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  BEFORE YOU START A BUSINESS . . . Both heart and mind must be working well if the owners of a new small business are to experience success. While it is only human nature–not to mention fun–to indulge one’s imagination about what a new business started from scratch could be like, would-be entrepreneurs need

  AMERICAN TAXPAYER RELIEF ACT OF 2012 At the eleventh hour, Congress averted the tax side of the ominous “Fiscal Cliff” that it faced as 2012 drew to a close. The end result of the intense negotiations was the American Taxpayer Relief Act of 2012 (ATRA). The most publicized part of ATRA prevented scheduled federal

  ADA PRIMER FOR SMALL BUSINESSES The Department of Justice (DOJ) recently revised its regulations implementing the Americans with Disabilities Act (ADA). This revision clarifies some issues that have arisen over the past 20 years and contains some new requirements, including the 2010 Standards for Accessible Design. DOJ has published a document, ADA Update: A

  CRIMINAL BACKGROUND CHECKS ON EMPLOYEES CRIMINAL BACKGROUND CHECKS ON EMPLOYEES It is not a new development in employment law that many employers take into account an applicant’s or employee’s criminal history information, including arrests or convictions, when making employment decisions. Nor is it unprecedented for the federal Equal Employment Opportunity Commission (EEOC) to come

  U.S. SUPREME COURT: ARBITRATION IS THE NEW EMPLOYMENT LAW The employment law component of the docket during the most recent term of the U.S. Supreme Court was dominated by decisions on arbitration. Some of the cases have the potential to affect large numbers of employers and employees.   Allocation of Power In the most

  LITIGATION OVER NONCOMPETE AGREEMENTS Agreements between employers and their employees prohibiting or restricting competition by a departing employee are nothing new, but their use is growing—and not just for the highest levels of management. This trend makes it all the more important to understand the limits that courts have placed on such agreements, with

CAREGIVER BIAS IN EMPLOYMENT Today, it is commonplace for workers to handle both work and caregiving responsibilities for spouses and children, parents and other older family members, or relatives with disabilities. Women still are disproportionately more likely to exercise primary caregiving responsibilities but, in increasing numbers, men also have assumed the dual roles of caretaker

  E-MAILS CAN MODIFY CONTRACTS   We send e-mails so casually and with such informality, even in the business environment, that it is easy to forget that they may carry significant legal consequences. It is only prudent to bear in mind that even e-mails written in the most conversational style may create legal obligations no

  REAL ESTATE ROUNDUP   No-Show Mover Must Make Mortgage Payments A family hired a moving company to pack up their belongings in their home and move them to a new house in another state. The mover packed up everything, but failed to come back for the loading and moving. This was more than merely