U.S. SUPREME COURT RULES PROPERTY OWNERS CAN NOW GO DIRECTLY TO FEDERAL COURT TO CHALLENGE TAKINGS BY STATE AND LOCAL GOVERNMENTS On June 21, the U.S. Supreme Court in an abrupt about face overruled nearly forty years of precedent holding that real property owners have the right to go directly to federal court to file claims for violations of the U.S. Constitution’s 5th Amendment takings clause when local governments take private property for public use without just compensation. In Knick v. Township of Scott, the Court held real property owners are not required to first exhaust their state law remedies [...]
If you’re the CEO, a board member, or other guardian of a company’s interests, your duties include assuring the company’s employees (current and former) are not acting against the company’s interests, in violation of his or her fiduciary duties. We frequently receive calls from board members, heads of business, and C-level executives who have discovered unfaithful conduct of an executive or trusted high level employee that has seriously damaged, or threatens to damage, the company. Your Executives and Key Employees Have Duties to the Company In many jurisdictions, certain managers, as well as select other employees in sensitive positions, are [...]
If you are the CEO or owner of a real estate development company, or of a general contracting company, you may be faced with injury claims to parties or property based on faulty construction. You count on contractors to provide adequate defenses and indemnification that will protect you from for those claims. Recent changes in the law may change that protection. It’s important to understand the changes, and know who to call should you find yourself in a position of unexpected liability as a result. State statutes of limitations and statutes of repose are designed to bar an allegedly injured [...]
Is Your Legal Malpractice Claim Barred by a Statute of Limitations? Make Sure You Preserve Your Valuable Claims.
You are the CEO of a closely held company and you suspect your attorney has made a mistake that either caused a major deal to collapse or resulted in important litigation being lost. Is your lawyer to blame? Whether or not your lawyer is responsible, and whether or not you even suspect that his or her negligence may have caused you harm, the clock may be ticking on a legal malpractice claim. One of the first considerations of any businessperson considering legal malpractice should be how long does my company have to seek a remedy for the harm potentially caused [...]
Over the years, I have heard from many business executives—usually long after the fact—who felt powerless when a key employee walked out the door to a competitor unencumbered by a non-compete agreement. As a consequence, usually no timely, proactive steps were undertaken by these former employers to protect their company’s interests from unfair competition. I gently advise these executives that their “toolbox” for dealing with such employees is not limited to non-compete agreements. This is most fortunate, given the simple fact that many non-compete agreements are not worth the paper they are printed on. Why? Most courts consider non-compete agreements [...]
In baseball, there are many ways you can try to hit a curveball. There is plenty of advice about the best way to hit one but, since each one is different, the most important steps for every curveball are to quickly recognize it for what it is, confront it, and then decide how best to decisively attack it. If your business owns or works with real estate, you are probably used to many of the common legal conflicts being predictable, and thus manageable. Mortgages, leases, zoning restrictions … they can all lead to different types of litigation. Real property law [...]