Despite these rather instructive failures, there have been a number of cases in which creditors have successfully prevailed using the ordinary business terms defense. For example, in the In re Global Tissue case, the debtor and a supplier were in the […]
Momentum is building for an increase in the federal minimum wage, with the only remaining questions being "How much?" and "How soon?" President Obama called upon Congress in this year's State of the Union speech to raise the federal minimum wage. […]
A bankruptcy filing may be an opportunity for the acquisition opportunities of individual assets, or an entire going concern business. To learn more, click on the link below to an article published recently by the online news […]
The Americans with Disabilities Act ("ADA") requires an employer to make reasonable accommodations for an employee that has a disability. In 2008, Congress enacted the ADA Amendment Act of 2008 ("ADAAA"), which broadened the definition and the scope […]
In 2008, Congress amended the Americans with Disabilities Act ("ADA"), expanding the definition and the scope of the term "disability" under the ADA. Courts are now required to construe the term "disability" broadly and to provide coverage to the maximum […]
Like all other defenses, the defendant/transferee must provide evidence establishing the elements of the ordinary business terms defense. Much can be learned from the many seeming half-hearted attempts to prove an ordinary business terms defense. […]
Providers should use privacy settings so as to safeguard their own personal information and content. But privacy settings are not absolute. Providers should monitor content posted about them by others to ensure propriety and accuracy. see AMA […]
Use Facebook, LinkedIn, Twitter, and other social media sites to maintain your professional presence and connect with colleagues, referral sources, and patients. A patient can "like" your Facebook page and be routed through regular patient intake and […]
This construction defect case centered around a homeowner's allegations that the foundation and drainage of his home was out of code compliance and defective. The Texas Residential Construction Liability Act ("RCLA") governs disputes such as this […]
The detailed facts of this case aren’t particularly relevant. The issue was whether the district court has jurisdiction to hear an appeal filed after the 14 day period in Rule 8002. The Fifth Circuit has not had an opportunity to address […]
A key issue in commercial litigation is determining whether the claims to be asserted are within the scope of an arbitration agreement. An arbitration provision might broadly include all disputes in connection with the contract or narrowly cover only […]
Business owners and professionals of all kinds do not need to be told how damaging a negative online review can be. Online reviewers can impact a business more than ever in today's digital world and no one is policing what customers post online or […]