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January 9, 2018
For small businesses, just as for individuals, bankruptcy should dispose of all disputes with their creditors. A discharge under Chapter 7 or confirmation of a payment […]
December 21, 2017
… but a massive, enormous, extravagant Christmas lights display on what used to be a quiet residential corner. In an era when enterprising people organize paying […]
October 26, 2017
Limited liability is the cornerstone of modern, corporate free enterprise. It means the entrepreneur puts no more of their personal fortune at risk than they invest […]
October 17, 2017
The purpose of non-compete agreements, paradoxically, is to allow competition (there is a right to work and compete), all while preventing unfair competition by protecting employers’ Legitimate Business […]
August 17, 2017
In the wake of the events in Charlottesville, a question came up in the business community. Can you fire someone for being a white supremacist? The […]
August 4, 2017
The ADA is a noble law, and not just for bleeding-heart types of reasons. Certainly, it is primarily motivated by the emotional desire to see those […]
August 3, 2017
We’re all family. We all get along. So we don’t need to pay a lawyer to prepare all kinds of paperwork for our family business. Right? […]
July 25, 2017
If you have been selected for jury duty, a New York Times headline might have grabbed your attention. It said that “Jury Secrecy Doesn’t Apply if […]
July 19, 2017
The most useful and most ignored advice in crisis management is this: say it early, say it all, and say it yourself. But when media personality […]
February 10, 2017
Do you know the difference between general and special damages? One “actually and necessarily” flows from the alleged wrong; the other “might result” from it but […]
January 31, 2017
For businesses, the first quarter of each year brings a number of fiscal and legal obligations. A business must, for instance, file its Annual Report with […]
January 24, 2017
The Florida Supreme Court decides remarkably few civil decisions, and even fewer commercial ones. Its docket is dominated by review of death-penalty decisions and updating rules […]
January 20, 2017
Artificial Intelligence is one of science-fiction writers’ favorite foils. A machine or gadget of some form, with infinite knowledge and ability for logic, provides the hero […]
December 8, 2016
There is so much talk – sometimes uninformed talk – about incorporation that it warrants us addressing it here today. To start with, the term incorporation […]
December 6, 2016
One would think that a U.S. Supreme Court decision puts finality to a legal battle, even one between two giants of the business world. But that […]
November 30, 2016
In our most recent post, which addressed the new overtime rules, we had occasion to explain that Congress may constitutionally delegate its legislative powers to the rules-making […]
November 29, 2016
We posted last summer a series of articles on the new overtime rules. With those rules now going into effect next month (or perhaps not – […]
November 2, 2016
A Chinese-American restaurateur wished to purchase a second restaurant. For reasons that are not known but do not matter either, he decided to keep the down […]
September 21, 2016
Some of the hot-button issues playing out in this election year also feature on the courts’ dockets. One such issue is gun control, with cases heard […]
September 13, 2016
Truth is sometimes stranger than fiction. When that happens, the law has to keep up, and that keeps appellate attorneys busy. Take this case for example, […]
September 7, 2016
Representing businesses and business owners often means dealing with debt, whether owed by or to the client. And this in turn requires being at least aware […]
August 3, 2016
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 […]
July 25, 2016
From the earliest days of our Republic, the role of the courts has been to “say what the law is,” as Chief Justice Marshall wrote in […]
July 20, 2016
A few statutes provide that the prevailing party receives their attorneys’ fees back from the other side. One would think that who wins in a lawsuit […]
July 12, 2016
A woman who left her dog in filth for a week spent the day picking up garbage at a dump. A teen who didn’t pay for […]
July 5, 2016
WHAT THEY SAID The stream of Supreme Court opinions gushed quickly in June as the Court prepared to recess by month end. Many opinions deal with […]
June 29, 2016
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
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
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 […]
May 3, 2016
Last year, we explained why Tom Brady’s suspension was overturned, even though it had been imposed in arbitration proceedings. The trial judge had many reasons for […]
February 29, 2016
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 […]
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 […]
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 […]
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 […]
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 […]
December 24, 2014
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 […]
November 30, 2014
… 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 16, 2014
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 2, 2014
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.