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Corporate Shield Holds Up Against Creditor

There's no expression when speaking of football players to recognize a performance that hits three exceptional marks (like a hat trick in hockey or a triple double in basketball or the triple crown in baseball). Maybe there...more

How To Hire Outside Counsel For Your Company

Hiring outside legal counsel is an important decision for any company. Outside counsel may be needed to guide the business on an ongoing basis; or the business could be looking for an attorney to handle a single transaction...more

Business Interruption Insurance

Business Interruption Insurance Business Interruption Insurance (“BII”) is a form of commercial insurance coverage that provides limited but useful protection when a business is unable to continue normal operations or occupy...more

Maryland's appellate courts preserve the corporate shield against efforts to pierce the corporate veil

Maryland remains one of the toughest jurisdictions for plaintiffs seeking to pierce the corporate veil and impose personal liability on corporate owners for contract debts. Maryland has long recognized an equitable claim to...more

NJ Appellate Division Decision Highlights Gaps in Existing LLC Law in New Jersey and Importance of Having an Operating Agreement

In my prior blogs I’ve addressed the importance of having an operating agreement for any business owner operating as a limited liability company (“LLC”), and have also covered the recent legislative changes in New Jersey with...more

Sweeping Changes to New Jersey’s LLC Law

The members of any New Jersey company that is currently operating as a limited liability company (“LLC”) should endeavor to fully understand the impact of a law enacted in September 2012, the Revised Uniform Limited Liability...more

Duty Of An Insurer To Defend An Additional Insured

Many commercial contracts require the seller to maintain insurance against stated risks and also requires that the purchaser be named an additional insured under the seller’s insurance policies. This typically requires that...more

Employee Burnout

Sometimes employers can’t see the forest from the trees. This is often the case when it comes to the work environment, including workplace policies, and their impact on employee productivity and retention. In the rush to...more

Retroactive Revival Of Liability By Legislation

The US Supreme Court sometimes makes news by refusing to hear cases, not by taking them. That was certainly the case on May 29, 2012 when the Supreme Court declined to hear a case in which Minnesota’s high court upheld state...more

Corporate Sustainability and Social Entrepreneurship

Corporate sustainability and social entrepreneurship are the driving forces behind an increasing number of business decisions made on a daily basis. They represent a growing trend that melds traditional corporate purpose,...more

New Penalties For Misclassifying An Employee As An Independent Contractor

Senate Bill 459 went into effect on January 1, 2012 and imposes increased penalties against any employer in California who willfully misclassifies an employee as an “independent contractor”. Willful misclassification is...more

The Next Big Step For Renewables: Energy Storage

The promise of renewable energy has been partly realized as renewables, including wind and solar, have attracted significant investment over the years and now generate output that comprises a useful contribution to our...more

New Penalties For Misclassifying An Employee As An Independent Contractor

Senate Bill 459 went into effect on January 1, 2012 and imposes increased penalties against any employer in California who willfully misclassifies an employee as an “independent contractor”. Willful misclassification is...more

Microsoft Corp. v. Vadem, Ltd., et al., C.A. No. 6940-VCP (Del. Ch. Apr. 27, 2012) (Parsons, V.C.) - April 27, 2012

In this memorandum opinion, the Court of Chancery reinforced the internal affairs doctrine while dismissing a complaint brought by Microsoft Corporation in connection with the restructuring of Vadem, Ltd., a computer...more

In Ohio, can you revoke any contract within three days of signing?

In Ohio, can you revoke any contract within three days of signing?...more

Keeping Your Company in Compliance with "The Man"

Proper procedures and checks to ensure you maintain corporate formalities can help prevent anyone from "piercing the corporate veil" and suing you individually....more

Insurance Physical: Worth the Check-up!

An appropriate review of your construction and business insurance policies can minimize your risk in the event of a lawsuit....more

Should I stay or Should I go: Court versus Arbitration

Are you wondering whether Court or Arbitration should be made a standard part of your construction contracts? With apologies in advance to The Clash, there is "trouble" to be found in either venue. This article discusses the...more

Contributory Negligence on the Construction Law Project in North Carolina

I’m sometimes asked if the percentage of “fault” is something that a client can rely on to reduce the amount of money they may owe on construction project gone bad. The short answer: no. Unlike in many other...more

Active vs. Passive Negligence on the Construction Project

If you work on a North Carolina construction project, you, too, are in "the whole hog" if you are negligent. That is, if you are negligent at all, you are on the hook for the full lot. While generally, joint tort-feasors...more

6 Contract Law Tips for Limiting Risk on Construction Projects

On a regular basis, you should dedicate some timeto cleaning up your systems for limiting your risk on construction projects. This article provides 6 tips to improve your construction (or any other business) contracts. ...more

Be Wary of "Gentlemen's Agreements"

"Gentlemen's Agreements", especially on construction projects, are prone to later disputes, disagreements, and litigation. Protect yourself by getting everything in writing....more

How to Avoid Project Delays during the Holidays

During the winter and summer holidays, folks look forward to taking time off from their jobs and spending time with family. Most of your workers, subconsultants, and vendors do, too. Add to that that many owners may be...more

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