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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 […]
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 […]
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 […]
May 5, 2015
The issue of proof is a frequent flyer on this blog and a constant issue in law. It takes many forms, such as who must prove […]
January 13, 2015
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 […]
July 31, 2014
I suspect a good many people may agree that, if an action by the government is thrown out by the Supreme Court unanimously, the government, having […]
June 30, 2014
The U.S. Supreme Court’s recent decision on greenhouse-gas regulations will occasion a chuckle from observers of the mainstream press. Republican-leaning newspapers criticized the Court for upholding […]