A covenant not to compete is a contract, and as a contract, it needs an offer, acceptance and consideration to be enforceable. When presented at the offer of employment, as long as employment is conditioned upon signing, that is considered enough. In Star Direct v. Dal Pra, the Wisconsin Supreme Court ruled that employers may … Read more
Federal law prohibits anyone other than the American National Red Cross and “its duly authorized employees and agents and the sanitary and hospital authorities of the armed forces of the United States from using the Greek red cross on a white ground or the words ‘Red Cross’ or ‘Geneva Cross.’” The law states that “[w]hoever wears … Read more
Given this two different sets of laws we talked about last week, we have two separate court systems: The federal system and the state system. The federal courts interpret federal law; the state courts interpret their state’s laws. State courts are not allowed to interpret federal law except as to how it impacts state law. … Read more
Giving Tuesday was created as a vehicle to channel all of the good will and spending from the holiday season into charitable organizations. A charitable organization are usually tax-exempt organizations under section 501(c)(3) of the Internal Revenue Code, and, thus called 501(c)(3)’s. Organizations that are accepted by the IRS to be tax exempt under section … Read more
In the running for the most asked question of 2016 is “How do I pick a good lawyer?” I have been asked this again and again by people. My best answer is “Ask questions!” First, ask people you trust: Who do you use? Do you like them? Do they listen to you? Are they … Read more
A stereotypical date night out includes dinner, drinks, and maybe dancing to a band. Turns out that is also a stereotypical list of licenses you need to get if you are starting a place where people will enjoy those behaviors. The license that I, at least, hear the least about is the Entertainment License. In … Read more
Non-compete and non-solicitation provisions have been in my mind lately. Almost like I had a presentation on them recently. Usually, I get asked by employees about the limitations placed on them and by employers how they can use this tool to be fair to employees and contractors but still protect the company’s assets. A question … Read more
Turns out, it isn’t girls who run the world, but contracts that do. Sorry, Beyonce You can barely get through a week without agreeing to one whether it is getting a cell phone, signing up for a new social media account, or getting an oil change. The Sveriges Riksbank Prize in Economic Sciences in Memory … Read more
One provision often found at the end of a contract discusses jurisdiction, venue, and choice of law. It is one of those paragraphs that you probably skipped over and maybe even called boilerplate. But, guess what, it could matter a whole lot if the parties get involved in a lawsuit. First, let’s talk about jurisdiction. … Read more
Intellectual property rights all come with their very own symbols. They are signs to others about what type of rights are being claimed. I am sure you have seen them, but not everyone is sure which symbol belongs to which right. So let’s go back to grade school, do a matching game. Didn’t know there … Read more