BANKRUPTCY’S FRESH START

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For small businesses, just as for individuals, bankruptcy should dispose of all disputes with their creditors.  A discharge under Chapter 7 or confirmation of a payment plan under Chapter 11 marks the end of that journey. But that does not always keep some sneaky creditors from trying their hand at pursuing the matter in State Court anyway.  With a good … Read More

WHAT TO MY WONDERING EYES SHOULD APPEAR…

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… but a massive, enormous, extravagant Christmas lights display on what used to be a quiet residential corner. In an era when enterprising people organize paying “tours of homes” driving past greatly decorated houses in town, is that appearance awesome? Or should sleigh riders beware of scowling homeowners lurking behind windows, shotgun in hand, cursing the disruption to their neighborhood? … Read More

THE SCOURGE OF PROFESSIONAL PLAINTIFFS

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The ADA is a noble law, and not just for bleeding-heart types of reasons. Certainly, it is primarily motivated by the emotional desire to see those among us suffering from a disability enjoy the same opportunities as everyone else. But it also seeks to do so reasonably. On the employment side, it insists on a dialogue and asks employers to … Read More

BUT WE’RE FAMILY!

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We’re all family.  We all get along.  So we don’t need to pay a lawyer to prepare all kinds of paperwork for our family business. Right? But consider an otherwise obscure Florida Supreme Court’s case, the first sentence of which, stripped of a forest of names in quotation marks and parentheticals, reads like this: “This case comes to us after … Read More

YOU’RE ON JURY DUTY. NOW WHAT?

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If you have been selected for jury duty, a New York Times headline might have grabbed your attention.  It said that “Jury Secrecy Doesn’t Apply if Bias Taints Deliberations.” This is inaccurate, if for no other reason that there is no such thing as jury secrecy.  Once the verdict is announced, jurors are free to tell one and all what … Read More