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Many employers routinely include mandatory arbitration agreements for resolving employment disputes with their employees. To the surprise of many employers, such clauses are often ruled invalid. To help assure that your agreement requiring arbitration of employment disputes is enforceable, be aware of the following factors: Consider using a separate, stand-alone agreement. Especially in the context of…READ MORE
Much is being made of the use of the so-called “archaic” word “Lodestar”, a 14th century word used by an anonymous op-ed penned by an anonymous White House official critical of the President, according to the Washington Post. The word lodestar is not a mystery to lawyers, however. As recently explained by the Court…READ MORE
When you are negotiating a contract, what is the best way to anticipate and protect yourself from a potential dispute? As common as it is to insert a simple arbitration clause, it is not necessarily the best way to go. With such a provision, you are usually limited to using arbitration only to resolve a dispute or…READ MORE
Federal courts have historically ruled on issues that affect land and river ownership, and often such decisions impact outdoor companies and recreation outdoor enthusiasts. On February 22, 2012, the Supreme Court issued a decision in PPL Montana, LLC v. Montana which could impact recreational kayak, canoe, and raft paddlers. The case addressed whether the State of Montana…READ MORE