Businesses compete for business; that is expected. One of the principles of the free market is that healthy competition leads to better products and services at a better price to consumers. But not all competition is healthy. When a participant in the marketplace engages in improper conduct (e.g. deception, threats, improper influence),...
Continue reading…
Whether a claim is subject to arbitration is one of the most hotly contested
litigation topics. Employers often have an interest in protecting themselves from protracted litigation by seeking to streamline the process through arbitration.
Use of Employee Handbooks
Arbitration clauses are frequently found in written employment...
Arbitration clauses are common in business contracts - whether that be a contract for the sale of goods or services, employee contracts, or purchase and sales agreements. In some cases, one party to a dispute has more of an interest than the other in seeing a claim settled by arbitration. In drafting...
Continue reading…
We live in politically charged times. Protests against police brutality initiated after the deaths of George Floyd and other people of color have touched every major city in this country. These occur at a time when our country is already becoming more divided in a particularly contentious election year. Adding to this...
Continue reading…
Business owners frequently find themselves in position where they need to value their business: succession planning; buy/sell agreements; estate and gift tax requirements; sales, mergers and acquisitions; shareholder or partnership buyouts; tax reporting; insurance purposes; obtaining financing - to name but a few. Despite the frequency of this requirement, most business owners...
Continue reading…
Arbitration can be an efficient method of resolving differences for both parties to a dispute. Like all contract provisions, arbitration clauses must be carefully crafted, or courts will not enforce them. Certain claims, by state and federal laws, are not subject to arbitration. When an arbitration agreement broadly includes language that would...
Continue reading…
If you have a comprehensive insurance package for your business, chances are it includes business interruption coverage. And if you suffered the devastating effects of the COVID-19 pandemic, you may have already discovered that your coverage does not extend to communicable diseases. For those of you without such coverage who are now...
Continue reading…
Firing employees can be a minefield of legal issues. Done poorly, it can lead to wrongful termination claims; loss of company property and confidential information; bad publicity and damage to your company’s reputation; and loss of morale and poor performance by other employees. Conversely, if your company has decided it’s time for...
Continue reading…
Directors, officers, and employees of a corporation owe fiduciary duties to the corporation. One of these fiduciary duties is a duty of loyalty. Corporate fiduciaries cannot do harm to the company the serve. More particularly in the context of business opportunities, they cannot seize for themselves a business opportunity that would otherwise...
Continue reading…
Other employers don’t take the time to carefully draft executive employee agreements. In the excitement of finding the right fit to lead a key position in their company, they overlook what might appear as the mundane task of circumscribing an executive’s duty, responsibilities, and performance expectations. After all, this is a highly...
Continue reading…
