Business and Legal Insights

The good news is that, with reasonable care and a bit of common sense, cyber fraud can be prevented. But if the theft occurs because you failed to take precautions to protect your email account, it may be time to call your insurer, or your lawyer. Or both.Read More

On April 17, 2017 the President signed a new Executive Order that directs federal agencies to review employment immigration laws to promote "Hire American" policies. The Order will most likely impact the H-1B visa programs.Read More

The Supreme Court recently decided the Disparagement Clause of the Lanham Act is unconstitutional, paving the way for parties to register trademarks that were previously prohibited as ‘disparaging.’ The ruling also ends the long-running battle over the Washington Redskins’ trademarks.Read More

The Internal Revenue Service (IRS) conducts hundreds of audits of 401(k) and other employee qualified retirement benefit plans each year. Audits can result from participant complaints, inter-agency referrals, responses contained in the plan’s Form 5500 or from the random selection of the plan for audit.Read More

Acceleration clauses do not usually cause too much controversy in litigation, but there is room for missteps by the landlord.Read More

Is the famed catalyst theory for recovery of attorneys’ fees still alive in Florida (was it ever) and how might it be applied to Settlement Agreements? Are you protected from / entitled to a claim for attorneys’ fees after you’ve settled?Read More

If a landlord learns that trademark infringement is occurring on its premises by one of its tenants and fails to stop further violations, the landlord may be held responsible by the trademark holder for damages relating to the infringement of a trademark.Read More

The Family and Medical Leave Act (“FMLA”) requires covered employers to provide eligible employees with unpaid family and medical leave for certain qualifying reasons. While employers should definitely know the FMLA basics (i.e., whether they are “covered employers” who employ any “eligible employees”...Read More

About a decade ago plaintiffs’ employment lawyers discovered the plaintiff-friendly attorneys’ fee provisions of the Fair Labor Standards Act (FLSA). As a result, overtime pay suits by private lawyers went from almost none to very numerous -- and with very costly consequences for employers.Read More

The concept of trespass may seem strange when it comes to public websites. If visiting a public (not password-protected) site is as simple as clicking on a link from a search engine or typing in a web address, one would think the site is presumptively open to the public, like a park, library, or mall. It’s unclear whether that’s...Read More