The Option of Impossibility – Alternatives to Force Majeure

Did you fail to specify “pandemic” or “disease” in your force majeure clause?  Or fail to include a force majeure clause altogether in your contract? Should you have foreseen the impact of COVID-19? The language of contracts will likely be changed forever in the wake of the pandemic’s disruption to businesses. While the courts will weigh … Read more

Over 2,500 Guides and Local Rules Updated

While we are still early in the year, 2020 has already brought many changes to court rules. In fact, over two-thousand guides and citations have been updated since January 1st. Whether you are filing in the California Superior Courts, New York’s Supreme Courts or in any number of jurisdictions in between, SmartRules keeps you up … Read more

What is the Difference Between Fraud and Theft?

From the infamous college admissions scandal which made headlines last week to the woes of failed bio-tech giant Theranos, we are hearing and reading about the term “fraud” more and more frequently in the news. But what exactly does it mean from a legal standpoint? Is paying to play at an Ivy league school the same type of fraud as misleading investors and patients regarding cutting edge blood sampling equipment?

“Fraud is a crime that many people equate with theft, but there is a distinction. There is also a distinction between criminal fraud and civil fraud,” write Bochetto & Lentz in the blog post Criminal Fraud versus Civil Fraud: What’s the difference?

Read moreWhat is the Difference Between Fraud and Theft?