Commercial Law

  • The "red flag" theory carries the danger of fostering undeserved prosecutions, for so much of it involves the feelings or the opinions of the prosecutor ' and conceivably of a jury.

    September 26, 2011Stanley S. Arkin And Howard J. Kaplan
  • This two-part series looks at the law governing a franchisor's ability to effectuate broadscale changes to its network. Part Two herein examines franchise network change triggered by an acquisition of the franchisor.

    September 26, 2011David J. Kaufmann
  • On June 2, 2011, an NLRB Administrative Law Judge (ALJ) found that parts supplier Supply Technologies, LLC unlawfully required employees to sign up for a comprehensive grievance and arbitration system that would eliminate their rights under the NLRA ' and then discharged 20 employees when they refused to do so.

    September 26, 2011Kevin McCormick
  • Recent decisions by federal Courts of Appeals in the First and Fifth Circuits shed light on two issues critical to the question every employer asks after being served with an employment discrimination lawsuit: "What's the worst that can happen?

    August 31, 2011E. Fredrick Preis, JR. And And Joseph R. Hugg
  • Businesses that are forced to undertake internal investigations are victimized not only by the fraud the investigation uncovers, but also by the costs expended to uncover it. To restore your company to its "prior state of well-being," a restitution order should account for both types of harm.

    August 31, 2011Christopher J. Hunter
  • This article provides strategies for creating a sustainable capital plan.

    August 30, 2011Stephen M. (pete) Peterson
  • Highlights of the latest franchising cases from around the country.

    August 30, 2011Cynthia M. Klaus And Pamela N. Merkle
  • On June 17, Gov. Rick Perry, R-TX, signed into law two bills of keen interest to family lawyers in that state. They address spousal maintenance and fraud on the community estate.

    August 30, 2011Jonathan J. Bates