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…
Articles Posted in Civil Lawsuit
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…
Where Have All the Gunslingers Gone?
by Michael Pezzulli1 In the United States, one of the great defining aspects of this country is the constitutional right to a jury trial. Nearly all-civil jury trials and ninety percent of criminal jury trials on the planet take place in the United States.2 The most stunning and successful experiment…
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…
Personal Property and Real Estate Foreclosure Laws in Texas
By Michael Pezzulli Business and Consumer Litigation Practice Skills Course presented to The State Bar of Texas, June 2016 Texas is extraordinarily lender-friendly when compared to other states. The ease with which a lender can gain title to a borrower’s real estate through nonjudicial foreclosure in Texas is unrivaled. Lenders…
An Ill Wind Blows Into Town: U.S. Supreme Court Rules State Courts Have Concurrent Jurisdiction Over RICO Claims
By Michael F. Pezzulli Discussion of the U.S. Supreme Court decision relating to concurrent jurisdiction in Racketeer Influenced Corrupt Organizations (RICO) claims. Presented to Dallas Bar Association, Business Litigation Section. Federal courts are turning increasing attention to the continuity of the pattern of racketeering activity. The United States Supreme Court…