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STRAIGHT TALK is our regularly updated newsletter for the time-concious
business professional. Each issue features "Business Briefs"
on topics of current interest in various areas of business and the law.
We will also preview important free seminars and provide information on
other events at McCue Pauley & Associates. Click on any topic of interest to review
the complete article or to learn more about an event.
If
you have questions or comments regarding our services, an article or event
that you've seen here, please Contact Us.
As Business Lawyers for Business People, we would be honored to serve you. -- McCue Pauley & Associates
(Click Here for an Index of All Articles)
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WEBSITES AND DISTANT LAWSUITS
Can your business be sued wherever you advertise
via the web? Systematically doing business in
another state through a website may provide
a proper legal basis for a lawsuit in a distant state.
What are the ground rules regarding web advertising,
and how can it subject you to a lawsuit in a distant state?
Click to read more
HACKERS BEWARE!
Harmful access and damage to computers in
computer networks not only can relate in criminal
charges, but also to substantial civil damages
against the wrongdoer. What can you do if
you're hacked?
Click to read more
SHHHHH!
IT'S A TRADE SECRET!
Got
a certain "something" that gives your business an advantage
over your competitors? If so, you may have a TRADE SECRET
on your hands. In this inaugural issue of STRAIGHT TALK, Dave
McCue takes an in-depth look at confidential corporate
assets and answers these questions: What is a Trade
Secret? How do the courts define it? How is it protected?
And, last but not least, what to do if you discover
someone has liberated yours from the company vault!
Click to read more
THE LIMITED LIABILITY COMPANY (LLC) AS AN ENTITY OF CHOICE
Limited personal liability with potential
tax benefits? When is an LLC a viable
business entity of choice?
Click to read more
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NEW FAIR LABOR STANDARDS - LAWS YOU CAN'T IGNORE
The new Fair Labor Standards Act (“FLSA”) laws will
likely go into effect August 23, 2004. Are you ready?
This short primer will help you get there. Enforcement
of these rules is likely to increase now that the archaic
old formulas are scrapped, so good faith ignorance won’t
be greeted with much sympathy by the Department of Labor.
Click to read more
DISCLOSURE OF INFORMATION ABOUT PRESENT OR FORMER EMPLOYEES
How much to say or not to say? That is the question.
New immunity provisions may protect employer
disclosures, but when, what, and how should disclosure
regarding former employees be made? New rules provide
immunity, but there are traps for the unwary.
Click to read more
EMPLOYEE OR INDEPENDENT CONTRACTOR
A wolf in sheep's clothing? Liability as well as tax
issues arise from misclassification of employees as
independent contractors. Employee tax, social security
tax, wage and hour tax, as well as legal liability can
follow from misclassification. What are the relevant
criteria?
Click to read more
INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS IN THE WORK PLACE
The Texas Supreme Court holds that intentional infliction
of emotional distress rarely applies in the employment
environment. What is it; when does it occur; what can
you do about it?
Click to read more
JURY DUTY IS PROTECTED ACTIVITY
What latitude must employers allow for
protected jury duty? What are the remedies for
wrongful termination? Are there any defenses?
Do threats even count? Can action against an
employee even subject the employer to potential
criminal charges?
Click to read more
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DUTY OF THE REAL ESTATE OWNER/MANAGER TO PROTECT AGAINST CRIMINAL ACTIVITY
How pro-active must the landlord and real estate
manager really be with regard to either known
or potential criminal activity such as, for example,
in apartment complexes? How foreseeable must
criminal misconduct really be? What should the
owner/operator of real estate do to minimize
potential civil damage liability?
Click to read more
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| Alternative Dispute Resolution |
HOW TO AVOID COSTLY LAWSUITS
Alternative Dispute Resolution has become
popular with varying forms of ADR. Various articles
give an overview of ADR, and then individual
analyses of mediation, arbitration, summary jury
trials, and like ADR techniques.
Click to read more
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| International Business Law |
GOING INTERNATIONAL - TO GO OR NOT TO GO, THAT IS THE QUESTION
With increased trade with Mexico, and with
Pacific rim countries, the decision to engage
in international transactions is an important
one. What are the basics of going international?
Click to read more
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KNOW
THY BROKER
If you or your company are thinking about opening a securities
account, or have one already, it is always a good idea to know the
professional history of the people and firms with whom you are dealing.
In fact, the Securities Laws impose a duty of "due diligence" upon
all investors, even before you invest your or your company's hard
earned money. The good news is that this information is publicly
available and easy to access over the Internet. Securities brokers
and firms are subject to the regulations of the National Association
of Securities Dealers, Inc. ("NASD") which provides information
regarding past employment, complaint history and licensure to the
public. This information is available at the NASD's
web site.
Click to read more
DISCLAIMER:
The information contained in this Web site does not constitute legal
advice but is provided for informational purposes only. Review of
this Web site does not create an attorney-client relationship. Information
sent via electronic mail may not be confidential, and may not be protected
by attorney-client relationship.
Copyright
© McCue Pauley and Associates, P.C. 2007
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