The Blog For Business Law

— By Ron HackDecember 20, 20160 Comments

Employers and Premises Owners Beware: Take Home Asbestos Exposure Liability Expands

Employers and premises owners in California are now liable for asbestos-related cancers and related injuries suffered by family and household members of employees who bring home asbestos dust from their worksites. California joins Tennessee, New Jersey and Louisiana in recognizing property owner’s/operator’s liability for “take-home…

— By Ron WillenbrockDecember 13, 20160 Comments

Consideration: The 3rd Element Needed in Order to Constitute a Binding Contract

In my first two blogs, I covered the 1st and 2nd elements of the five elements needed to constitute a binding contract, whether oral or written. As I noted there are 5 basic elements needed in order to constitute a binding contract. These elements are: (1)…

— By Jace BrothertonNovember 29, 20160 Comments

Texas Trial Court Suspends the Revised White Collar Overtime Exemption Rules

On November 22, 2016, a federal district judge for the Eastern District of Texas issued a nation-wide injunction (see here) suspending the implementation of new regulations increasing the minimum salary level required for the White Collar exemptions from overtime pay (see here). Although technically the…

— By Joseph RolnickiNovember 16, 20160 Comments

Initial Patentability Research at No Cost

When I meet with a client to discuss the possibility of their obtaining patent protection for a new product or process (their invention), the discussion usually begins with my asking if they have done any initial patentability research for their invention. Often, the client has…

— By James W. GallenNovember 8, 20160 Comments

Self-driving Cars: Science Fiction Concept, or Business Game Changer

A device that sounds more like something you would see in a science fiction movie may be coming to our lives in the next several years, and it could change the way businesses and individuals consider liability issues. Those devices are known by several names:…

— By Alex HurstOctober 27, 20160 Comments

What Businesses Need to Know About Potential Liability for Data Security Breaches

Increasingly, it seems that business news headlines are dominated by whatever the latest and biggest corporate data breach is. For instance, Yahoo recently announced that confidential information relating to at least 500 million – and maybe over a billion – of its user accounts was…

— By Gerry RichardsonOctober 20, 20160 Comments

OSHA Raises Penalties, Adopts Electronic Recordkeeping, and Expands Anti-Retaliation Rules

OSHA Raises Maximum Penalties by 178% The Occupational Safety and Health Administration (“OSHA”) has taken several actions in recent months that will significantly affect employers for years to come. First, it revised its Field Operations Manual by raising penalties to adjust for inflation for violations of the…

— By Don V. KellyOctober 19, 20160 Comments

Someone, Please Tell Me What is an Offensive Trademark!

SUPREME COURT TO DECIDE CONSTITUTIONALITY OF RESTRICTIONS ON REGISTERING DISPARAGING TRADEMARKS In this country, rights to a trademark or service mark can be greatly enhanced by obtaining a registration for the mark from the United States Patent & Trademark Office (the “PTO”). To get such…

— By Jace BrothertonSeptember 21, 20160 Comments

Managing Marijuana in the Workplace

Four states (Washington, Oregon, Colorado, and Alaska) and the District of Columbia have legalized marijuana for recreational use. Twenty-one other states (Maine, New Hampshire, Vermont, Connecticut, Rhode Island, Massachusetts, New York, New Jersey, Pennsylvania, Delaware, Maryland, Michigan, Illinois, Louisiana, Hawaii, Minnesota, Montana, New Mexico, Arizona,…

— By Ron HackSeptember 14, 20160 Comments

The “Plan” in Your Estate Planning

Many potential clients tell me, after I ask them if they have an estate plan in place, “Sure, we did one 10 [or 15 or 20] years ago when the kids were young. Everything is taken care of.” I next ask them when was the…