ArticleDo Your Vendors Have A Cybersecurity Strategy?An often-overlooked step in a company's cybersecurity strategy is the failure to manage third party risks. United StatesTechnologyBerman Fink Van Horn P.C.
ArticleProviding Services? Pay Attention To These ProvisionsBy most measures, over three-quarters of the U.S. economy is service based. Chances are high that you or your company are in the business of providing intangible products. United StatesIntellectual PropertyBerman Fink Van Horn P.C.
ArticleContract Ambiguity: I Know What It Says, But What Does It Mean?A contract is an agreement between two or more people or entities to do or not to do something. It has often been said that an oral contract is not worth the paper it is written on. United StatesCorporate/Commercial LawBerman Fink Van Horn P.C.
ArticleWhat Can Your Business Learn From A Fast Food Trademark Dispute?Intellectual property disputes, including trademark disputes, occur more frequently than ever in today's global economy. That is because intellectual property is an essential aspect...United StatesIntellectual PropertyBerman Fink Van Horn P.C.
ArticleProving Lost Profits: A PrimerPerhaps the most fundamental goal of running a business is to earn a profit. When a vendor fails to live up to its commitments, or a competitor interferes with operations...United StatesLitigation, Mediation & ArbitrationBerman Fink Van Horn P.C.
ArticleCourt Of Appeals Clarifies Conditions For Tenant's Surrender Of PremisesMany commercial landlords are faced with a tenant's surrender of the premises. When a tenant breaches a commercial lease by abandoning the leased premises, landlords often wonder...United StatesReal Estate and ConstructionBerman Fink Van Horn P.C.
VideoSeller Misrepresentation in Real Estate? Use Rescission with Precision (Video)In recent blog posts, I discussed important parts of a real estate sale, including selecting a broker and due diligence. United StatesReal Estate and ConstructionBerman Fink Van Horn P.C.
ArticleLiquidated Damages In Georgia: A PrimerWhen drafting or negotiating a contract, it may be tempting to include a fixed amount to be paid if the other party breaches the contract. This type of provision is called a liquidated damages clause.GeorgiaLitigation, Mediation & ArbitrationBerman Fink Van Horn P.C.
ArticleBusiness Owners: Help Is Coming! COVID-19 Legislation Provides Relief FundingIn historic legislation, Congress passed the Coronavirus Aid, Relief, and Economic Security Act (the "CARES Act"). United StatesCoronavirus (COVID-19)Berman Fink Van Horn P.C.
ArticleEmployer Alert: Non-Competes Are Under Attack In Certain States - January 16, 2020Between the now-infamous Jimmy John's debacle and the Obama administration's call to reduce use of non-compete agreements, ...United StatesEmployment and HRBerman Fink Van Horn P.C.
VideoTermination Checklist Part 2: Tips From The NFL's "Black Monday" (Video)In my previous video, I discussed the importance of effectively managing employee performance. I shared this information on the heels of the NFL's "Black Monday."United StatesEmployment and HRBerman Fink Van Horn P.C.
VideoTheranos Whistleblower Claims "Fraud Is Not A Trade Secret" (Video)Where's the line between legitimately protecting your business's trade secrets and misusing a trade secret to conceal fraudulent activity?United StatesIntellectual PropertyBerman Fink Van Horn P.C.
ArticleA Cautionary Tale About An Overzealous Investigation Of Computer MisconductEmployers often assume they are empowered to exercise broad discretion when investigating employee computer misconduct, especially when employees are suspected of using company emails...United StatesIntellectual PropertyBerman Fink Van Horn P.C.
ArticleState Law Developments In Non-Compete LawCalifornia added LAB § 925 to its labor code, as of January 1, 2017.United StatesEmployment and HRBerman Fink Van Horn P.C.
ArticleDefend Trade Secrets Act Update: Court Addresses Immunity DefenseEnacted in 2016, the federal Defend Trade Secrets Act (DTSA) provides a federal cause of action for trade secret theft. The DTSA was a significant development because it put trade secretsUnited StatesIntellectual PropertyBerman Fink Van Horn P.C.
ArticleFAQs: What To Do If You Receive A DOL Wage And Liability Inquiry Form?If you engage workers as independent contractors, you may be faced with a Department of Labor (DOL) Wage and Liability form one day. United StatesEmployment and HRBerman Fink Van Horn P.C.
ArticleDOL Publishes New Proposed Independent Contractor RuleThe proposed rule aims to provide guidance on classifying workers so that workers are not misclassified as independent contractors.United StatesEmployment and HRBerman Fink Van Horn P.C.
ArticleGeorgia And Federal Unemployment Insurance DevelopmentsThe Georgia Department of Labor (GDOL) continues to update its systems to distribute federal Unemployment funds as part of the CARES Act bringing economic relief to many Georgians.United StatesEmployment and HRBerman Fink Van Horn P.C.
VideoYour Company Has Received An EEOC Charge – Now What? (Video)Receiving and responding to an Equal Employment Opportunity Commission – or EEOC - charge of discrimination can seem like a daunting task. United StatesEmployment and HRBerman Fink Van Horn P.C.
ArticleEmployee Non-Recruitment Covenants In Georgia: An Important UpdateIn recent weeks, we have heard from many of you regarding the recent decision from the Georgia Court of Appeals on the enforceability of employee non-recruitment covenants.United StatesLitigation, Mediation & ArbitrationBerman Fink Van Horn P.C.