Common Documentation Mistakes Can Cause Serious Problems
Different forms of electronic communication result in different levels of discretion and candor–for better or worse. Therefore, employees should be trained to properly communicate to avoid ticking timebombs in litigation. Is Documentation Required? This is a fundamental question that should be ingrained into employees’ heads because every thought need not be shared in writing. This […]
Preventing Workplace Violence: Know Your State’s Laws
Workplace violence continues to increase but what does this mean? While there are no standards to determine whether “workplace violence” occurs under OSHA’s definition of the term, you should want to prevent the existence of “a workplace where the risk of violence and serious personal injury connected to workplace activities are significant enough to be […]
Hope Is Not A Plan; Hiring A Creative Attorney Is A Plan
I have no insight into the attorney-client relationships in this case. That said, there were potentially underlying reasons why the Defendants litigating a (A) very expensive case with a (B) minimal chance of success was a smart move. In fact, these reasons are often overlooked by the attorneys themselves even when the attorneys would benefit […]
Newly Enacted Illinois Laws
I am proud to write that the Illinois legislature passed quite a bit of substantive legislation that was signed into law by Governor Pritzker. Business owners need to be aware of what new laws are passed every year. This post shares summaries of a limited number of business-related laws that Illinois companies should know about. […]
Have You Really Thought Through Your Due Diligence?
Due diligence identifies potential risks before closing a deal. The goal is to find problems that may lead to renegotiating, reducing the purchase price, or walking away from a deal. Yet many issues remain hidden despite rigorous due diligence. Earlier in my career I read about issues that were raised in a bankruptcy asset sale […]
Key Tenant Issues In Data Center Leasing Agreements
Leasing a data center is a strategic decision that comes with unique challenges. Here are some of the critical issues you should be aware of before signing a data center lease. 1. Security and Access Data centers house critical infrastructure, making security a top priority. Here are some considerations: 2. Maintenance Responsibilities Data center tenants […]
Choosing A Law Firm: Supersizing Often Fails
Would you hire a vendor that does not properly regard conflicts of interest? Fails to abide by basic business rules and laws? Loses you in the shuffle of other and larger clients? Violates its own internal procedures? Of course not. Yet business owners do this every day when engaging law firms. So please accept this […]
When Does The Threat of Lawsuit Become Tortious Interference With Prospective Business Relationships?
Business owners regularly threaten litigation to protect their companies. In most cases, this threat does not create any potential liability to the party threatening litigation if a case is not ultimately filed. But this does not mean that the possibility exists. Likewise, business owners should be advised that they may potentially have a viable claim […]
Seven Year Noncompete After Sale of Business Affirmed In Delaware: The Law is Identical
The FTC’s new rule barring the use of noncompetition agreements contains a specific provision permitted the use of these agreements related to the sale of a business. Everyone involved in the sale process–sellers, buyers, brokers, accountants, and all other advisors–need to remember each state’s noncompete laws remain the same if the rule is upheld. The […]
Deep Fakes Law: A Quick Summary For Parents
Deep fakes and AI should scare all parents because their kids have new ways to make mistakes with or without trying.
