Sierra Crest Business Law - February 2026

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February 2026

A Better Future After the Fight UNDERSTANDING THE COST OF CONFLICT

With Presidents’ Day this month, February often brings Abraham Lincoln to the forefront of my mind. This year, I found myself rereading accounts of The Gettysburg

Once a client understands how the process works, the next step is to discuss what is worth fighting for. Very few people have the money or patience to fight every issue. To move a dispute toward resolution, something

Address. What struck me, again, is how odd that day was by modern standards. Lincoln was not the main speaker. Another orator spoke for close to two hours. Lincoln stood up afterward, spoke for just a few minutes, and sat down. Some newspapers on his side of the aisle praised it. Some on the other side

has to give. That might be speed instead of vindication, cash instead of control, a quieter settlement instead of a public showdown, or maintaining a business’s health instead of proving a point. Part

of my job is sorting out which of those matters most and which can be set aside. That is where the idea of a “better future” becomes useful. When I sit down with someone, I want to hear what life looks like once the case is over. Do they want out of a business relationship as soon as possible? Do they want clearer rules for doing business together? Is the real concern money,

panned it. At the time, no one agreed it was a great speech.

The thing that stays with me now is the choice he made. Lincoln didn’t try to match the length or volume of the main address. He kept his remarks short and focused. He was not trying to win the day as a performer. He was trying to point people toward a very hard truth and a better future simultaneously. That’s where the

reputation, or simply being able to sleep at night again? When that picture gets clearer, the legal options start to sort themselves out. Sometimes, that involves full litigation. For other clients, it involves mediation or negotiation. There’s no one correct answer for how to move forward. However, there is an answer that a particular client can live with, given the trade-offs.

“brutal math” comes in. The cost of the war was not abstract. Lincoln knew he was asking people to keep paying in blood and grief. He couldn’t pretend otherwise. The higher purpose of the speech only meant something because he was honest about the price.

My hope, when I am doing this work well, is that I am not just arguing about the past. I am being honest about the trade-offs, helping clients describe the future they want, and walking with them as they move in that direction.

On a much smaller scale, I see something similar in business disputes. Litigation has its own brutal math. There is the money it takes to move a case forward. There is time in discovery and motion practice before anyone in authority actually weighs in. And then there’s the uncertainty that remains, even after all of that effort. Part of my job is to help clients see the structure clearly so they understand the cost of every choice before deciding how far they want to go.

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SECRETS OF THE SILENT FILM AGE Silver Screen Speed

Contrary to what the surviving films may suggest, people didn’t move faster during the earliest years of cinema. If you watch an old silent film from decades past, it may appear as though someone’s holding down the “fast- forward” button. Movements seem exaggerated and hyper-fast, bombarding our eyes with visuals that are as surreal as they are comical. However, nothing is wrong with your senses. These films were created this way, and the reasons behind their quicker momentum are an intriguing mix of technology, commerce, and the inventive minds of maverick film directors. Fleeting Frames of Fantasy Here’s a fun fact: Whether we watch a film from a century ago or one released last week, we’re not actually seeing real movement on screen. Instead, we’re viewing a succession of images presented rapidly enough to give us the impression that

someone (or something) is in motion. This technique is called frames per second (fps). One of the earliest pioneers in film, the legendary inventor Thomas Edison, determined that movies ideally needed to be shot at 46 fps or more to produce convincing on-screen movement. However, early filmmakers often faced financial restraints with film stock, causing them to shoot many movies at 12 or 16 fps. As technology advanced over the years, the speed of these primitive films increased considerably when played on more modern equipment. The Cinematic Cranking Craze While most view it today as a retired relic of a bygone era, the Bell and Howell 2709 movie camera was all the rage in the 1920s. Considered revolutionary at the time, the hand-cranked machine enabled users to shoot at varying speeds based on the number of cranks per minute. “Ben-Hur:

A Tale of the Christ” (1925) and Charlie Chaplin’s “The Gold Rush” (1925) were among the movies shot with a 2709. The technology allowed directors to order camera operators to either slow down or speed up their cranking for dramatic effect. From there, the movies would hit theaters, where they’d often appear to move even faster . For example, something shot at 16 fps would appear sped up when shown through projectors running at a quicker pace. In fact, theaters loved to project films at very high speeds, as faster films meant quicker showings, enabling them to sell more tickets per day.

