The Business Bar: Contingency and Commercial Law

thebusinessbar

The Business Bar: Contingency and Commercial Law is a podcast dedicated to exploring the intricacies of contingency and commercial law. Hosted by Lisa Mosbey, the show features conversations with legal experts who provide insights into high-stakes commercial disputes, business breakups, and complex litigation. Designed for business owners, entrepreneurs, and legal enthusiasts, the podcast aims to demystify legal processes and offer practical advice for navigating legal challenges. With a focus on clarity and actionable insights, The Business Bar: Contingency and Commercial Law empowers listeners to make informed decisions in the legal arena.

Episodes

  1. 6d ago

    Contracts and Their Enforceability: What Actually Holds Up in a Business Dispute?

    Episode Summary:  In this episode of The Business Bar: Contingency and Commercial Law, host Lisa Mosbey sits down with Gary August, founder of August Law, to delve into the intricacies of contract enforceability. Gary, a seasoned business litigator, shares his expertise on what makes a contract enforceable, emphasizing the importance of offer, acceptance, consideration, and legal purpose.  The discussion highlights common pitfalls businesses face, such as relying on oral agreements and the risks of vague contract terms. Gary explains how courts interpret contracts and the role of enforceability disputes in litigation strategy. He also discusses force majeure clauses and their relevance in unforeseen circumstances like COVID-19. Listeners will gain valuable insights into crafting clear contracts and the significance of legal counsel in avoiding costly disputes. Key Timestamps: 00:01 – Introduction 00:40 – Essentials of Contract Enforceability 01:09 – Validity of Oral Contracts 01:32 – Discovering Contract Discrepancies 02:08 – Enforceability of Poorly Drafted Contracts 03:09 – Common Disputes in Contract Terms 04:22 – Risks of Informal Agreements 05:12 – Impact of Side Agreements in Litigation 06:17 – Verbal Changes to Contracts 08:21 – Enforceability Disputes and Business Strategy 09:18 – Bad Business Results from Enforceable Contracts 12:06 – Force Majeure Clauses Explained 14:22 – COVID-19 and Construction Contracts 15:18 – Illegal Contracts and Enforceability About the Show:  The Business Bar: Contingency and Commercial Law is a podcast dedicated to exploring the nuances of contingency and commercial law. Hosted by Lisa Mosbey, the show features in-depth conversations with legal experts like Gary August, offering insights into high-stakes commercial disputes, contract law, and litigation strategies.  Designed for business owners, legal professionals, and anyone interested in the legal landscape, the podcast aims to demystify complex legal topics with clarity and practical advice. Whether you're navigating business breakups or drafting contracts, The Business Bar: Contingency and Commercial Law provides the knowledge you need to make informed legal decisions. For more information, visit our website: www.august-law.com

    Contracts and Their Enforceability: What Actually Holds Up in a Business Dispute?
  2. Oct 19

    Business Mediation: Does The Choice of Mediator Matter?

    Episode Summary: In this episode of The Business Bar: Contingency and Commercial Law, host Lisa Mosbey sits down with Gary August, founder of August Law, to delve into the intricacies of mediation in business disputes. They explore the critical role of mediator selection and how the mediator's skills can significantly influence the outcome of a case. Gary shares insights on the importance of communication facilitation over subject matter expertise, recounting personal experiences where mediators either bridged the gap or widened it between parties.  The discussion emphasizes the strategic differences between preparing for mediation versus court, highlighting the negotiation aspect of mediation. Listeners will gain valuable knowledge on how to approach mediation effectively, ensuring it serves as a meaningful tool for resolution rather than an expensive formality. Key Timestamps: 00:01 – Introduction 0:42 – Purpose of Mediation in Business Disputes 1:28 – Questions to Ask When a Mediator is Proposed 2:10 – Mediator's Influence on Case Outcome 3:15 – Qualities of an Effective Mediator 3:53 – Importance of Industry Knowledge for Mediators 5:02 – Consequences of a Poor Mediator Fit 6:34 – Can You Change a Mediator? 7:38 – When Mediation is Effective vs. Ineffective 8:48 – Preparing for Mediation vs. Court 10:00 – Impactful Mediation Examples 12:16 – Conclusion and Thank You About the Show: The Business Bar: Contingency and Commercial Law is a podcast dedicated to exploring the complexities of contingency and commercial law. Hosted by Lisa Mosbey, the show features insightful conversations with legal experts like Gary August, offering listeners a deep dive into topics such as mediation, litigation, and dispute resolution.  Designed for business owners, legal professionals, and anyone interested in the legal landscape, the podcast provides practical advice and strategies to navigate high-stakes commercial disputes. With a focus on clarity and actionable insights, The Business Bar: Contingency and Commercial Law aims to empower its audience with the knowledge needed to make informed legal decisions. For more information, visit our website:  www.august-law.com

