The National Labor Relations Board (NLRB) has ruled that a union displaying a “Scabby the Rat” inflatable in front of a neutral secondary employer was a valid exercise of their First Amendment rights. However, the court failed to create a distinct rule that determined what was, or was not, a valid exercise of union speech under the National Labor Relations Act (NLRA). This decision may indicate that other, similar protests will become more common against secondary employers in the future. Continue reading “NLRB Rules Use of “Scabby the Rat” Valid Against Secondary Employer”
How Do You Know if Divorce Mediation is Right For You?
The process of getting divorced is never a pleasant one, but there are some ways to make it less stressful, or at least less legally intensive. For many people, one effective way of doing this is by going through divorce mediation, a form of alternative dispute resolution that avoids many of the difficulties of the divorce process. But how should you know if divorce mediation is right for you? Continue reading “How Do You Know if Divorce Mediation is Right For You?”
The Potential Business Consequences of a Cyber Attack
Businesses must protect themselves from a variety of potential sources of legal and financial liability, simply to function in the modern marketplace. In addition to old threats like taxes, lawsuits, or natural disasters, a new kind of threat has made itself known: cyber attacks. Businesses that do not take proper precautions to protect against a cyber attack can face a number of potential issues, including the following: Continue reading “The Potential Business Consequences of a Cyber Attack”
What is an Executive’s Fiduciary Duty to Their Company?
Every executive working for a corporation, regardless of the corporation’s size, has a fiduciary duty to their company. This duty is not merely some high-minded principle about company loyalty. It is a legal responsibility that can invite serious problems if an executive is not careful and violates it. But what exactly is the fiduciary duty, and how might an executive violate it? Continue reading “What is an Executive’s Fiduciary Duty to Their Company?”
How to Protect Yourself During a Divorce
If you are in the middle of a divorce, you may feel like you are already overwhelmed by everything that’s going on. However, there are a few things you can do to make your divorce a lot more manageable, and avoid unnecessary stress. Here are five tips to follow to protect yourself during your divorce: Continue reading “How to Protect Yourself During a Divorce”
OSHA Issues Guidance on Unvaccinated and At-Risk Employees
The Occupational Safety and Health Administration (OSHA) has issued new guidance that dictates how employers should handle unvaccinated and at-risk employees. These guidelines are meant to help employers who are adjusting to having a partially vaccinated workforce, especially those who are transitioning back from remote work to working at an office. Employers should be mindful of this guidance, especially as it might affect their own liability in the event that an employee becomes infected with COVID on the job. Continue reading “OSHA Issues Guidance on Unvaccinated and At-Risk Employees”
Delaware Court Rules in Favor of “Reverse Veil Piercing”
The Delaware Chancery Court has issued a ruling that endorses the theory of “reverse veil piercing,” which is the practice of reaching down into a parent company’s subsidiaries to obtain compensation for harms committed by the parent company. This novel theory has broad potential implications for businesses around the country, especially larger businesses that own numerous subsidiaries. It is especially bad news for companies that may have counted on their corporate structure to protect their assets from legal or financial liability. Continue reading “Delaware Court Rules in Favor of “Reverse Veil Piercing””
NY Federal Court Denies Business Interruption Insurance Claim
In a recent ruling, the Northern District of New York has determined that a business interruption insurance policy does not cover damages caused by the COVID-19 pandemic, despite contractual terms that specifically cover interruptions from communicable diseases and civil authorities. This controversial ruling puts New York in line with a growing number of jurisdictions that have refused to give a broad interpretation to business interruption insurance terms. However, the existence of those specific terms in this case may leave ground for further litigation. Continue reading “NY Federal Court Denies Business Interruption Insurance Claim”
Five Potential Benefits to Reorganizing Your Business
The question of how to organize your business may seem banal and bureaucratic, something that does not have a real impact on the day-to-day operation of your company. However, without realizing it, your business organization may be making a major impact on whether your company succeeds or fails. Here are five potential benefits you can get from reorganizing your business: Continue reading “Five Potential Benefits to Reorganizing Your Business”
When is it Time to Get a Business Divorce?
The term “business divorce” may seem inappropriate at first glance, but anyone who has been in conflict with a business partner knows how difficult that can become. A business divorce is used to dissolve or reorganize a business when a partner, member, or co-owner in a business wants to leave and less drastic measures are not available. And just like with a regular divorce, there are signs that a business divorce might be what you need to resolve your issues in your business: Continue reading “When is it Time to Get a Business Divorce?”