Monthly Memo

Robert E. Martin, a former employee of Al Minor & Associates, Inc. ( AMA ), appealed a judgment that entered a $25,973 verdict in favor of AMA for fees not generated from former clients Martin had solicited using information he memorized while working...

The attorney client privilege protects communications between lawyers and their clients. The EC cannot require disclosure of privileged documents and cannot use these documents. Under established EU case law, the privilege for written communications between lawyers and clients applies...

The collaboration between the Labor Department s Wage and Hour Division and the ABA was revealed at a White House press conference. Vice President Joe Biden announced the new program, saying it was one of three new initiatives designed to help middleclass...

The American Recovery and Reinvestment Act of 2009 (ARRA) provides nearly $500 billion in spending to stimulate the economy. However, those who receive those funds should be aware that ARRA contains new protections for public and private employees who...

The US Department of Labor ( DOL ) has announced a proposed expansion of whom the agency would consider a fiduciary to include consultants that offer advice to retirement plans on proxy voting and the hiring of investment managers. In addition, brokes who make securities...

Customers whose financial information was stolen through the breach of a grocery chain s computer system could not sue for time and effort spent in curing the risk of identity theft, Maine s highest court has ruled in answering a certified question.

In 2009 a town decided to go out to bid for the construction of a new high school. Where a public construction project has an estimated cost over ten million dollars, State law requires a contract to be awarded to the lowest responsible and eligible general bidder...

Economic worries require both parties to place more importance on protecting their rights under software licenses. This memorandum looks at risks and liabilities that may come from the financial instability or bankruptcy of either party to a license. It looks at...

Ed. Note: This case continues a trend of decisions in Connecticut over the past couple of years. There is a growing trend here and elsewhere that once a bonus becomes nondiscretionary and in a fixed amount even if that fixed amount is the result of a calculation the bonus becomes...

As the financial crisis unfolded, much attention was focused on emergency programs designed to stabilize banks and enable lending. The federal government has for many years run a range of permanent programs to expand the availability of credit to a broad range of borrowers....

When approaching a loan commitment the first steps are critical for making the best deal you can. This memo outlines approaches for negotiating a commitment for the most common types of credit agreement used to finance businesses.

The Federal Trade Commission Act (FTC Act) is the federal government's primary tool against false, deceptive, or unfair advertising. For food, drugs, devices or cosmetics, it prohibits giving out any false ad to induce, or which is likely to induce, any purchase. A false...

Today s entrepreneur dreams have shifted to building the business to a certain scale and selling for a large multiple. The path to the dream seems easy: find an investor or investor group, use the capital to grow the business and capture market faster than by organic growth, and position...

For fiscal year 2005 the personal property in question consisting of telephone equipment and switching machinery was owned by and assessed to Siemens. Siemens leased the equipment to RNK. As the owner on the January 1, 2004 assessment date, Siemens...

It s no secret that many people find love on the job. A 2009 survey found that 31 percent of people responding met their spouse at work and 40 percent have dated a coworker at least once. While many of these relationships never cause concern, workplace romances can impact ...

For a limited liability company ( LLC ) to succeed, its managers should know from the start that they will be subject to fiduciary duties of care and loyalty in performing their management responsibilities. While LLC members must be fair to their managers, they also must...

Tight credit markets have made many companies turn to third parties to help raise capital or sell all or part of the business. Usually called business brokers or finders, they often show long lists of industry connections and extensive experience....

Employers must pay their hourly workers for all "hours worked." This includes all time spent primarily for the employer's benefit, including a secretary's time spent surfing the Internet while waiting for an assignment. "Hours worked" also includes work done off premises as long...

The skyrocketing cost of healthcare and health insurance together with longer life expectations and increasing chronic disease in older age means that health benefits promises are worth more than they used to be; and therefore worth litigating about...

In today's marketing environment, one thing has not changed for brand owners. They are obliged to take reasonable measures to police uses of their trademarks to protect the public from deception and their rights from erosion. Today, they face new challenges in combating cybersquatting...