What a web we weave....even when we don't try to deceive! What a mess NBC has created for themselves. Now let me start by stating that I am not privy to the actual contracts between NBC and their affiliates, Jay Leno, Conan O'Brien, or Jimmy Fallon. But there is a lot of speculation about the current ...
Category Archives: Litigation
Wage and Hour Lawsuits Are On the Rise
Rush Nigut, author of Rush On Business, recently posted Wage and Hour Lawsuits: Your Business Could Be Next. Rush points out that big businesses are not the only ones at risk for these types of law suits. I would agree that wage and hour issues are even more prevalent ...
5th Circuit Says Court Cannot Force a Party to Pay Arbitration Fees and Why Arbitration Is Not Always The Best Option
You have to wonder if this recent ruling might cause some companies to pause over the recent craze to automatically include arbitration clauses in their contracts. In Dealer Computer Svc v. Old Colony Motors the 5th Circuit ruled that a trial court did not have the authority to compel a party to pay an arbitration ...
Morning Links 7/21
The Business pundit recently wrote about 5 Surprising Recession-Proof Industries.The Connecticut Employmnet Law Blog recently wrote '"Be Afraid of Social Networking" - Why the Conventional Wisdom is Overblown. The post argues that all the concern over social networking activities is overblown. For a counter argument, check out the Texas Law Blog's ...
5th Circuit Delineates Test for Liability Under the False Claims Act
The 5th Circuit released an opinion in USA v. Lithium Power Tech (No. 08-20194) this week that adopted the 4th Circuit's test for a claim under the False Claims Act. The Court stated that when evaluating a claim under the False Claims Act, a court must look at: (1) whether there was a false statement or fraudulent course ...
Texas Buy-Sell Agreements
A lot of SBOs have probably heard the term "buy-sell agreement," but aren't really sure what they are, how they work, or why they would need one. What is a buy-sell agreement? Think of a buy-sell agreement as a sort of prenuptial between business partners. It is easier to negotiate the terms of a departure ...
3 Reasons Why Employers Don’t Have a Social-Networking Policy and 3 Reasons Why You Should
I came across a post on the Delaware Employment Law Blog entitled 3 Reasons Why Employers Don't Have a Social-Networking Policy. Molly DiBianca elaborate on three reasons an employer might not: (1) ignorance; (2) committee approval delays; and (3) hopes that the social networking phenomenon will simply go away.I'm not one ...
What does the New Haven case mean for private employers?
The short answer is not a whole lot. This case does not provide a good guide for private employers because it involved the City of New Haven, a government entity. Government entities at both the federal and state level must abide by stricter rules than private employers.However there is an important lesson that any employer ...
Employee vs. Independent Contractor
The distinction between an employee and an independent contractor is important for every employer to understand. While most SBO’s know there is a difference between the two, most SBO’s do not understand how to distinguish or establish the relationship they intend or desire. The distinction ...
Subcontractor’s Remedies Against a Contractor
Sharmil McKee, author of the Small Business Blog by McKee Law Office recently posted on the remedies available to a subcontractor when the contractor refuses to pay the final bill. The post is a response to a question from ...
Category Archives: Litigation
The Leno Deal….Be Careful What You Wish For!
What a web we weave....even when we don't try to deceive! What a mess NBC has created for themselves. Now let me start by stating that I am not privy to the actual contracts between NBC and their affiliates, Jay Leno, Conan O'Brien, or Jimmy Fallon. But there is a lot of speculation about the current ...
Wage and Hour Lawsuits Are On the Rise
Rush Nigut, author of Rush On Business, recently posted Wage and Hour Lawsuits: Your Business Could Be Next. Rush points out that big businesses are not the only ones at risk for these types of law suits. I would agree that wage and hour issues are even more prevalent ...
5th Circuit Says Court Cannot Force a Party to Pay Arbitration Fees and Why Arbitration Is Not Always The Best Option
You have to wonder if this recent ruling might cause some companies to pause over the recent craze to automatically include arbitration clauses in their contracts. In Dealer Computer Svc v. Old Colony Motors the 5th Circuit ruled that a trial court did not have the authority to compel a party to pay an arbitration ...
Morning Links 7/21
The Business pundit recently wrote about 5 Surprising Recession-Proof Industries.The Connecticut Employmnet Law Blog recently wrote '"Be Afraid of Social Networking" - Why the Conventional Wisdom is Overblown. The post argues that all the concern over social networking activities is overblown. For a counter argument, check out the Texas Law Blog's ...
5th Circuit Delineates Test for Liability Under the False Claims Act
The 5th Circuit released an opinion in USA v. Lithium Power Tech (No. 08-20194) this week that adopted the 4th Circuit's test for a claim under the False Claims Act. The Court stated that when evaluating a claim under the False Claims Act, a court must look at: (1) whether there was a false statement or fraudulent course ...
Texas Buy-Sell Agreements
A lot of SBOs have probably heard the term "buy-sell agreement," but aren't really sure what they are, how they work, or why they would need one. What is a buy-sell agreement? Think of a buy-sell agreement as a sort of prenuptial between business partners. It is easier to negotiate the terms of a departure ...
3 Reasons Why Employers Don’t Have a Social-Networking Policy and 3 Reasons Why You Should
I came across a post on the Delaware Employment Law Blog entitled 3 Reasons Why Employers Don't Have a Social-Networking Policy. Molly DiBianca elaborate on three reasons an employer might not: (1) ignorance; (2) committee approval delays; and (3) hopes that the social networking phenomenon will simply go away.I'm not one ...
What does the New Haven case mean for private employers?
The short answer is not a whole lot. This case does not provide a good guide for private employers because it involved the City of New Haven, a government entity. Government entities at both the federal and state level must abide by stricter rules than private employers.However there is an important lesson that any employer ...
Employee vs. Independent Contractor
The distinction between an employee and an independent contractor is important for every employer to understand. While most SBO’s know there is a difference between the two, most SBO’s do not understand how to distinguish or establish the relationship they intend or desire. The distinction ...
Subcontractor’s Remedies Against a Contractor
Sharmil McKee, author of the Small Business Blog by McKee Law Office recently posted on the remedies available to a subcontractor when the contractor refuses to pay the final bill. The post is a response to a question from ...