Business Litigation Blog

Will Your Business’s Legal Structure Work?

Will your business’s legal structure work? Does your business have a legal structure that will guide ownership through both success and hard times? Closely held businesses are a vital and volatile element of the business landscape. Some new small businesses fail in the first year and many more in the first five years. If you

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Forward Thinking Now for Urgent Needs Later

Forward Thinking Now for Urgent Needs Later   No one wants to think about the practical problems that can be created by a serious illness, but bear with me for a moment and give this some thought. As I’m sure you know, if there was ever a time to think about this, it is now.

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The CARES Act – COVID-19

The CARES ACT – What It Means for You   The Coronavirus Aid, Relief and Economic Security (CARES) Act was passed by Congress and signed by the President on Friday. The over $2 Trillion stimulus package is geared to provide economic relief to workers, businesses, state and local governments, hospitals and other employers. The bill

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A Message About COVID-19

Recently, we have received numerous inquiries from clients, including those in the retail and hospitality industries, concerned about the impact that Covid-19 will have on their businesses. Although the landscape appears to be ever-changing, we wanted to send this email to offer you general guidance and practical considerations as well as to highlight important legislature

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Trade Secrets: How to Protect Them; What Constitutes Misappropriation; and What to do If you Find Yourself Defending a Claim for Misappropriation

        The Defend Trade Secrets Act was passed in 2016 and, ever since, misappropriation of trade secrets has been a hot topic for legal scholars and commentators.  The DTSA works in conjunction with traditional trade secrets claims brought under state law.  The DTSA’s definitions of what constitutes a trade secret and how

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What’s In a Name? Independent Contractors and the Danger of Misclassifying Employees

Employers, including franchise operators and business owners, may receive special requests from employees regarding whether they can be paid as independent contractors, or may simply wish to hire independent contractors, which can be less expensive for employers and employees. However, before agreeing to issue a 1099 instead of a W2, or classifying employees as contractors,

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“Is it Worth it?” Can Arbitration be Affordable for Small Claims in Commercial Cases?

Why Do I Have to Arbitrate and How Much Will it Cost? Many standard commercial contracts include a requirement to arbitrate. This means that the parties must adjudicate disputes through a third-party dispute resolution provider. Typically, commercial contracts will specify the provider, as well. The cost of arbitrating typically varies depending on the amount of

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New Department of Labor Overtime Rules and How They Will Affect Your Business; Three Questions all Business Owners Must Ask

As many of ED&G’s clients are aware, this spring the U.S. Department of Labor announced changes to the overtime requirements under the Fair Labor Standards Act, resulting in more white-collar, previously-exempt employees becoming eligible for overtime. The changes become effective on December 1, 2016. Previously, and until December 1, 2016, all employees paid less than

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