Web Site Terms and Conditions
October 29, 2008
It was Henry Ford, not Marlon Brando or Don Corleone, who once famously said: "The customer can have any color he wants so long as it's black." Unfortunately for e-commerce buyers, however, the rules imposed on them by the fine print and deep links usually known as "Terms and Conditions" often leave as little room to negotiate as early Ford buyers once had.
Mandatory Wellness Programs
October 29, 2008
While often a healthy asset for organizations, the increasing use of mandatory wellness programs can also present liability risks for companies, including potential violations of employee privacy rights, the federal anti-discrimination laws, such as the Americans With Disabilities Act (ADA), the Health Insurance Portability and Accountability Act, and state legislation regarding the regulation of an employee's lawful off-duty conduct.
Delaware Chancery Court Allows Board to Abandon Sales Process
October 29, 2008
Earlier this year, the Delaware Chancery Court dismissed a claim by shareholders of First Niles Financial, Inc., alleging that the directors breached their fiduciary duty by abandoning a sales process, despite receiving offers that its financial adviser found to be "within a range supported by its financial models.
The Supreme Court and Business
October 29, 2008
Recently, we witnessed the annual ritual of the United States Supreme Court releasing its most monumental decisions in the waning days of its term. The front pages were consumed with new landmarks on, among others, the Second Amendment and the death penalty. The general public and the media rightly gave greater import to these constitutional decisions, but does that mean that American business was ignored by the Justices this year?
When Delaware Companies Are Required to Advance Fees
October 29, 2008
A recent Delaware Chancery Court case may send Delaware companies scrambling to review their bylaws to determine if they are required to advance fees in more instances than first thought. A review of this and two other pivotal cases.
When Your Witness Is a Former Employee
October 29, 2008
In an era when employees change jobs frequently, your most important witness is often a former employee. At best, a former employee may be ambivalent toward your company. At worst, he or she may be downright hostile. What should you do?
Law Firms 'Building a Case' for Automated e-Procurement Solutions
October 29, 2008
Procure-to-Pay automation technology has finally come of age as a user-friendly, flexible, and cost-effective strategic business solution. It is a solution that can ease pressures from the law firm partnership by decreasing the cost of doing business.
Coast-to-Coast Legal Practice
October 29, 2008
In today's technology-driven culture, law firms are able to compete for the representation of clients located throughout the country and, as a result, many attorneys have provided legal services to clients located in a state other than the one(s) in which they are licensed. Here's a look at ABA Model Rule 5.5.
