Employee vs. Independent Contractor: Legal Differences, Business Risks, and How to Structure the Role You Actually Want Hiring someone to work for your business isn’t just a question of “who”—it’s also a question of how. Whether you classify a worker as an employee or an independent contractor carries major legal, financial, and operational consequences. And […]
Does Your Privacy Policy Go Far Enough? U.S. and International Laws You Shouldn’t Ignore In a global economy where data flows across borders in milliseconds, privacy compliance isn’t just a legal checkbox, it’s a reputational and operational imperative. For U.S.-based businesses, especially those serving online audiences, knowing how to draft a legally compliant privacy policy […]
AI and Contracts: Why You Need Waiver and Limitation of Liability Provisions for AI Tools If your business develops, licenses, or integrates AI tools (in software, content generation, or automated services, for example) your contracts need to address risk head-on. That starts with clear waiver and limitation of liability provisions specifically tailored for AI-driven uncertainty. […]
How to Recession-Proof Your Business with Smart Legal Strategies Economic downturns don’t send invitations; they arrive unannounced, disrupt your cash flow, and test the resilience of your business model. But while recessions are unpredictable, your business’s response doesn’t have to be. With the right legal strategies in place, you can position your company to absorb […]
Previously, we introduced alternative dispute resolution and reviewed the approach to mandatory mediation clauses in business contracts. Arbitration is, of course, the other main body of ADR. And like mediation, arbitration can be written into a business contract in hopes of avoiding litigation and streamlining the resolution process. But mandatory arbitration has its own pitfalls […]
Dispute resolution has a favorite son, and despite Americans’ litigious nature, it’s not the courtroom. Alternative Dispute Resolution, or ADR, is a combination of the informal mechanisms of mediation and arbitration which provide an alternative to trial and alleviate much of the burden on the U.S. court system. The already overwhelmed judicial system has thoroughly […]
There are plenty of reasons for “agreeing to agree.” The future is hard to forecast; we don’t want a hang-up to impede a venture in the here-and-now; and a dozen others. I don’t need to tell you that this invites uncertainty into your business relationships. But at what point does an agreement rife with future […]
As it turns out, there is some truth to the old cliché that contracts are made to be broken. But not all contracts, and not all the time. The law recognizes that sometimes the ability to cancel a contract works in the public interest: sometimes a consumer buys a good or service in high pressure, […]
Employment at will – the right to terminate a work relationship for any reason or no reason at all – is a state law concept structured to give both businesses and workers flexibility and mobility in the workforce. From an employer’s perspective, employment at will gives great latitude to how businesses manage staff: from seasonal […]
Over the last three years, two personal injury cases on divergent courses made national news. In Pennsylvania, 63-year-old Patricia Evans fractured her wrist while doing “suicide runs” – a set of intense agility movements – under the direction of an LA Fitness personal trainer. In Missouri, Jonas Barrish damaged a spinal disc when he disregarded […]
