Evidence

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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 20, 2017

LOGIC OR EMPATHY?

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

WHO AM I?

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

APPLE VS SAMSUNG – IT’S NOT OVER

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

A NOTE FOR FELLOW HISTORY GEEKS

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

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 – […]
November 2, 2016

WHAT IS YOURS IS MINE

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

GUNS, TRUCKS, AND DISNEY

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

STRANGER THAN FICTION

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

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 […]
August 3, 2016

TIGHT-ROPE WAKING

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

WHAT THE LAW IS

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

STILL FIGHTING OVER WHO PAYS

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

CREATIVE SENTENCING – OR NOT

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

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

OVERTIME PART 3

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

OVERTIME PART 2

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

OVERTIME RULE CHANGES: WHAT DOES IT MEAN?

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

BRADY – THE SEQUEL’S SEQUEL

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 […]
January 13, 2016

CLOUDY CRYSTAL BALL

Issues related to evidence and sentencing are probably the two most frequent topics for appeal in criminal cases.  We have mentioned both in previous posts. An […]
September 4, 2015

DO NOT DELETE

Would-be plaintiffs who seek redress against a company will generally start the process by a demand letter.  They do so either because it is mandated by law, […]
April 27, 2015

PROVING A NEGATIVE

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 […]
March 27, 2015

PATIENCE, OH CAPTAIN MY CAPTAIN

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 […]
August 26, 2014

ANOTHER PIECE IN THE EVIDENTIARY PUZZLE

Our blog, focusing as it does on commercial law and appeals, rarely touches on criminal matters.  We have opened that door at times, however, if only […]
April 24, 2014

THE PHONE LINES ARE OPEN

The rule on when the police may act on an anonymous tip is tested through layers of legal jargon.  Yet it can still be explained quite […]
January 31, 2014

EVIDENTLY, MY DEAR WATSON

If it seems like I am writing about evidence again, it is because evidence is such a frequent issue on appeal.  In criminal law, many evidentiary […]
December 12, 2013

CLEARLY ESTABLISHED RIGHTS

A police officer may only be sued for violating someone’s constitutional rights if those rights are “clearly established” under the law.  (For those who are interested, […]
December 5, 2013

WHAT CAN YOU PROVE

Hollywood portrays many aspects of litigation incorrectly.  This is less of a criticism than it might sound like.  It is natural that the needs for drama and […]