Category Commercial Litigation

Handling Less Than “Full Payment” Checks in New York

by Bryan Lane Berson, Esq.  Suppose a customer owes a vendor $75,000, but he gives a check for $50,000 and the memorandum says “full payment.” The “full payment” notation is a “restrictive endorsement.” Perhaps the customer is playing a stealthy trick. Perhaps he genuinely believes he owes $50,000. Regardless, the check is $25,000 short, and […]

Building Conflict Competence: Improve Conflict Resolution & Workplace Mediation

by Bryan Lane Berson, Esq.  An organization should multiply individuals’ efforts. Personnel create goods and services, and customers transform them into revenues by purchasing them. Viewed as a supply-chain, departments within an organization are consumers of other departments’ products. Feuds, politics, and turf wars waste effort and distract personnel from serving customers and generating revenue. […]

Mitigating the Risk of Discrimination Lawsuits

by Bryan Lane Berson, Esq.  For many years, the federal and state governments have had legislation with the stated goal of preventing employment discrimination.  They created departments to investigate and prosecute allegations, which can be damaging – even if they are determined to be false.  Regulations against discrimination are complex.  Many are not intuitive.  Employers […]

Both Sides Can Win Through Mediation

by Bryan Lane Berson, Esq. “People began to feel that they could consult with me with some safety and without the danger of being involved needlessly in long and costly litigation in court….I suppose that they were more reasonable than other clients, for they usually settled their differences out of court.” – Calvin Coolidge Business […]