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December 24, 2014

HAPPY HOLIDAYS

Happy Holidays to all, whatever your Holiday of choice, be it Christmas, Hanukah, Kwanza, Festivus, or something else meaningful to you. In the spirit of the […]
December 19, 2014

HOMES BUSINESSES ARE BUSINESSES TOO

Along the manicured streets of suburbia, the homogeneity of covenanted neighborhoods is sometime interrupted by a flier snuck in a doorway or taped to a mailbox.  […]
December 15, 2014

WHEN THE WORKDAY ENDS

Warehouse employees spend their days lifting, moving, loading and unloading sometimes heavy merchandise.  It is not an easy job.  They might be cranky at the end […]
December 11, 2014

‘CAN’T CHANGE THE LAW

A biker was riding along on a South Dakota highway, not a care in the world, when he was hit from behind by a truck.  Or, […]
December 2, 2014

THE SMALL PRINT

Terms and conditions in small print at the back of a contract have such a bad reputation that “small print” has become a shortcut to describe […]
November 30, 2014

LADIES AND GENTLEMEN OF THE PRESS…

… we regret to inform you that one court, in 1993, clearly held that newspapers are not “of such indisputable accuracy as would justify judicial reliance.”  Sorry.
November 25, 2014

IF YOU MUST ARBITRATE, ARBITRATE WELL

Our readers will are aware of our distaste for arbitration in any other context than some consumer industries.  Resolving a legal dispute before a referee whose decision, […]
November 20, 2014

STALKING FOR PARKING

Talks of harassment, stalking, or restraining orders seem the stuff of domestic abuse cases.  But businesses, or at least business owners, are not immune to those […]
November 17, 2014

RATIONAL RESOLUTION

Pop culture and civil litigation recently merged in the news.  A federal judge allowed Marvin Gaye’s family’s lawsuit against Robin Thicke, which claims that Blurred Lines infringes […]
November 16, 2014

GOOD OLE DAYS

In the good ole days – say, the turn of the last century – a farmer sued a tractor’s vendor for false advertising.  Since he could […]
November 12, 2014

BUSY SIGNALS

Sometimes, when one calls upon the law, the law answers.  Responses to tricky questions can be gleaned from statutes or case law.  And sometimes, all you […]
November 4, 2014

BUNDLES OF STICKS

We end our short series of posts motivated in general by the U.S Supreme Court opening its new term by addressing what will possibly be the […]
November 2, 2014

NONSENSE OF THE HIGHEST DEGREE

I quote, without adornment, the fine people from law.com: “The Nebraska Supreme Court has just banned smoking in cigar bars. Yes, for real.” ‘nough said.
October 29, 2014

THE CONSTITUTION’S SLIDING SCALE

We continue to take the opportunity offered by the U.S Supreme Court opening its 2014-15 term to review some interesting areas of constitutional law.  And so […]
October 27, 2014

EQUAL OPPORTUNITY

The U.S. Supreme Court has started hearing this term’s cases.  While those of constitutional import or with political consequences will garner the most attention, the lion’s […]
October 24, 2014

CIRCUIT SPLIT

Our last post explained how any of the nearly 400,000 cases filed in Federal Court each year may work its way up to the U.S. Supreme […]
October 23, 2014

SUPREME COURT TERM STARTED

The beginning of the Supreme Court’s 2014-15 is a good opportunity to take a moment and step back to review how those headline-making cases end up there […]
October 20, 2014

KEEPING CONFIDENCES CONFIDENTIAL

It is axiomatic that consultations between clients and their attorney are confidential.  But when the client is a corporate entity, it is not always obvious when, […]
October 19, 2014

CHEESY STORIES

Back in the fifties, Kraft Food did not claim to have invented a better mouse trap.  But it did boast of having found a better way to […]
October 15, 2014

A MIND FOR APPEALS

OJ Simpson’s famous “legal dream team” included Alan Dershowitz, who did not say much.  Yet he was a key member of that team.  He was, at […]
October 9, 2014

KEEP ON TRUCKIN’

Earlier this week we talked, albeit briefly, about overtime.  Today, we address a different kind of regulations which apply to certain industries.  These (usually) federal regulations […]
October 7, 2014

BUSINESSES GROWING UP

Knowing how much to pay your employees should be simple: hourly workers are paid time and a half for hours worked over 40; salaried employees are […]
October 5, 2014

MOTO

Master Of The Obvious. Such is the esteemed title of the prosecutor informing the Court that “the life of the witness is in jeopardy, and it […]
September 26, 2014

THE SHIFTING SANDS OF SHAREHOLDER LAW

As long as there have been corporations in the United States, their shareholders (and later LLCs’ members) have largely been shielded from liability.  This is unlikely […]
September 23, 2014

THE NLRA’S INCREASING REACH

Even small, non-union businesses in right-to-work states need to pay attention to the National Labor Relations Act (the NLRA).  While that law is primarily concerned with […]
September 21, 2014

IT’S MAGIC

A self-described “magic healer” professing to cure the sick by placement of the hands was being prosecuted for practicing medicine without a license.  To that, he […]
September 18, 2014

GUARDRAILS ON THE INFORMATION SUPERHIGHWAY

On the information superhighway, the guardrails protecting the institutional press also protect the rest of us.  An Opinion earlier this year on the other side of […]
September 9, 2014

WHO ARE YOU CALLING UNFAIR?

When people ask me how many languages I speak, my traditional quip is to answer, “three – English, French, and Legalese.”  Our readers shouldn’t doubt that […]
September 5, 2014

ALWAYS APPEAL

Commercial litigators and criminal defense attorneys are likely to deal with very different cases.  But appellate attorneys can handle appeals of either kind, as the skills […]
September 5, 2014

PUBLIC EMPLOYEES’ FREE SPEECH RIGHTS, LTD

The First Amendment states that “Congress” shall make no laws abridging the freedom of speech.  Because its protection was expanded by operation of the 14th Amendment, […]
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 […]
December 19, 2014

HOMES BUSINESSES ARE BUSINESSES TOO

Along the manicured streets of suburbia, the homogeneity of covenanted neighborhoods is sometime interrupted by a flier snuck in a doorway or taped to a mailbox.  […]
December 15, 2014

WHEN THE WORKDAY ENDS

Warehouse employees spend their days lifting, moving, loading and unloading sometimes heavy merchandise.  It is not an easy job.  They might be cranky at the end […]
December 2, 2014

THE SMALL PRINT

Terms and conditions in small print at the back of a contract have such a bad reputation that “small print” has become a shortcut to describe […]
November 25, 2014

IF YOU MUST ARBITRATE, ARBITRATE WELL

Our readers will are aware of our distaste for arbitration in any other context than some consumer industries.  Resolving a legal dispute before a referee whose decision, […]
November 20, 2014

STALKING FOR PARKING

Talks of harassment, stalking, or restraining orders seem the stuff of domestic abuse cases.  But businesses, or at least business owners, are not immune to those […]