Blog

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 […]