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July 23, 2015

LITTLE GUIDANCE, MANY DANGERS

A trustee’s duties are generally the stuff of state law.  But because 401(k)s, among a few other instruments, are federally created, and plan managers have the […]
July 17, 2015

EVEN THE KING NEEDS HELP

We pointed out a few times how it is good to be King.  But even the king needs help, sometimes.  For the U.S. Government, this occasionally […]
July 13, 2015

A DIFFERENT LOOK AT THE OBAMACARE DECISION

The Supreme Court’s Opinion on the Affordable Care Act’s subsidies brought with it the inevitable torrent of political commentary.  Depending on what side of the isle […]
July 4, 2015

HAPPY FOURTH!

A Happy Fourth for July from all of us at the Roth Law Firm. And remember to stay safe. As a court had to remind litigants […]
June 22, 2015

CLEAR AS MUD

From the early days of the Republic, it has been the province of the Judiciary – that is, ultimately, of the Supreme Court – to say […]
June 15, 2015

AN EYE ON APPEALS

A man fell off a ladder and died.  It is as tragic as it is improbable.  But the improbable did not stop there.  When a jury […]
June 11, 2015

A KING’S RANSOM

It is good to be king, as we have noted on previous occasions.  The federal government is not shy about preserving for itself rights or privileges […]
May 29, 2015

STORIES IN MISCONDUCT

To an employer, the words “You can’t fire me! I quit!” are music to the ears.  Employees who quit are ineligible for unemployment.  Those who are […]
May 26, 2015

IMPORTED FROM DETROIT, EXPORTED TO AKRON

Chrysler’s slogan, “Imported from Detroit,” means to take on its Japanese and German competition head on, both on quality and reputation.  But as the web of […]
May 24, 2015

DISCORDANT NOTES

Overprotective parents insisting that their offspring have a constitutional (if not divine) right to enjoy every aspect of school life can lead to some of the […]
May 21, 2015

GOOD FAITH

The enforcement of private contracts is the cornerstone of both business and business law.  And the terms of a contract will be enforced at face value.  […]
May 14, 2015

MAKING NOBODY HAPPY

This past April, the U.S. Supreme Court published yet another opinion dealing with the Administrative State.  The number of opinions in that arena each year is […]
May 8, 2015

DUAL TRACKS

Our firm occasionally confronts the administrative state on our clients’ behalf.   An unexpected consequence of its very existence is that two litigants may at times be […]
May 5, 2015

ADVENTURES IN LICENSING

The issue of proof is a frequent flyer on this blog and a constant issue in law.  It takes many forms, such as who must prove […]
April 30, 2015

JUST THE FACTS

“Just the facts, ma’am.”  Dragnet’s Joe Friday intoned the phrase with ritualistic habit going back to the 1950s radio show.  He would agree then that facts […]
April 27, 2015

PROVING A NEGATIVE

It is sometimes said that you cannot prove a negative.  The bad news is that in law, one may on occasion be asked to do just […]
April 20, 2015

TOP CHEF OR PERFECT STORM?

If the governmental alphabet soup was competing on Top Chef, it might win the competition for its several layers of flavor.  To the many regulated businesses […]
April 19, 2015

DELECTABLE PROOF

It is true of course that it does not matter what one knows, only what one can prove.  But even that elementary concept can be pushed […]
April 15, 2015

HUMPTY DUMPTY

Humpty Dumpty is best known for falling so hard from his perch on a wall that he could not be put together again.  But Lewis Caroll’s […]
April 7, 2015

HOBBY VS BUSINESS

The distinction between a hobby, no matter how passionately engaged in, and a business, is critical, and not only if you plan to appear on Shark Tank.  […]
April 2, 2015

MOVING IN

Two star-struck lovers spending so much time with each other that they start wondering (perhaps with some trepidation) whether they have actually moved in together is the […]
March 29, 2015

MOW THAT LAWN, WASH THOSE WINDOWS

Police officers coming upon a poorly maintained house entered it without a warrant.  They claimed they believed it to be abandoned.  The Court had none of […]
March 27, 2015

PATIENCE, OH CAPTAIN MY CAPTAIN

Lawyers who talk about “hard-fought litigation” just like to listen to the sound of their own voice.  Every lawsuit is hard fought; otherwise it would not […]
February 5, 2015

WHEN THE FEDS WON’T LET YOU MAKE A HANDSHAKE AGREEMENT

Successful businesses, especially smaller ones, often rely on a casual, cooperative culture among their employees.  Those businesses rue over-regulation, common as it may be in our […]
January 29, 2015

THE SANCTITY OF CONTRACTS (AND ITS LIMITATIONS)

The US Supreme Court just issued an opinion directing federal courts to interpret Benefits Welfare Plans between employers and employees (including, often, retired employees) just like […]
January 23, 2015

REGULATOR OR PROSECUTOR?

Administrative agencies are considered regulators, not prosecutors.  Yet they often take the latter’s persona, complete with subpoena power and the authority to levy fines.  And when […]
January 21, 2015

FUN WHILE WORKING

A husband and wife own an insurance agency.  They are also avid RVers.  Putting the two together, they make a portion of their business selling RV […]
January 16, 2015

INTERNS ISSUES

We explained in a previous post that the IRS scrutinizes unpaid internships.  It is not the only government agency that does.  The Department of Labor is […]
January 13, 2015

TIME TO REVIEW EMAIL POLICIES

The National Labor Relations Act (NLRA) does more than regulate relations between employer and unions.  It also gives non-union employees the right to organize.  That makes […]
January 9, 2015

SAFETY FIRST

They all stayed late to close the deal.  When the last stroke of a pen graced the dotted line, everyone engaged in a hearty round of […]