The U.S. Supreme Court has given a victory to freelance authors of newspaper and magazine articles, and a defeat to some major publishers of their work. The publishers hired the authors as independent contractors who would contribute articles to what is known in copyright law as a “collective work,” that is, a newspaper or magazine.…
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AGE DISCRIMINATION IN EMPLOYMENT
The combined effects of an aging population and a sluggish economy have led to an increase in lawsuits alleging age bias in the workplace. The Age Discrimination in Employment Act (ADEA) prohibits age discrimination in the employment of persons who are at least 40 years old. The ADEA covers most private employers of 20 or…
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“CYBERSMEAR” LAWSUITS
The free wheeling give and take in various online forums is leading to more defamation claims by individuals and businesses. Given that so many online speakers are anonymous, however, Internet service providers sometimes become trapped between the speaker and his offended subject. Before the alleged victim can seek redress, the perpetrator must be identified, and…
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HOMEOWNERS’ INSURANCE: THE DEVIL RESIDES IN THE DETAILS
Reading and understanding all of the language in a homeowners’ insurance policy are not formalities to be skipped over while searching for the signature line. As with any contract, the fine print can have real and lasting consequences, and its contents will control over any contradictory verbal assurances. Taking the time to understand the terms…
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How Do I Plan a Business Succession?
Running a healthy small business is one of the best ways to set oneself up for retirement. An owner who has taken a business from inception to a thriving enterprise generally feels a great deal of pride and, in most cases, wants the business to remain viable after he ceases control and retires. However, business…
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On the Advantages and Disadvantages of Sole Proprietorships
One common structure for new businesses is the sole proprietorships. The sole proprietorship is the simplest form of doing business, and is an entity that is owned by one person. If your business will have more than one owner (other than your spouse), you will need to consider a partnership, corporation, or limited liability company.…
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Business-to-Business Disputes
External claims made against your business and claims you may bring against another entity are very much a reality of conducting business in today’s environment. Among the many issues that are a part of business litigation are: - breach of contract - non-payment for goods or services - defective or non-performing products - fraudulent business…
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Differences Between S and C Corporations
Differences Between S and C Corporations If you are planning to form a corporation, it is essential that you choose the right entity for your needs. Numerous options are available, and it is a good idea to consult with a business lawyer as you plan your business and set up the articles of incorporation. The…
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Breach of Fiduciary Duty and its Risks
A breach of fiduciary duty can bring considerable harm to a corporation. Fiduciaries have access to sensitive financial information of a company. They are expected to take their position seriously, and act with the utmost of integrity and good faith. However, they don’t always live up to such expectations. Obligation of Fiduciaries Fiduciaries are those…
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Unfair Competition and Business Tactics
Unfair business competition can take many forms. Some of the more common types of include deceptive advertising, violating covenant not to compete clauses, stealing trade secrets, and engaging in predatory pricing schemes. False or Deceptive Advertising False or deceptive advertising can take the form of competitors misrepresenting their products as yours, or making false claims…
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