Labor and Employment

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 […]
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 […]
March 9, 2016

FEDERAL SUPREMACY

Federal law means what the United States Supreme Court says it does. There are no ifs, no buts, no questions about it. Yet sometimes, stubborn state […]
October 27, 2015

(UN?)INTENDED CONSEQUENCES

Once the U.S. Supreme Court makes a ruling, its decision becomes the law of the land.  It binds all other courts, both state and federal, everywhere […]
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 […]
June 22, 2015

CLEAR AS MUD

From the early days of the Republic, it has been the province of the Judiciary – that is, ultimately, of the Supreme Court – to say […]
May 14, 2015

MAKING NOBODY HAPPY

This past April, the U.S. Supreme Court published yet another opinion dealing with the Administrative State.  The number of opinions in that arena each year is […]
April 20, 2015

TOP CHEF OR PERFECT STORM?

If the governmental alphabet soup was competing on Top Chef, it might win the competition for its several layers of flavor.  To the many regulated businesses […]