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 […]
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 […]
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 […]
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 […]
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. […]
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 […]
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 […]
“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 […]
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 […]
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. […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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. […]
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 […]
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 […]
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 […]
INTERNET IMMUNITY – SOMEWHAT