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Tag Archives: Civil Litigation

Civil Litigation: Multi-tiered dispute resolution clauses: Pre-arbitration procedure

“Everything in its right place.” — Radiohead Mise en place is a French culinary phrase often used in professional kitchens to refer to preparing and arranging the ingredients a chef will require for a meal before service begins. In short, ...

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Civil Litigation: The FDCPA — what you don’t know can hurt you

For attorneys attempting to collect non-commercial debts for their clients, familiarity with the Fair Debt Collection Practices Act (FDCPA) is essential. The unwary attorney serving as a “debt collector” may expose him/herself to liability for failing to strictly comply with ...

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Common law duty of non-solicitation of customers for sellers of businesses

  For good reason, given the volume of litigation generated by them, restrictive covenants in employment agreements attempting to limit or prevent solicitation of customers have received extensive coverage in employment law articles and blogs. Regardless of what an employment ...

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Civil Litigation: NLRB ruling expands definition of “joint employer”

For the past three decades, the National Labor Relations Board has enforced a certain definition of “joint employer” when it came to determining obligations under the National Labor Relations Act (the Act). This definition resulted in finding an employment relationship between ...

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Civil Litigation: A business approach to business litigation

Some business disputes prove to be so intractable, or cause or threaten such severe economic injury, that they require legal action. In many instances, a lawsuit is the continuation, in a different forum, of an existing business dispute that the ...

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