Compliance with Contractual Provisions to Procure Insurance: The Illusion of Coverage Provided by Certificates of Insurance
Commercial contracts often require the party with less bargaining power to procure insurance for the party with more bargaining power as a way to shift risk and potential liability. General Contractors often require a Subcontractor's policy to name the General Contractor as an "Additional Insured." Lenders often require a Borrower's policy to name the Lender as a "Loss Payee." Landlords sometimes … Read More
Monitoring Employee Electronic Communications
A growing number of employers monitor and review their employees’ electronic communications, including telephone calls, emails and internet use, while at work or working away from the office. They cite a number of legitimate business reasons for doing this, such as:
Maintaining employee productivity by minimizing personal use of the employer’s telephone and computer systems;
Ensuring compliance … Read More
Fair Enough: The “Fair Use” Defense to Trademark Infringement
In the context of trademarks, “fair use” is the term given to the use of someone else’s trademark in a way that will not subject the user to liability for infringing the owner’s rights. Fair use is a defense to a claim of trademark infringement. There are two categories of trademark fair use:
Classic Fair Use: When someone else's trademark is used to refer to the user's goods or … Read More
Let Kids Be Kids!
When getting divorced or filing for post-decree modifications, it is vital to keep the children out of the divorce action and legal proceedings. The more normal their life is, the better it will be for them and the easier it may be for them to navigate through the divorce of their parents. Divorce or changes to parenting time is traumatic for children. They … Read More
When Social Media Takedown Notices Aren’t Enough
Social media usage has exploded during the past 13 years and has permanently transformed the way products and services are marketed and sold. Social media platforms include many different online destinations such as social networking sites, blogging sites, and rating and review sites. The availability and proliferation of so many online destinations has expanded the opportunities for businesses and brand owners to … Read More
Departing Employee Obligations
Employees who depart their employment do not always think about obligations they may continue to have to their former employer. Former employers do, however, and should never underestimate what a departing employee may or may not understand about such post-employment obligations. There are methods and procedures that can mitigate potential problems for both departing employee and former … Read More
Receiverships: Not Just for Lenders
A receivership is an invaluable tool for managing, accounting for, marshaling, and preserving assets of whatever nature or kind. Although most often utilized by lenders, a receiver can be beneficial in any number of situations, including business disputes, partner disputes, and divorce proceedings. The limits of a receivership are as broad or as narrow as the parties’ desire.
Receiverships are an equitable … Read More
Ten Ways to Prevent Sex Discrimination in the Workplace
The #metoo movement has many employers worried about protecting their employees from discrimination and harassment. Employers often ask what they should be doing to prevent discrimination in the workplace and how best to respond to complaints of discrimination or harassment. By following our 10 best ways to prevent and address discrimination in the workplace,& … Read More
Divorcing and Worried About Your Finances? A Promising Perspective
When women divorce, or contemplate divorce, they report being worried about their finances and how they will meet their financial obligations as a newly single woman. With gender pay disparity and potentially not knowing their household finances, those concerns are understandable. Compounding the worry even further are women who are either unemployed or have been the stay-at-home parent. But, … Read More
Do I Need a Lawyer to Get a Divorce in Arizona?
In Arizona, a large percentage of divorces proceed without either party hiring a lawyer. As Arizona is a no-fault divorce state, couples do not need a specific reason to file for divorce – it is sufficient that the parties do not get along – otherwise known as irretrievable differences. While getting divorced without attorneys may be& … Read More