1. Jeffrey W. Puryear WOMACK, LANDIS, PHELPS & McNEILL

2.  Business formation/entities  Corporations, LLC’s, partnerships, sole- proprietorship  Acquisitions and mergers  Businesses, property  Addressing all the issues can be difficult

3.  Contracts  E.g. materials/services, franchise agreement  Do you know what they say and mean?  Bankruptcy  You lose twice

4.  Employment and labor issues  Hiring, promotion and termination – EEOC claims  Policies and procedures  Social media and websites  Covenants not to compete  Immigration

5.  Litigation is at an all time high  Tort claims  Deceptive trade practices  Aided by computers and technology ▪ “Deleted files” – oxymoron  Punitive damages

6.  Negligence case – auto accident on campus  Elements:  Duty of care ▪ Reasonable conduct ▪ Traffic laws/statutes  Was there a violation of the duty  Proximate cause – “but for”  Resulting damages  Defenses  Negligence/fault/conduct of the plaintiff

7.  Learn your business  Ask about risks and liabilities in your industry  Use time and resources today to save in the future  Don’t be surprised by events  Use good business judgment  If it “sounds too good to be true,” it probably is  Keep good documentation and records

8.  Correcting a mistake is the right thing to do  Litigation is very expensive  Adverse verdicts, attorney’s fees and costs  Principles – and proving them – are not cheap  We need all the facts and documents  can be especially difficult for organizations  Destroying evidence is costly  A settlement is good business

9.  Best of times  Achieving a good result – especially in short order  Constant education and learning  Travel/exposure to new places  Successful jury trials  Worst days  Unethical and unprofessional lawyers  The law appears to be in favor of your client but the judge rules otherwise  Unsuccessful jury trials

11. Jeffrey W. Puryear WOMACK, LANDIS, PHELPS & McNEILL