The fate of the Los Angeles Clippers has been unsure ever since the owner, Donald Sterling, made headlines with some racist remarks he made that were recorded and released to the media. On the tape, Sterling is heard deriding his girlfriend, V. Stiviano, for having her pitcture taken with black…
As Americans, we love to cite the First Amendment of our constitution any time someone doesn’t like what we say. The one that says that we can say whatever we want without worrying about prosecution. In reality, though, that’s not quite true. The First Amendment does indeed protect freedom of…
In the United States, we have multiple venues for addressing conflicts. Lawsuits that are filed can be handled by either the state or the federal courts or if there is an arbitration agreement preventing use of the courts through a private trial. In general, federal courts only handle large cases…
With the invention of cell phones and prepaid plans, people suddenly found themselves getting charged for promotional calls and texts made by various companies. Cold calling was a standard sales technique for most companies for decades, and while some consumers may have found them obnoxious, they were never actively harmful.…
For decades, calling customers, or potential customers, about a promotion was standard practice for most companies. Of course, many consumers found this to be annoying, but it was never overtly harmful. That changed with the advent of cell phones and prepaid plans. When landlines were the norm, the caller paid…
Although there are laws in place to prevent entities and citizens from harmful comments, such laws have to tread carefully to avoid stepping on the toes of the First Amendment to our constitution. The line got even thinner when the Internet was developed. Now people are free to broadcast their…
Non-compete clauses have been included in employee contracts for decades now. These provisions ensure that employees do not walk off with valuable trade secrets or client lists and take them to a competitor. Putting such a clause in employee contracts makes sense, but only up to a point. A…
With American legislature changing on a daily basis, it is not surprising to find that many of the laws out there contradict each other and courts are often called upon to determine which statute takes precedence. Such was the case in a recent lawsuit involving auto-calls made on behalf of…
Companies need investors to fund the company’s progress. As a result, in the same way that companies try to play up the positive attributes of a product they are trying to sell, while leaving out the negative, so companies often paint themselves in a better light to try to attract…
The federal Fair Labor Standards Act (FLSA) applies to all employees working in the United States and regulates things like minimum wage and overtime. For example, under the federal law, all hourly employees must be paid at least $7.25 per hour. Any time that an employee works more than eight…