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April 27, 2016

WHEN IT TAKES A VILLAGE TO FIGHT THE GOOD FIGHT

When probable cause exists that one should be made a criminal defendant and stand trial, the State gains the right to freeze the assets used in, […]
April 20, 2016

WIELDING THE CORPORATE SHIELD

Why incorporate – or, more likely, organize as an LLC? The answer is simple enough to fill radio ads.  If something goes wrong, only the company’s […]
April 13, 2016

INCOMPLETE PASS

When the Supreme Court issued an opinion last week on “one person one vote,” the political press did what it does best and reduced it to […]
March 29, 2016

AND SO IT STARTS

One spouse opens a business – let’s say the husband as it was in a recent case.  The financial institution providing the seed money for that […]
March 24, 2016

APPELLATE INTRICACIES

The Florida court system has three levels, like indeed every other state and the federal government: trial, appeal, and a Supreme Court.  The first appeal may […]
March 9, 2016

FEDERAL SUPREMACY

Federal law means what the United States Supreme Court says it does. There are no ifs, no buts, no questions about it. Yet sometimes, stubborn state […]
March 2, 2016

ENDLESS OVERSIGHT (OR HOW BIG BROTHER IS STILL WATCHING YOU)

Executive action is a hallmark of every administration, even more so in a divided government.  So it should be no surprise that 2015 was, and 2016 […]
February 29, 2016

PRISONERS SAY THE DARNDEST THINGS

Jailhouse lawyers have a lot of time on their hands.  They also can be darn creative.  A counterfeiter spending ten years as a guest of the […]
February 16, 2016

MORE ARBITRATION PITFALLS

Our readers are well familiar now with many reasons why arbitration is not recommended in business to business contracts.  And more pitfalls keep coming to mind […]
February 15, 2016

WHY EVEN LIBERALS SHOULD MOURN JUSTICE SCALIA

In 1953, Justice Jackson wished that the Court could have decided a case that came before them “by analysis of the statute instead of by psychoanalysis of […]
February 9, 2016

IT MATTERS

Appellees – litigants who won before the trial court and now face an appeal – have for first line of defense that the decision in their […]
January 22, 2016

A COMMA’S REVENGE

Think of the comma, that small, underused, throwaway punctuation mark.  How unimportant, how easy to ignore it is.  But like nerds in a bad 1980s movie, […]
January 13, 2016

CLOUDY CRYSTAL BALL

Issues related to evidence and sentencing are probably the two most frequent topics for appeal in criminal cases.  We have mentioned both in previous posts. An […]
January 4, 2016

WHAT COMES NEXT

The year 2015 included its lot of consequential cases.  None received more press than the decision prohibiting bans on sex-same marriages across the country.  None excited […]
November 16, 2015

UNITY AND THE RULE OF LAW IN THE AGE OF TERRORISM

Our blog is traditionally dedicated to educating and sometimes entertaining.  We eschew grand philosophical thoughts for the economic trenches, for what is most useful to the […]
October 27, 2015

(UN?)INTENDED CONSEQUENCES

Once the U.S. Supreme Court makes a ruling, its decision becomes the law of the land.  It binds all other courts, both state and federal, everywhere […]
October 23, 2015

ON THE CONSTITUTIONAL FRONTIER

Traveling internationally can be exhilarating.  Coming home can be comforting.  But in the middle, our constitutional rights disappear. Courts from the Supremes on down have ruled […]
October 12, 2015

KNOWN, UNKNOWN, AND SOMEWHERE IN THE MIDDLE

The death of a loved one is not only tragic.  It also carries legal consequences.  If the decedent had debts, those have to be paid.  And […]
September 21, 2015

WHO HEARS A WHISTLE BLOW?