    Business Mediation: Does The Choice of Mediator Matter?
  3. Sep 22

    Arbitration in Business Disputes: Why Companies Sometimes Wish They Had Gone to Court

    Episode Summary:  In this episode of The Business Bar: Contingency and Commercial Law, host Lisa Mosbey sits down with Gary August, founder of August Law, to explore the intricacies of arbitration in business contracts. Gary, a seasoned business litigator in Michigan and Florida, delves into why businesses often include arbitration clauses and the misconceptions surrounding them. He explains that while arbitration is perceived as a cheaper and quicker alternative to court proceedings, it often surprises companies with high costs and limited appeal rights.  Gary shares a compelling case where the arbitration process led to a surprising outcome, highlighting the importance of understanding the arbitration landscape before committing to it. This episode is essential for business owners and legal professionals looking to navigate the complexities of arbitration and make informed decisions about dispute resolution. Key Timestamps: 00:01 – Introduction 00:25 – Why Businesses Choose Arbitration 00:39 – Common Misconceptions About Arbitration 01:29 – Surprises in Arbitration Costs 02:11 – The Role of ADR Organizations 03:13 – Arbitrator's Influence and Power 04:51 – Limited Appeal Rights in Arbitration 05:55 – When Arbitration Makes Sense 06:21 – Courtroom vs. Arbitration: A Comparison 06:27 – Case Study: Impact of Arbitration on Strategy 08:11 – Advice for Businesses Considering Arbitration 09:08 – Importance of Consulting a Litigator About the Show:  The Business Bar: Contingency and Commercial Law is a podcast dedicated to unraveling the complexities of business litigation and dispute resolution. Hosted by Lisa Mosbey, the show features expert insights from legal professionals like Gary August, who share their experiences and strategies in handling high-stakes commercial disputes. Whether you're a business owner, legal practitioner, or simply interested in the intricacies of business law, this podcast provides valuable knowledge and practical advice to help you navigate the legal landscape with confidence. For more information, visit our website: www.august-law.com

    Arbitration in Business Disputes: Why Companies Sometimes Wish They Had Gone to Court
  4. Sep 8

    Collectability Is an Issue: When Is a Business Lawsuit Worth Pursuing?

    Episode Summary:  In this episode of The Business Bar: Contingency and Commercial Law, host Lisa Mosbey is joined by Gary August, founder of August Law and an experienced business litigator in Michigan and Florida. Gary shares insights into the critical factors businesses must consider before pursuing litigation: liability, damages, and collectability. He explains how these elements determine the viability and potential success of a lawsuit. Gary discusses real-world examples, including cases involving General Motors and a major oil spill, to illustrate the complexities of litigation and the importance of strategic decision-making. Listeners will gain valuable knowledge on how to assess the merits of a legal dispute and the importance of consulting with an experienced attorney to navigate the legal landscape effectively. Key Timestamps: 00:01 – Introduction 00:35 – Gary August's Path to Business Litigation 01:23 – Evaluating a Strong Case for Litigation 02:30 – Understanding Collectability 03:14 – Real-World Example: General Motors Case 04:27 – Aggressive vs. Strategic Legal Strategies 05:33 – Business Realities vs. Legal Claims 07:01 – Final Advice on Pursuing Litigation 08:05 – What a Consultation Looks Like About the Show:  The Business Bar: Contingency and Commercial Law is a podcast dedicated to exploring the intricacies of contingency and commercial law. Hosted by Lisa Mosbey, the show features conversations with legal experts who provide insights into high-stakes commercial disputes, business breakups, and complex litigation. Designed for business owners, entrepreneurs, and legal enthusiasts, the podcast aims to demystify legal processes and offer practical advice for navigating legal challenges. With a focus on clarity and actionable insights, The Business Bar: Contingency and Commercial Law empowers listeners to make informed decisions in the legal arena. For more information, visit our website: www.august-law.com

    Collectability Is an Issue: When Is a Business Lawsuit Worth Pursuing?

About

The Business Bar: Contingency and Commercial Law is a podcast dedicated to exploring the intricacies of contingency and commercial law. Hosted by Lisa Mosbey, the show features conversations with legal experts who provide insights into high-stakes commercial disputes, business breakups, and complex litigation. Designed for business owners, entrepreneurs, and legal enthusiasts, the podcast aims to demystify legal processes and offer practical advice for navigating legal challenges. With a focus on clarity and actionable insights, The Business Bar: Contingency and Commercial Law empowers listeners to make informed decisions in the legal arena.