Category Archives: Business Litigation
Entrepreneurs: Don’t Make These Mistakes
So you’re going into business on your own, or perhaps, you’ve been in business for a while now. You’re an entrepreneur. But that “on your own” spirit includes the need to understand the laws that often trip up entrepreneurs. Here are some of the most common laws and legal areas that cause entrepreneurs legal… Read More »
What is Collusion and Are You Doing It?
Let’s say that you have a business, and there aren’t many competitors in your industry. You aren’t exactly sure of what you should charge for your goods or services, or else, you’re not sure that what you’re currently charging is in line with your competitors. So you decide to call a few of them…. Read More »
Noncompete Agreements Remain Legal, But Don’t Abuse Them
Noncompete agreements seem like zombies nowadays. They seemed to be dead, pursuant to an initially proposed FTC rule. Then they were challenged and mired in legal challenges, and seemed to be dead. Now, coming back from the dead: the FTC has changed its mind and revived the noncompete agreement, saying that it will no… Read More »
What to Put and Not Put in an Employee’s File
If you have employees, you should have an employee file on each one of your employees. The file is documentation of problems, employee accomplishments and progress, as well as a singular place that you store information about an employee. The Typical Employee File In a typical employee’s personal file, you should, of course, keep… Read More »
Can a Union CBA Limit or Even Restrict an Employee’s Right to Sue?
Let’s say that you are an employee and you feel that you may have a right to sue your employer—or on the other hand, that you are an employer and you suspect you will be sued by an employee. The issue is that the employee belongs to a larger labor union, which has a… Read More »
Can Religious Organizations Discriminate in Employment Decisions?
Religious organizations are often treated differently than a nonreligious, secular business when it comes to the law. Many kinds of taxes don’t have to be paid and religious organizations are often exempt from certain laws. But what about discrimination in the workplace? Can a religious organization be sued by, for example, an aggrieved employee… Read More »
Can You Remove a Shareholder?
In some companies, especially smaller or closely held companies, shareholders take an active role in the operation of the company. Some may even serve dual roles, as both shareholders and officers. But sometimes, things go wrong, and a shareholder has to be removed. That shareholder isn’t going to leave willingly. So how do you… Read More »
Does an Employee Owe a Fiduciary Duty to an Employer?
Let’s imagine that you have an employee who steals your confidential information he or she obtained while working for you or even your trade secrets. That employee, upon leaving your employ, uses that information to harm your business, or start his or her own business. That employee also calls your other, current employees, and… Read More »
Here’s What the Supreme Court Said About Nationwide Injunctions
Recently the Supreme Court issued a ruling that on the surface had to do with immigration policy. But inside of the Supreme Court’s decision was a holding that could potentially have an impact on larger commercial litigation cases. Asking to Have Laws Enjoined It often happens that someone wants to challenge something the government… Read More »
Influencer Endorsement and Online Review Regulations
Today, being an influencer is a career field, but like any career field, there are still legal regulations to abide by. In the last few years, the government has become much stricter about transparency—in the past it was too easy for influencers to endorse products or level critique or criticism, which seemed like neutral… Read More »