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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 […]
August 20, 2015
The murderous rampage by a racist young man who wrapped himself in the confederate flag jolted the previously somnolent debate about the meaning of that flag. […]
August 17, 2015
Under one municipal code, signs advocating this or that political opinion or philosophy are limited to 20 square feet; campaign signs may grow to 32 square […]
September 18, 2014
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 5, 2014
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, […]
March 12, 2014
Courts have paid lip service on more than one occasion to the proposition that public school students do not shed their rights at the school’s doors. […]
February 12, 2014
Freedom of speech means protecting speech we disagree with – even speech we hate. The Supreme Court reminded us of that, for example, when it upheld […]
January 13, 2014
A breast-cancer awareness bracelet bears the message “I ♥ Boobies”. The question asked to a Federal Court of Appeals is whether, when that message is worn […]