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Insights and Developments in the Law Litigation over Non-compete Agreements Agreements between employers and their employees prohibiting or restricting competition by a departing employee are nothing new, but their use is growing—and not just for the highest levels of management. This trend makes it all the more important to understand the limits that courts have placed on such agreements, with a view toward balancing […]

Insights and Developments in the Law Business Start-Up Checklist Both heart and mind must be working well if the owners of a new small business are to experience success. While it is only human nature, not to mention fun, to indulge one’s imagination about what a new business started from scratch could be like, would-be […]

How to Terminate an Employee and Minimize Litigation Employee Termination/Litigation The termination of an employee may not only be tough on the individual, but can have serious consequences for the employer when an employee files a wrongful termination suit. The repercussions of a wrongful termination may include a required forced rehiring, back pay, and even punitive damages. The […]

Confidentiality Agreements Should Be a Condition of Employment To get an edge in today’s competitive marketplace, businesses look to exploit every opportunity that presents itself. Without protections in place, this means that competitors may take advantage of your company’s confidential and proprietary information, such as customer lists, prospective customer lists, employee lists, pricing, general business know-how, future plans and […]

When and How Often Should I Review and Update My Will and/or Trust There is no one simple answer to this question and, in fact, prudent estate planning involves the consideration of a myriad of factors including, but not limited to, a material change in family circumstances and/or developing tax law. Thus, it is important to view […]

Are Restrictive Covenants Enforceable? Yes, restrictive covenants are enforceable and they are important to protect the goodwill, trade secrets, and other confidential and proprietary information of your business. They can be used in business acquisition agreements, buy-sell agreements and employment contracts to ensure that you receive what you bargained for. If the counterparty breaches the covenant, you can obtain […]

Insights and Developments in the Law Caregiver Bias in Employment Today, it is commonplace for workers to handle both work and caregiving responsibilities for spouses and children, parents and other older family members, or relatives with disabilities. Women still are disproportionately more likely to exercise primary caregiving responsibilities but, in increasing numbers, men also have assumed the dual roles of caretaker and breadwinner. Our society may […]

Insights and Developments in the Law E-Mails Can Modify Contracts We send e-mails so casually and with such informality, even in the business environment, that it is easy to forget that they may carry significant legal consequences. It is only prudent to bear in mind that even e-mails written in the most conversational style may create legal obligations no less binding than a […]

Insights and Developments in the Law Real Estate Roundup No-Show Mover Must Pay Mortgage Payments A family hired a moving company to pack up their belongings in their home and move them to a new house in another state. The mover packed up everything, but failed to come back for the loading and moving. This […]