WHO AM I?

RothLawBusiness Services

There is so much talk – sometimes uninformed talk – about incorporation that it warrants us addressing it here today. To start with, the term incorporation technically refers only to creating a business corporation.  However, in lay terms, it often also encompasses organizing a Limited Liability Company (an “LLC”).  Now may be a good time, as a matter of fact, … Read More

TIGHT-ROPE WAKING

RothLawAppeals, Business Services, Lawsuits

An old maxim holds that every wrong should have a remedy.  For better or worse, this is not exactly true.  Before one can avail oneself of the courts, two things must happen.  The putative plaintiff must have been wronged and he must have been injured as a result.  Without a concrete injury, Courts will not intervene. What causes a concrete … Read More

(UN?)INTENDED CONSEQUENCES

RothLawAppeals, Lawsuits

Once the U.S. Supreme Court makes a ruling, its decision becomes the law of the land.  It binds all other courts, both state and federal, everywhere in the country.  And as litigants, their lawyers, and the judges take notice, those decisions sometimes take on new dimensions. A few months ago, the Supremes  decided how closely the Courts should scrutinize the … Read More

WHEN A SMALL WIN CAN HERALD A BIGGER ONE

RothLawAppeals, Government Agencies

It seemed a narrow case, one of those of no interest to anyone but the parties involved.  A law that gave the federal government the right to bring trucks into the fields of raisin producers and seize a portion of their crop for price stabilization, a heavy-booted relic of the Great Depression, was at long last struck by the U.S. … Read More

LITTLE GUIDANCE, MANY DANGERS

RothLawAppeals, Business Services

A trustee’s duties are generally the stuff of state law.  But because 401(k)s, among a few other instruments, are federally created, and plan managers have the same duties as trustees, the U.S. Supreme Court occasionally gets to put its two cents in. Alas, with all due respect to the Highest Court, this does not always guarantee the greatest clarity for … Read More