidence in a business relationship with another party. Business disputes often involve allegations of breach of contract. What is a Breach of Contract? A failure to perform on a contract altogether is less common than disputed claims, or…
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The excitement of starting a new business and preoccupation with practical business concerns frequently means owners overlook proper corporate formation and documentation. It is natural to be preoccupied with the company's products or services and to overlook basic formation and legal issues altogether. Before forming a new entity, the following requires consideration: •     …
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