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  • Article

    Do 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 StatesTechnology
    Berman Fink Van Horn P.C.
    Berman Fink Van Horn P.C.
  • Article

    Providing Services? Pay Attention To These Provisions

    By 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 Property
    Berman Fink Van Horn P.C.
    Berman Fink Van Horn P.C.
  • Article

    Contract 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 Law
    Berman Fink Van Horn P.C.
    Berman Fink Van Horn P.C.
  • Article

    What 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 Property
    Berman Fink Van Horn P.C.
    Berman Fink Van Horn P.C.
  • Article

    Proving Lost Profits: A Primer

    Perhaps 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 & Arbitration
    Berman Fink Van Horn P.C.
    Berman Fink Van Horn P.C.
  • Article

    Court Of Appeals Clarifies Conditions For Tenant's Surrender Of Premises

    Many 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 Construction
    Berman Fink Van Horn P.C.
    Berman Fink Van Horn P.C.
  • Video

    Seller 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 Construction
    Berman Fink Van Horn P.C.
    Berman Fink Van Horn P.C.
  • Article

    Liquidated Damages In Georgia: A Primer

    When 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 & Arbitration
    Berman Fink Van Horn P.C.
    Berman Fink Van Horn P.C.
  • Article

    Business Owners: Help Is Coming! COVID-19 Legislation Provides Relief Funding

    In 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.
    Berman Fink Van Horn P.C.
  • Article

    Employer Alert: Non-Competes Are Under Attack In Certain States - January 16, 2020

    Between the now-infamous Jimmy John's debacle and the Obama administration's call to reduce use of non-compete agreements, ...
    United StatesEmployment and HR
    Berman Fink Van Horn P.C.
    Berman Fink Van Horn P.C.
  • Video

    Termination 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 HR
    Berman Fink Van Horn P.C.
    Berman Fink Van Horn P.C.
  • Video

    Theranos 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 Property
    Berman Fink Van Horn P.C.
    Berman Fink Van Horn P.C.
  • Article

    A Cautionary Tale About An Overzealous Investigation Of Computer Misconduct

    Employers 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 Property
    Berman Fink Van Horn P.C.
    Berman Fink Van Horn P.C.
  • Article

    State Law Developments In Non-Compete Law

    California added LAB § 925 to its labor code, as of January 1, 2017.
    United StatesEmployment and HR
    Berman Fink Van Horn P.C.
    Berman Fink Van Horn P.C.
  • Article

    Defend Trade Secrets Act Update: Court Addresses Immunity Defense

    Enacted 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 secrets
    United StatesIntellectual Property
    Berman Fink Van Horn P.C.
    Berman Fink Van Horn P.C.
  • Article

    FAQs: 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 HR
    Berman Fink Van Horn P.C.
    Berman Fink Van Horn P.C.
  • Article

    DOL Publishes New Proposed Independent Contractor Rule

    The proposed rule aims to provide guidance on classifying workers so that workers are not misclassified as independent contractors.
    United StatesEmployment and HR
    Berman Fink Van Horn P.C.
    Berman Fink Van Horn P.C.
  • Article

    Georgia And Federal Unemployment Insurance Developments

    The 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 HR
    Berman Fink Van Horn P.C.
    Berman Fink Van Horn P.C.
  • Video

    Your 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 HR
    Berman Fink Van Horn P.C.
    Berman Fink Van Horn P.C.
  • Article

    Employee Non-Recruitment Covenants In Georgia: An Important Update

    In 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 & Arbitration
    Berman Fink Van Horn P.C.
    Berman Fink Van Horn P.C.

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