Dan's Desk (2)

Dan's Desk

February 29 - Leap Day!!!

03/05/2024 February 29 - Leap Day!!! February 29 th came and went. What did you do with the extra day? I think that with how many "holidays" we observe, the 29 th should be a mandatory…

Beware the Equities

02/21/2024 Beware the Equities Equitable claims are different than legal claims. In certain ways, they are more perilous.

Gallatin Law Prevails at Trial on Slander of Title Claim

01/24/2024 Gallatin Law Prevails at Trial on Slander of Title Claim Slander of title is a very difficult claim to prevail on at trial. It requires proving that the filing party knowingly overstated a lien amount and…

2024: Musical Notes for the Calendar Flip

01/03/2024 2024: Musical Notes for the Calendar Flip I do not make resolutions as part of the new year. I think those sorts of things can be helpful for a starting point, but a flip of the calendar just…

The Easiest Way to Get Smarter

12/13/2023 The Easiest Way to Get Smarter There are so, so many ways to get smarter. Read, study, live, experience -- they all help and are avenues to gaining smarts. Another way, and one of…

Exculpatory Clauses

12/06/2023 Exculpatory Clauses Exculpatory clause in a contract: we don't have to pay you if you sustain damages. Simple enough? It sure is. Does such a a clause work? It sure does.

Arbitration vs. Litigation

11/15/2023 Arbitration vs. Litigation An astounding arbitration award is the subject of one appellate opinion issued this week. It seems more common for extraordinary arbitration awards…

Past Statements versus Current Actions

11/08/2023 Past Statements versus Current Actions The massive criminal trial wrapping up involving Sam Bankman-Fried is on my mind but not for the typical reasons. He's the head (former, more aptly)…

Past Statements versus Current Actions

11/02/2023 Past Statements versus Current Actions Trust is a most delicate thing. Sometimes your instincts tell you to trust someone; you can't explain why but you sense it. Sometimes your instincts…