KEYS TO RAISING CRITICAL THINKERS PUZZLES AND PATIENCE

In a culture overwhelmed by algorithms and conflicting media sources, critical thinking is more important than ever. This is especially true of young children, many of whom will become our future CEOs, writers, and world leaders. Here are two simple ways parents can help their little ones develop the thinking skills they’ll need to thrive through life’s challenges. Questions kindle thoughtful truths. Whether you’re raising a young child for the first time or are a veteran grandparent who’s

done it all, you can surely recall moments when a little one hit you with a barrage of questions that tested your patience. Few people would fault you for rushing through your answers to satisfy your tiny inquisitor when stressed, but regularly questioning things is a sign of a critical thinker. Whenever possible, take the time to lean into your child’s questions. Instead of simply giving them an answer, ask them their thoughts about the information you’ve provided. Rather than asking them questions that could be answered with a simple yes or no, prompt them with open-ended ones that will strengthen their reasoning skills and prompt them to consider a topic more deeply. Small struggles make stronger minds. As parents, we want to answer our children’s questions and find solutions to all their problems. While some situations

will always require our intervention (such as a medical emergency), it’s sometimes best to allow kids to find their own path to solving dilemmas or discovering answers. Board games, puzzles, building blocks, and even role-playing games with friends can foster stronger thinking skills, so allow your children plenty of time to engage in activities that expand their minds while they’re having fun. When you see your child struggle to figure out how to complete a playtime task, pause before jumping in to help. Giving them room to sort out the issue instead of immediately coming to their aid will help them think and problem-solve more independently. When we practice patience and give children space to explore the world in their own way, we nurture curious, confident thinkers who are ready for whatever life brings.

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BRAIN GAMES

A Sweet Swindle? The Case of the Skimpy Snack

SOLUTION

The concept of “shrinkflation” may be gaining ground in light of today’s economy, but it’s nothing new. In fact, nearly a decade ago, the thought of companies reducing the amount of product available in each sale while charging the same price hit one Midwestern man right in his sweet tooth. In 2017, Robert Bratton of Columbus, Missouri, sued the Hershey Co. for $5 million, claiming that the boxes of Reese’s Pieces and Whoppers he regularly purchased were not filled with enough candy. Citing violations of the Missouri Merchandising Practices Act, he alleged that 29% of the Reese’s Pieces boxes he purchased were empty, while only 59% of the Whoppers packaging contained actual product. His suit further alleged that the candy company unjustly enriched itself by knowingly selling boxed items containing considerable empty space. Aiming to avoid leaving a sour taste in court, Hershey’s contended that at least some empty space is common in most packaged goods to allow for “efficient manufacturing and distribution.” Additionally, the company claimed that consumers are made aware of this necessary space before purchasing its goods, as the contents of Whoppers and Reese’s Pieces boxes “audibly rattle.” Despite his multimillion-dollar complaint, Bratton continued to purchase Hershey products, a move that ultimately led to the unraveling of his lawsuit. In 2018, Judge Nanette K. Laughrey dismissed the case after it was revealed that the plaintiff had purchased Reese’s Pieces and Whopper boxes by the hundreds over several years, despite knowing the high likelihood that they would not be full. “Mr. Bratton testified that he initially expected the boxes to be full, but at some point … [he] realized that they’re not,” Laughrey said in her ruling. “Although Mr. Bratton claimed to have always clung to his hope that the boxes would be full, he acknowledged that he did not expect the box to be miraculously filled the next time he bought it.” While Bratton’s love for sugary treats is impossible to deny, his efforts to take down a chocolate giant for shortchanging his confectionery conquests were questionable at best.

MOUTHWATERING MINI CHEESECAKES

Ingredients

• 12 oz package vanilla wafers • 16 oz cream cheese, softened • 3/4 cup white sugar

• 2 large eggs • 1 tsp vanilla extract • 21 oz can cherry pie filling

Directions 1. Preheat oven to 350 F. 2. In two 24-cup miniature muffin pans, line each space with a paper liner. 3. Using a food processor or resealable plastic bag, crush vanilla wafers into a fine crumb. 4. Press 1/2 teaspoon of crumbs into each paper liner. 5. In a mixing bowl, beat cream cheese, sugar, eggs, and vanilla until light and fluffy. 6. Fill each miniature muffin liner with this mixture, almost to the top. 7. Bake in the preheated oven for 15 minutes or until the cheesecakes are set. 8. Cool completely in the pan. 9. Top each mini cheesecake with about a teaspoon of cherry pie filling before serving. Enjoy!

