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July 23, 2015
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
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
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
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
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
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
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
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
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
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
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
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
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
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, 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
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
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
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 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
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
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
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
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
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 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
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
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
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
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
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 […]
August 25, 2015
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 11, 2015
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 […]
July 23, 2015
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 […]
June 22, 2015
From the early days of the Republic, it has been the province of the Judiciary – that is, ultimately, of the Supreme Court – to say […]
April 7, 2015
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
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 […]
February 5, 2015
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 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 […]
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