Construction firms and contractors looking to bid on government projects can take heart from a recent ruling by the Colorado Court of Appeals. It said that the Colorado Open Records Act (CORA) applies to all documents for public use, even if a third party holds those...
Business Litigation
Can employers face both direct and vicarious liability?
The Illinois Supreme Court recently rejected the McHaffie rule. This rule prevented plaintiffs from raising claims of direct liability against businesses that had already admitted vicarious liability for their employees’ actions. The rule originated in 1995 with the...
What is the major questions doctrine?
The media focus on the Supreme Court’s recent ruling in West Virginia v. EPA has fallen mostly on how it weakened the EPA’s ability to fight climate change. However, that’s not all it did. Business owners might be interested in how the Supreme Court used the case to...
Federal transportation laws may give employers ready defenses
Because both people and freight must move freely across the country, operating a transportation business is often a lucrative endeavor. Still, trucks, buses and trains can be dangerous for employees, customers, vendors and others. Eventually, many transportation...
How shareholder disputes may arise
In a private company, voting shares are typically held by a small group of individuals representing majority ownership. Minority shareholders, on the other hand, may have far smaller investments in the company. While minority shareholders may be comfortable having...
Savvy business owners have an inspection strategy
If you are a business owner, your primary goal is keeping your customers happy by providing an in-demand product or service at a reasonable price. Unfortunately, though, a premises liability lawsuit may quickly occupy a significant amount of your mental energy. You...
The 2020 plight for businesses: Profits are down while lawsuits are on the rise
For The Defense, a national monthly magazine that provides articles pertaining to civil litigation, recently profiled an article that featured one of the most difficult tasks facing lawyers today: defending COVID-19 exposure claims for their business clients. Written...
How does scenario analysis prevent contract disputes?
Developing business contracts for your company plays just as important of a role as enforcing them. The process you follow to create content and verify understanding can help to prevent costly disputes in the future. A contract dispute can hurt a lot of aspects of...
Will your small business survive if faced with a lawsuit?
Many business owners will face a lawsuit at some point in their careers and the consequences can be devastating. If you are a small business owner, would your company survive having to defend against a lawsuit? It is a good idea to understand what might happen and to...
What are some common defenses against a breach of contract claim?
When two parties enter into an agreement in which certain obligations must be fulfilled, it is a business contract. However, one party fails to fulfill its requirements, it is known as a breach of contract. Depending on the terms of the agreement, a breach of contract...