Civil Lawsuit

Cash Is King … Sometimes

August 10, 2016 | The Law Office of Michael F. Pezzulli, PLLC

stacks of cash describing the Banking Secrecy Act
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 cash can define whether you are a law-abiding citizen or are guilty of a federal crime. Whether your money was earned honestly is irrelevant. What really matters is how you deposit or withdraw your money at your local bank.

It’s in the Vault! Attorney-Client Privilege

July 20, 2016 | The Law Office of Michael F. Pezzulli, PLLC

bank 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 bring an attorney on board who can cloak the communications inside the veil of the attorney client privilege.

Ancient and Honorable

Where Have All the Gunslingers Gone?

June 19, 2016 | The Law Office of Michael F. Pezzulli, PLLC

cowboy hat and gun
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 in direct popular sovereignty in all history is the American jury. Properly constrained by its duty to follow the law, the requirement of jury unanimity, and evidentiary rules, the American jury has served the republic well for over two hundred years. It is the New England town meeting writ large. It is as American as rock ‘n’ roll.

Patent Trolls and The Innovation Act

June 30, 2015 | The Law Office of Michael F. Pezzulli, PLLC

Patent Trolls and the U.S. 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 directs a party alleging patent infringement in a civil action to include in the court pleadings, if the information is reasonably accessible. It specifies details concerning:

The New Plague, Patent Trolls

May 30, 2015 | The Law Office of Michael F. Pezzulli, PLLC

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 languages, the word is actually a root for just about everything mystical and magical. “Trolleri” was considered to be a type of magic that was intended to harm others and is probably the primary source for the term “troll” for these mythological creatures were considered to be particularly malignant, especially toward humans, in stories from folklore.²

Sadly, the Troll has crawled out from under the bridge and has firmly attached itself to Patent Litigation; however, it has never lost its malignant nature, especially towards humans and the innovation industry. This malignancy has continued to spread throughout the United States. “The number of patent lawsuits filed spiked by almost 30% in 2012 to over 5,000, with some of that increase attributed to the AIA’s ‘anti-joinder’ provision…. Patent infringement litigation shows no signs of cooling off, either as a means of generating revenue or of protecting competitive advantages.”³

A Practical Guide to Presenting and Defending a Spoliation of Evidence Case

July 1, 1998 | The Law Office of Michael F. Pezzulli, PLLC

By Michael F. Pezzulli and Charles J. Fortunato Spoliation of Evidence

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.

Criminal Law and Civil Litigators: A Review of Three Little Known Federal Statutes and Parallel Prosecution

September 1, 1996 | The Law Office of Michael F. Pezzulli, PLLC

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 use of forfeiture statutes in the pursuit of attorney’s fees has also served to bring civil litigators under the purview of criminal law. The savings and loan and drug crises have also done their part to bring civil litigators’ conduct under scrutiny of criminal statutes.

The Self-Defense Exception to the Attorney’s Ethical Obligation to Maintain Client Confidences

September 1, 1996 | The Law Office of Michael F. Pezzulli, PLLC

by Michael F. Pezzulli

couple meeting with lawyer 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 prior to the establishment of an attorney-client relationship and survives the death of the client. It is broader than the attorney-client evidentiary privilege. As incorporated into virtually all codes of professional responsibility, there is an exception to the rule allowing an attorney

Personal Property and Real Estate Foreclosure Laws in Texas

May 16, 1990 | The Law Office of Michael F. Pezzulli, PLLC

man holding house keys
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.

An Ill Wind Blows Into Town: U.S. Supreme Court Rules State Courts Have Concurrent Jurisdiction Over RICO Claims

April 10, 1990 | The Law Office of Michael F. Pezzulli, PLLC

dark shadows on wall
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 unanimously ruled in a 1990 case that state courts have concurrent jurisdiction over RICO claims.