A law firm that jettisoned a longtime client in order to hire lawyers representing a party suing that client violated the “hot potato doctrine,” a U.S. District Court judge has determined. The judge found that the doctrine, which bars attorneys from dropping one client in favor of another with adverse interests, disqualified Greenberg Traurig, along...
In the past, we have written about the impact of social and technological trends on the Rhode Island market and economy which eventually influence the law. Indeed, regardless of the form of law—statutory or judicial—neither is immune from these winds of change. In neighboring Massachusetts, a legal development in its workers’ compensation law may make...
Effective August 1, 2016, OSHA fines will increase dramatically. The maximum fine amount per violation has not increased since 1990. President Obama signed into law a “catch-up adjustment” that increases maximum fine amounts by 78% (i.e., the difference between the October 2015 and October 1990 Consumer Price Index). Thereafter, the maximum fine increases will be...
As seen in the New England Real Estate Journal , June 17 – 23, 2016 edition. For those who negotiate construction contracts, we know some terms are much harder to negotiate than others (e.g., indemnity clauses, no damage for delay, warranties, assignment rights, etc.). Invariably, however, one of the toughest terms is the liquidated damage clause. In...
As seen in Providence Business News, June 17, 2016. Crossing your fingers and hoping you are not hit with a cyber attack is not the best line of defense for any business. Recent government enforcement actions, particularly in the financial-services industry, make it clear that hackers are not the only eyes scanning your security protocols and safeguards....
As seen in the New England Real Estate Journal , June 17 – 23, 2016 edition. For those who negotiate construction contracts, we know some terms are much harder to negotiate than others (e.g., indemnity clauses, no damage for delay, warranties, assignment rights, etc.). Invariably, however, one of the toughest terms is the liquidated damage clause. In...
As seen in the Providence Business News on June 10, 2016. Every business owns valuable intellectual property (IP) which should be protected. Unfortunately, the day-to-day rigors of running a successful business typically push IP protection to the bottom of the to-do list. If you are selling or buying a company, IP protection issues quickly become part of...
As seen in the Providence Business News on June 10, 2016. Every business owns valuable intellectual property (IP) which should be protected. Unfortunately, the day-to-day rigors of running a successful business typically push IP protection to the bottom of the to-do list. If you are selling or buying a company, IP protection issues quickly become part of...
As it appeared on May 26, 2016 on the ABA website, Section of Litigation Commercial & Business Practice Points. One question faced by creditors of a consumer debtor in bankruptcy is how to reach what is often their most valuable asset, their home. The Bankruptcy Code and state laws provide exemptions for property—or for up...
As it appeared on May 26, 2016 on the ABA website, Section of Litigation Commercial & Business Practice Points. One question faced by creditors of a consumer debtor in bankruptcy is how to reach what is often their most valuable asset, their home. The Bankruptcy Code and state laws provide exemptions for property—or for up...
