Business law

January 9, 2018

BANKRUPTCY’S FRESH START

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

WHAT TO MY WONDERING EYES SHOULD APPEAR…

… 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

HOW TO PROTECT YOUR LLC’S CORPORATE VEIL

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

A NEW TWIST TO AN OLD QUESTION ABOUT NON-COMPETES

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

FIRE THEM! OR CAN YOU?

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 SCOURGE OF PROFESSIONAL PLAINTIFFS

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

BUT WE’RE FAMILY!

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

YOU’RE ON JURY DUTY. NOW WHAT?

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

DELTA MESSED UP. ARE THE LAWYERS TO BLAME?

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

DOWN IN THE TRENCHES

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

CHOOSE YOUR REGISTERED AGENT CAREFULLY

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

HOW THE YEAR ENDED

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 31, 2017

CHOOSE YOUR REGISTERED AGENT CAREFULLY

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 […]
November 29, 2016

NEW OVERTIME RULES: READY OR NOT, HERE THEY COME (MAYBE)

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 – […]
September 7, 2016

DEBTORS BEWARE

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 […]
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 […]
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 […]