This unfortunate circumstance occurs every day: A company, concerned about mounting claims and litigation against it, decides to get rid of its assets by conveying them to the company owners, shareholders and others.
In a typical old-time cowboy movie, there is always a scene where the bad guy says something like, “Give me the deed to your ranch or I'll shoot you.” Without question, the rancher's signature would be obtained by duress and the transaction would be void.
In last month’s column, we outlined the procedure for establishing a risk management plan, a checklist of ways to prevent employee-related losses and the conditions favorable for fraud to occur. Internal crimes tend to follow common patterns.
One droll definition of an expert is any person who lives at least 500 miles away. The Federal Rules of Evidence are a little more expansive. Rule 702 provides that an expert witness is: “a witness qualified as an expert by knowledge, skill, experience, training, or education ...
In 1997, U.S. Customs and Border Protection (CBP) began a nationwide program targeting electrical merchandise with counterfeit Underwriters Laboratories Inc. (UL) certification marks being imported from Asia.
We get so used to terms of art in our professions that we sometimes fail to understand that others do not subscribe to the same definitions. “Field engineering” is one example. Does that term simply mean field routing or does it also imply some degree of design effort?
“We’ve always done design-build. Everybody’s done it. A customer calls you up and says, ‘We want to do this.’ They are usually doing remodels. That’s how it starts. Now we do complete projects, out of the ground. It’s a lucrative, competitive priced method that is fair to all,” said Jeffrey L.
The concept of a covenant not to compete is deceptively simple. During the course of employment, and for some time thereafter, the employee is not to compete with the employer's business within a defined geographic area.
Periodically, it is a good idea to take a look at the Occupational Safety and Health Administration's (OSHA) activities and their plans for the future. This is particularly true following a presidential election.
In November 2004 (“What Did You Read, and What Did You See”), I posed a number of problems for resolution. The problems were derived from past articles on topics ranging from negotiation strategies to liquidated damages.
The “Check Clearing for the 21st Century Act” took effect on Oct. 28, 2004. Recall from last month's discussion that this act, also known as Check 21, is intended to allow for paperless processing of financial transactions.
“The basic purpose of building commissioning is to provide documented confirmation that building systems function in compliance with criteria set forth in the Project Documents to satisfy the owner's operational needs.