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small business
This guest-post is a synopsis of "whether a corporation has a cause of action for retaliation under the ADA." While the Author concludes the answer is "No" based on the retaliation provision in the ADA, he explores whether a corporation would have an associational discrimination claim because the phrasing of the statute is significantly different...
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This guest-post, a synopsis of "Let's Talk About Arbitration" by Attorney William Goren from his blog, Understanding the ADA. The original post discusses issues pertaining to arbitration of claims arising under the Americans with Disabilities Act. The author assumes that readers know the difference between arbitration and mediation
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The 7th Circuit points out that under Indiana law a buyer who has received non-conforming goods cannot sue the seller for negligent misrepresentation to avoid the Economic Loss Doctrine, which limits it to contract remedies for purely economic losses. There is no basis for transforming a breach of contract claim into a tort claim to...
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Many small business owners find comfort and success capitalizing on a franchise. Franchisors use Non-Compete (“NCA”) and Non-Disclosure (“NDA”) clauses as well as mandatory arbitration provisions to protect themselves. But should such a provision be effective against a non-signing spouse? That was the question before a Wisconsin District Court in the recent 7th Circuit case...
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So you're doing business as usual and notice that payments from your customer are getting later and later. Turns out that customer is struggling to navigate in the sputtering economy. Waiting for your money is bad enough; but what if you receive a demand to refund what you've been paid? And not because of anything...
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This piece from the Wall Street Journal’s Real Time Economics site answers the question with charts galore! The short answer comes in 3 parts: 1) For working people, 2013 was more of the same slow, jobless recovery; 2) For high net-worth individuals and corporations it was a bonanza; and; 3) The housing sector underwent a...
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The hallmark of the Business Opportunity Doctrine is the use of company assets to benefit a fiduciary. For instance the Doctrine would not allow a Director or Officer to profit personally by acquiring property they have reason to know the company will need or intends to acquire. In other words, fiduciaries shouldn't step in to...
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Your customer or borrower has been paying like clockwork and you, the creditor or vendor, have been dispensing goods and services as promised. Then your customer starts to pay a little later, then later still. Why not? Times are tough. So you do the decent thing and take their payments without complaining. Next thing you...
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Small business remains the backbone of the most vibrant economy in the world. America leads in innovation and hard work thanks in large part to small businesses and their owners. But in lean times, business owners need to know they have options. This post is about those options.
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The Automatic Stay in Bankruptcy prevents creditors from taking action against debtors so they can get a fresh start without fighting the same battles over again. This post looks at how the Stay works in practice.
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