New laws mean new lawsuits.  The Affordable Care Act and its regulations have alone gone to the Supreme Court three times – on the question of […]
September 14, 2015

ARBITRATION NFL STYLE

We have spent some time on this blog explaining how arbitration clauses are typically a bad idea in business-to-business contracts.  We have explained that they are […]
September 4, 2015

DO NOT DELETE

Would-be plaintiffs who seek redress against a company will generally start the process by a demand letter.  They do so either because it is mandated by law, […]
September 1, 2015

INDEPENDENT CONTRACTORS, YOU SAY?

Employers are sometimes too easily tempted to categorize people working for them as independent contractors.  This avoids paying unemployment and other payroll taxes, and contractors are […]
August 28, 2015

INTERNET IMMUNITY – SOMEWHAT

A long, long time ago, at the dawn of the internet, courts decided that companies that hosted online forums, chat rooms, bulletin boards, etc… were not […]
August 25, 2015

ARBITRATION STILL A BAD IDEA IN BUSINESS CONTRACTS

Florida recently amended its Arbitration Act, mostly to put it in line with the federal version.  Reading the changes’ review in the Florida Bar Journal only […]
August 20, 2015

SO SPOKE… WHO?

The murderous rampage by a racist young man who wrapped himself in the confederate flag jolted the previously somnolent debate about the meaning of that flag.  […]
August 17, 2015

DAMAGES ON TOP OF DAMAGES

The Washington Post, among many other outlets, reported that former wrestler and Minnesota Governor Jesse Ventura won his lawsuit against Chris Kyle, the American Sniper whose […]
August 17, 2015

FOLLOW THE SIGNS

Under one municipal code, signs advocating this or that political opinion or philosophy are limited to 20 square feet; campaign signs may grow to 32 square […]
August 11, 2015

PRIVATE RIGHTS AND PUBLIC GOOD

Some U.S. Supreme Court cases turn on the meaning of a single word.  In those instances, Justice may appear to rule, concur, or dissent based on […]
August 5, 2015

WHEN A SMALL WIN CAN HERALD A BIGGER ONE

It seemed a narrow case, one of those of no interest to anyone but the parties involved.  A law that gave the federal government the right […]
July 30, 2015

WHEN A WIN IS BARELY A WIN

The city of Los Angeles, which requires hotels to keep a registry of their guests, also required those hotels to show their registry to any police […]
August 3, 2016

TIGHT-ROPE WAKING

An old maxim holds that every wrong should have a remedy.  For better or worse, this is not exactly true.  Before one can avail oneself of […]
June 29, 2016

OVERTIME PART 3

As we discussed in our last two posts, overtime law is not only complex, it is also largely in the hands of the rule-making arm of […]
June 9, 2016

OVERTIME PART 2

Our last blog built on the Department of Labor’s new rules on overtime to remind business owners of some basic principles, and warn of some pitfalls. […]
June 6, 2016

OVERTIME RULE CHANGES: WHAT DOES IT MEAN?

It has been a couple of weeks since the Department of Labor finalized new rules for overtime compensation.  In our 24/7 news cycle, those changes stayed […]
April 20, 2016

WIELDING THE CORPORATE SHIELD

Why incorporate – or, more likely, organize as an LLC? The answer is simple enough to fill radio ads.  If something goes wrong, only the company’s […]
January 22, 2016

A COMMA’S REVENGE

Think of the comma, that small, underused, throwaway punctuation mark.  How unimportant, how easy to ignore it is.  But like nerds in a bad 1980s movie, […]
January 4, 2016

WHAT COMES NEXT

The year 2015 included its lot of consequential cases.  None received more press than the decision prohibiting bans on sex-same marriages across the country.  None excited […]
September 21, 2015

WHO HEARS A WHISTLE BLOW?

New laws mean new lawsuits.  The Affordable Care Act and its regulations have alone gone to the Supreme Court three times – on the question of […]
September 1, 2015

INDEPENDENT CONTRACTORS, YOU SAY?

Employers are sometimes too easily tempted to categorize people working for them as independent contractors.  This avoids paying unemployment and other payroll taxes, and contractors are […]