Archive: 2012

Federal agencies have been directed yet again to use Alternative Dispute Resolution (ADR) techniques to resolve disputes. This time the Acting Director of the Office of Management and Budget and the Chair of the Council on Environmental Quality have directed relevant departments and agencies to "increase the appropriate and effective use of third-party assisted environmental collaboration as well as environmental conflict resolution to resolve problems and conflicts that arise in the context of environmental, public lands, or natural resources issues, including matters related to energy, transportation, and water and land management."

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EPA's Water Data Project has recently unveiled a new tool to easily access data collected pursuant to the Clean Water Act about water quality in most lakes, rivers and streams anywhere in the US.

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From the New York Post: Dad sues own kid in matter of 'trust'.

Why is it that some lawyers seem to think the courts are designed to solve every problem? Do they think suing someone - even their own children - will intimidate? Dominate? Scare? Resolve the problem?

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Does this heading get your attention? Because it is true, even if the statute allowing this was not designed to produce this outcome.

The strict California mediation confidentiality statute allows this outcome, according to the California Court of Appeals, the second such decision upholding the absolute ban on disclosure of any information if it originated in mediation.

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With any commercial enterprise, there are at least two sides of any question to be considered. In the case of negotiating a publishing agreement, depending on whether you are the creator of the work or the publisher, you will have different goals and therefore different needs to be addressed in the contract. Likewise, whether you are able to achieve some or all of your objectives will depend upon your relative bargaining strength.

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If you are in business, then you definitely have trade secrets, also referred to as proprietary or confidential information. What, if anything, are you doing to protect these valuable assets? To answer that question, it is important to understand what kind of information can be considered a trade secret.

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When I ask a business person for reasons why he or she wants to operate as a corporation, I often hear, "Because I want to limit my personal liability." Clearly, a worthy objective. But what steps are you taking to preserve your individual limited liability? Is it enough simply to file incorporation papers and the various state and federal tax returns to protect your status? Or, are there other steps you should take to safeguard your limited liability?

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The news this fall has been filled with reports of large, well-established companies facing difficult economic circumstances. In a number of highly publicized cases, the federal government (using our tax dollars) has ridden to the rescue. Such relief is unlikely to be granted to the rest of us. That being the case, it is important for you to evaluate how your business will face the economic slow down and what, if any precautionary steps you can take.

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Because software plays an increasingly larger role in the operations of most businesses, the issues involved with licensing the software not only is of interest to the developers but the commercial end users.

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If you run a business today, you cannot escape the good and bad effects that come from the widespread use of digital technology. This expanding use of digital technology, such as software, the Internet, e-mail and the World Wide Web, in the operation of your business has affected your contractual relationships with your customers, suppliers, employees and independent contractors. This article looks at several different contracts with these business contacts and how the agreements can be written to address different issues which you may encounter due to your use of digital technology.

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