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US Supreme Court Casesadmin @ November 13, 2008 # No Comment Yet
Recently, I encountered the following question - Whether a court may reform a contract in equity and order specific performance where the document is unambiguous as to the particular matter pled to be specifically performed? Reformation of an instrument is an equitable remedy. The function of reformation is to make a writing express the agreement [...]
admin @ October 16, 2008 # No Comment Yet
My research did not reveal any generally applicable federal statute in the United States that regulates online privacy other than the Graham-Leach-Bliley Act (which only covers banks, insurance companies,, and other “financial institutions”), and the Children’s Online Privacy Protection Act (which only applies to personal information collected from children under 13 years of age). The [...]
admin @ January 2, 2008 # No Comment Yet
By Rayan F. Coutinho, Ph.D, Esq.
There is no law that requires an employer to create, maintain or provide employees with policies pertaining to the use of technology facilities. However, policies related to internet usage, email and blogging have become extremely important documents in today’s technological world. Many employers find it useful to distribute written policies, [...]
admin @ December 27, 2007 # No Comment Yet
By Heather D. Walsh, Esq.
Everyone employed in the United States must have legal authorization to work in the U.S. This authorization is generally seen in the form of US citizenship. However, if a potential employee is not a US citizen how can you protect yourself and ensure that anyone you hire is legally [...]
admin @ December 27, 2007 # No Comment Yet
By Rayan F. Coutinho
Introduction
There is no law that requires an employer to provide employees with a handbook. However, the employee handbook has become an extremely important document. It is a type of preventative medicine and can also serve as a good business planning tool. Many employers find it useful to distribute written manuals outlining company [...]
admin @ September 6, 2007 # No Comment Yet
By Rayan F. Coutinho, Ph.D.
a. Run the corporation like a distinct entity from the shareholders personally and from any other parent or subsidiary corporation. Basically, do not treat the corporation as your alter ego or merely a shell for the parent corporation.
b. Ensure that [...]
admin @ August 24, 2007 # No Comment Yet
By Rayan Felix Coutinho, Ph.D.
One of the critical determinations to be made when someone intends to start a new business is the choice of entity. Financial situations, future plans, nature of the proposed business, personal liability for debts and obligations of the business, federal income tax treatment, scope of authority of people involved, and the [...]
admin @ July 22, 2007 # No Comment Yet
By Brian P. Gillan, Esq.
A. Employee Training As A Means of Avoiding Liability For Harassment
Employers must ensure that all employees, particularly supervisors, are trained regarding equal [...]
admin @ July 7, 2007 # No Comment Yet
By Rayan Felix Coutinho
If you already have a trademark or service mark, or if you are contemplating the adoption of a new mark, you can evaluate the strength of your existing or proposed mark using the principles that follow to determine the degree of protection afforded to it under the law. If your mark is [...]