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Friday Factoid Quiz: Notable Anniversaries
Happy Anniversary to Friday Factoids®!!!! This summer marks the 10th anniversary of the launch of this series. To mark the occasion, test your knowledge of these anniversaries celebrating several famous brands and creative works.
When Does the Automatic Stay Protect Companies that are Not in a Bankruptcy Proceeding?
Last week Reuters published an article titled “How a “bankruptcy innovation” halted thousands of lawsuits from sick plaintiffs.” The mechanism used to halt ongoing lawsuits was the automatic stay triggered by the bankruptcy filing of an affiliate of the defendant companies. The “bankruptcy innovation” is the so-called Texas Two-Step. The Texas Two-Step is not a…
Is the Company’s Non-Compete Enforceable?
There’s a lot of fuss nationwide about whether agreements signed by employees not to compete after their employment are allowable. The FTC has now said that it is going to pursue a regulation banning non-competes. I have reviewed and written many non-compete agreements over the course of my career. Many of them are likely unenforceable under existing…
Executive Playbook: Business Owners & the Changing Economy
In this episode, Russell Berger and Mike Cammarata discuss the impact of changing economic conditions on business owners. While the news is filled with stories about inflation and a slowing economy, Mike and Russell talk about the practical challenges this creates for businesses and actions that businesses can take to prepare for economic uncertainty.
Supreme Court Casts a Shadow Over Architectural Committee’s Rejection of Solar Panels
Over a year ago, I blogged about the case of Belmont Association versus Farwig, where the Court of Appeals held that an HOA could restrict solar panels because they were an “improvement” to a residence, and improvements required prior architectural approval. The Farwigs installed solar panels on the front of their house without architectural approval. …
OK at Work: ADA and Medicinal Marijuana
This week on OK at Work, Sarah Sawyer and Russell Berger discuss the interactive process for addressing reasonable accommodation requests under the Americans with Disabilities Act and take a closer look at the evolving view state law is taking with respect to medicinal marijuana as a potential accommodation. Listen to learn more.
Read Delete: Are Companies Connecting with Consumers for Pride?
Are Companies Connecting with Consumers for Pride? Many businesses and corporations have been speaking out in support of the LGBTQ+ community on the occasion of Pride Month, celebrated in June every year. About a third of the respondents of a 2021 Morning Consult survey chalked this behavior up to marketing tactics rather than a genuine…
Proposed Changes to Title IX
On June 23, 2022, on the 50th anniversary of Title IX, the Department of Education released its proposed changes to the current regulations implementing Title IX. Title IX of the Education Amendments of 1972 is a federal law prohibiting discrimination on the basis of sex in education. Unfortunately, some of the proposed changes to the regulations…
Defamation Claims: Johnny Depp Pulled Off a Miracle
Clients very frequently approach our lawyers with a keen interest in suing someone for defamation, a la Johnny Depp. I strongly discourage these claims. It’s a very tough row to hoe. First, defamation (libel is written defamation and slander is spoken defamation) requires a statement of fact, not opinion. For example, “John Doe is a…
South Carolina Child Support: What to Do If Your Ex Stops Paying
If your ex stops making child support payments, it can be a difficult and frustrating experience. You may feel like you’re unable to provide for your child since the expenses related to raising a child certainly don’t stop just because you haven’t received your child support check yet. Or you may simply feel resentful that…