Category: Articles, Business & Commerce, Employment, Financial/Economic, Resources for Attorneys, Safety “Joint Employer” Ruling Continues to Cause Disturbing Legal Consequences for Franchisors TASA ID: 11532 This article appears as an update to previous editorials expressing my viewpoints relative to escalating franchise litigation globally. Three years ago, the National Labor Relations Board overturned a long-standing rule: An employer of its own workers could not also be viewed as the “joint employer” of the workers of companies it relied upon to supply it or to perform other functions it would otherwise need to do itself. Read more
Category: Articles, Business & Commerce, Financial/Economic, Resources for Attorneys Franchise Litigation Continues to Grow TASA ID: 11532 The franchise relationship between franchisor and franchisee is becoming fraught with problems leading to increased litigation in recent years. Two legal theories that have come to the forefront in the franchise litigation arena are “joint employer” and “vicarious liability.” Read more
Category: Articles, Business & Commerce, Communications, Marketing, Media, Resources for Attorneys, Resources for Experts PLAYING THE “MEDIA CARD” An Invaluable Weapon Often Critical to Litigation Success TASA ID: 2156 It is six weeks until the five year anniversary of the filing of a $14 million construction defect lawsuit and the plaintiff’s law firm has run out of legal options. The presiding judge of a Los Angeles Superior Court branch has put out the word that he will let the suit “die” because he didn’t have a courtroom large enough and wasn’t going to tie up a judge for six months. Read more
Category: Articles, Business & Commerce, Communications, Marketing, Media, Resources for Attorneys From Fantasy To Reality: A Time For Awakening TASA ID: 2156 Once upon a time, those who dispensed legal counsel and services were able to build successful businesses because they worked hard, served their clients well, had good reputations and were reasonably visible in the community. They found work through people they knew, referrals by other professionals or through people they met in organizations. Read more
Category: Articles, Business & Commerce, Communications, Marketing, Media, Resources for Attorneys, Resources for Experts Defamation: The Stain That Can Never Be Removed TASA ID: 2156 Defamation is a form of negative communications which is easy to apply but nearly impossible to completely remove. Defamation is defined as “the action of damaging the good reputation of someone. Defamation results from some form of negative communications, whether written (libel) or verbal (slander). Negative communications are extremely powerful and in, most instances, difficult to counter or overcome – mainly because of human nature and psychology. When some person, business or entity is defamed, there are factors that come into play that generally are irreversible. Read more