Author Archives: Jay Butchko
What are ADA Testers and Do They Have Standing?
You may already know of the Americans With Disabilities Act (ADA), as a law that protects people at work, and which requires that reasonable accommodations be made in the workplace in order to accommodate those with disabilities. But even outside of the employee employer relationship, the ADA has strict requirements on buildings and constriction,… Read More »
Don’t Make These Mistakes in Your Loan Agreements
Loan agreements are easy to draft, aren’t they? This includes how much is being loaned and how much and when the money has to be paid back. Pretty straightforward. Except it’s not. There can be a lot of terms, conditions, or wording in your loan agreements which can get you in trouble regardless of… Read More »
How Courts Determine What Lost Stock or Shares are Worth
In many business law and employment law cases, the measure of damages is the value of lost stock, or the diminishing of value of stock or shares. But unlike money that is due or unpaid on a contract, company stock can be a lot harder for a court to value. As anybody who owns… Read More »
Understanding the Limits of Corporate Attorney Client Communication
If you have a business, and you have a corporate attorney, you’re doing a good thing. But many companies lose some of the benefits of having an attorney for their businesses because they don’t understand the limits and the rules surrounding confidentiality, privilege, and having a company attorney. Who Does the Lawyer Represent? Yes,… Read More »
Make Sure You Properly Serve Defendants
If you have a lawsuit, there’s nothing that will derail your suit faster than not properly serving a Defendant. Serving a lawsuit is a specific process rooted in constitutional protections. The failure to properly serve someone can lead to the judgment you obtained being thrown out. Why Service of Process Matters As a rule,… Read More »
Bad Reviews and Online Defamation: How To Handle it When it Happens to You
The ability for consumers to review your business online is everywhere. Social media and review sites and apps have given a lot of ownership to consumers. But while some consumers use that power responsibly, some do not. And when consumers use these apps carelessly, it can lead to people saying things about your business… Read More »
Can You Prohibit Former Employees From Contacting Your Referral Sources?
Most business owners understand the importance of protecting those things that make their business run. That may include their trade secrets, customer lists, their time tested processes and procedures, and all the things that just make their business work. But what about your referral sources? Is it possible to tell someone working for you… Read More »
Getting Attorneys fees for Collecting on Your Judgment
You may already know that getting a judgment doesn’t mean actually getting any money. You still have to collect on that judgment. While some Defendants may pay what the court orders grudgingly but quickly, other Defendants either can’t or won’t pay a judgment entered against them. That means that you may need to do… Read More »
Mistakes People Make When Accepting Late Rent Payments
If you own property that is rented out, you may have a dilemma when a tenant needs to make a late payment. On the one hand, tenants are hard to find. So if your tenant needs to pay rent a bit late, you may be smart in not having a knee jerk reaction to… Read More »
Common Errors and Omissions in Partnership Agreements
When you look at them from the outside, partnerships seem so informal. It just seems like a few people getting together to handle a business matter. In fact, the informality that comes with partnerships is one of its major benefits. But that doesn’t mean that you can’t make mistakes—you can. Many of those mistakes… Read More »