Michael Pezzulli conducted a live webinar for the State Bar of Texas on a popular topic, “Criminal Law and Civil Litigators: A Review of Three Little Known Federal Statutes and Parallel Prosecution” in March 2019. Attorneys with civil audit cases with a potential risk of criminal prosecution need to be…
Articles Posted in Business Ethics
The Great Razor Wars: How long should a razor blade really last?
by Michael Pezzulli You don’t have to wait on the razor wars to end to have a sharp blade. I’m sure most of you have seen the great ongoing patent litigation war between Gillette – of the consumer products giant Procter & Gamble – and the Dollar Shave Club. Gillette…
Cash Is King … Sometimes
by Michael Pezzulli The phrase “Cash is King” evokes warm feelings from most people in the business world. However, anyone engaged in business must understand that failing to follow the rules imposed by the U.S. federal government will create a situation where cash is definitely not king. How you handle…
It’s in the Vault! Attorney-Client Privilege
by Michael Pezzulli When consulting with an attorney, how can a client feel secure from having sensitive and critical information falling into the wrong hands? When a business person is confronted with an array of technical advisors, consultants and outside experts, it may be worth its weight in gold to…
Patent Trolls and The Innovation Act
by Michael Pezzulli1 In an earlier article, I discussed why Patent Trolling has been problematic for so many in the patent ecosystem. Fortunately, help may be on the horizon. Currently there is a bill in the U.S. Congress called the “Innovation Act.”2 The Innovation Act is significant in that it…
The New Plague, Patent Trolls
by Michael Pezzulli 1 Trolls can be first seen in Norse folklore, focused mainly in the early Scandinavian countries that the Vikings had total control over—such as Norway and Sweden. The word “troll” actually evolved over time and wasn’t the first name of this type of creature. In the Scandinavian…
A Practical Guide to Presenting and Defending a Spoliation of Evidence Case
By Michael F. Pezzulli and Charles J. Fortunato 2016 American Bar Association Annual Meeting, Tort & Insurance Section Spoliation of evidence seems to be on the rise. But the emergence of case law on the subject has made it easier to identify and address the problem. What is spoliation of…
Criminal Law and Civil Litigators: A Review of Three Little Known Federal Statutes and Parallel Prosecution
By Michael Pezzulli and Charles J. Fortunado State Bar of Texas: Advanced Creditors’ Rights presentation – September, 1996 In the past ten years, the gulf between criminal practice and civil practice has narrowed considerably.There are several causes for this. One is the explosion of white collar criminal litigation. More pervasive…
The Self-Defense Exception to the Attorney’s Ethical Obligation to Maintain Client Confidences
by Michael F. Pezzulli Attorney-Client Privilege in Civil Litigation, 2nd Edition 1997 – American Bar Association Analysis of the attorney’s obligations and rights relating to attorney client privilege when sued. Attorneys operate under a broad ethical mandate not to disclose client confidences. This ethical obligation can apply to communications made…
Presenting Evidence in Texas Litigation: Tactical Use of Discovery and Claims of Privilege As a Sword and a Shield
By Michael Pezzulli and Charles J. Fortunado Advanced Evidence and Discovery: Presented to the State Bar of Texas An uncritical reading of the various opinions dealing with the use of discovery in litigation as “a sword and a shield” might conclude that it cannot be done. Notwithstanding the substantial body…