Inspired by AllRecipes.com

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INSIDE THIS ISSUE 1

The Brutal Math of Hard Choices

The Fast Motion of Old-Time Movies

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The Future Belongs to Critical Thinkers

Mouthwatering Mini Cheesecakes

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A Chocoholic’s Day in Court

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A Burglary Blown by Brightness

Sunlit Stupidity Foils a Thief BRIGHT DAY, DIM IDEA

Santa Claus isn’t real. The world doesn’t disappear when you close your eyes. You can be arrested for burglary regardless of the time of day you commit the crime. Most reasonable people accept the above facts as undeniable truths long before they reach 22. Unfortunately (or humorously, depending on your point of view), James Blankenship of Willoughby, Ohio, was unaware of that last fact despite being a legal adult for four years. One day during the summer of 2013, he broke into his mother’s house in the neighboring city of Eastlake by removing a window screen. Already on shaky ground with his parent for reasons not specified in media coverage of the incident, he had been banned from the Eastlake premises for at least three months before attempting to enter it without permission. According to statements his mother later gave to the police, her son had no possessions in the home at the time of the incident.

Because Blankenship chose to commit his crime in broad daylight , his mother spotted him and alerted the police. Rather than fleeing the neighborhood when he was discovered, he hid in a crawl space near his mother’s home. A witness reported seeing him run behind a nearby house, which allowed police to locate him easily. According to an official statement on the Eastlake Police’s Facebook page, Blankenship told the arresting officers, “I thought you could only be charged with burglary if you break in during the nighttime.” After pleading guilty to a lesser charge of breaking and entering, Blankenship served 60 days in prison (with 120 days out of his original 180-day sentence suspended) and was fined $100. Perhaps most significantly, he also learned a valuable lesson on how the sun helps people see things during the day.

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The 5 Essential Roles of a Good Business Attorney in Resolving Disputes

In the intricate world of business, disputes and challenges are inevitable. Whether you’re striving to collect outstanding payments or navigating demands from others, a proficient business attorney can be a crucial asset in finding resolutions. Here are five key ways a skilled business attorney can assist you during times of dispute. One of the primary roles of a competent business attorney is to assist you in evaluating the pros and cons of your position, both legally and strategically. Understanding how the courts and other attorneys perceive your situation provides valuable insights. This assessment helps you make informed decisions about the best course of action and potential outcomes.

A seasoned business attorney brings a fresh and impartial perspective to your dispute. It’s common to become emotionally invested and develop tunnel vision during a disagreement. An attorney, detached from emotional ties, can objectively analyze your position and highlight aspects you might have overlooked. This perspective can reveal new options or highlight the gravity of the situation, enabling more effective, unbiased decision-making. A well-crafted demand letter or response can be a game-changer in a business dispute. A good business attorney excels at articulating your position, summarizing key points,

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and presenting your case persuasively. The exchange of such letters often catches the attention of the opposing party, signaling seriousness and opening avenues for resolution outside the courtroom. Understanding what it takes to go to court is crucial in making informed decisions. A business attorney can provide a preview of the dispute resolution process, outlining the potential financial, emotional, and time-related implications of taking legal action. This insight empowers you to weigh the costs and benefits, allowing for a more strategic approach tailored to your unique circumstances. Beyond addressing the current dispute, a proficient business attorney will engage in a conversation about preventing similar issues in the future. By identifying the root

“Understanding how the courts and other attorneys perceive your situation provides valuable insights that help you make informed decisions.”

causes of the current problem, you can collaboratively develop strategies to fortify your business against potential disputes. This proactive approach ensures you not only resolve the immediate issue but also create a foundation for a stronger, more resilient business moving forward. If you find yourself entangled in a business dispute or foresee potential challenges on the horizon, reaching out to a business attorney can be a wise decision. By leveraging their expertise in legal matters, strategic thinking, and dispute resolution, you not only address the current issue effectively but also enhance the overall strength and resilience of your business. Don’t hesitate to consult with a business attorney to explore the best path forward for your specific circumstances.

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