The latest development in a lawsuit against Visa, Mastercard and other major credit card issuers regarding their credit card fees involves Staples. In May of 2024, we reported that the Court of Appeals for the Second Circuit approved a $5.5 billion settlement in the case of In re Payment Card Interchange Fee and Merchant Discount … Read more
On January 1, 2024, the federal Corporate Transparency Act (“the CTA”) went into effect mandating that “reporting companies,” which include most corporations and limited liability companies disclose their beneficial owners to the Financial Crimes Enforcement Network (FinCEN). The law was challenged in multiple jurisdictions and found unconstitutional by one court in early 2024. Most recently, … Read more
Complex business transactions often require multiple agreements to address different parts of the transaction. As an example, the package of documents for the sale of a small business could include a contract of sale; agreements containing confidentiality provisions and restrictive covenants; an agreement for post-closing transition services to be provided by the seller; and/or an … Read more
Many transactions require parties to provide financial statements for review. This can include businesses seeking loans or investors, cooperative or condominium sponsors, companies who owe performance royalties and other parties. However, all financial statements are not created equal. One primary difference is the level of review and verification of the underlying financial data undertaken by … Read more
If you have a business that accepts Visa and Mastercard, you may be able to get a refund of some of the fees you paid in the past. The In re Payment Card Interchange Fee and Merchant Discount Antitrust Litigation, or more colloquially known as “Swipeopoly”, was an action brought by a class of merchant … Read more
Non-competition agreements are fairly common in certain types of jobs and industries. Because they restrict an employee’s future employment prospects, typically, these contracts are limited in that they only apply for a specific length of time and/or a reasonable distance from the previous employer’s business location. However, in recent years, some states are going so … Read more
When employees cause harm to third parties, those parties often seek to hold the employer responsible. Employees often rely upon the names and reputations of their employers to open doors to client relationships and to create an assumption of skill and trust. If an employee abuses that access, the employer may be held liable to … Read more
If someone is injured by an employee, there may be grounds for suing the employer for negligent hiring and retention of that employee. However, there are strict requirements for bringing a claim which can be difficult to establish, as we discussed in a prior blog post involving a lawsuit against a church. In that case, … Read more
In litigation, it is important to determine not only who did what to whom, and what damage resulted, but also who can be held legally responsible for the conduct. The latter issue commonly arises when an employee causes injury to another party and the suit seeks to hold the employer liable for the employee’s actions. … Read more
An insurance application typically requires applicants to answer several questions which allow the insurance company to assess whether it will provide insurance and, if so, how much it will charge. Applicants must be careful about how they respond because if they lie or make a “material misrepresentation” they risk losing coverage. It is well-settled law … Read more