LSchneider

Peddling and Soliciting, Municipal Regulations These Issues Can be Complex. Is Your City Clear on These Points?

(January 8, 2013):  As a general rule cities can regulate hawking, canvassing, peddling and soliciting within city limits. International Society for Krishna Consciousness, Inc. v. Lee, 505 U.S. 672, 112 S. Ct. 2711, 120 L. Ed. 2d 541 (1992).  The public policy that allows cities to regulate peddlers or the solicitation of contributions is to prevent …

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Liquidated Damages – Don’t Take a Bath When You Cancel a Contract

(April 5, 2012): Your business may often enter into contracts for services, or a lease contract for machinery or for space. These contracts are usually for a certain term or length of time.  Halfway through the term, you decide that you are not receiving what you were promised when you initially entered into the contract.  …

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Beware of Small Print – It Can be Bad for Your Wallet

(February 6, 2012): You consult with an attorney, do all the necessary due diligence, start a company or corporation, and finally begin doing business.  You execute many contracts for services or supplies, signing as the “president” or “manager’ of your corporation.  You assume that each contract is between the corporation and the service provider. Later …

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“There is a Fiduciary Duty Here. It’s Really Inconceivable to Us.”

(February 3, 2012): Many folks or businesses agree to manage another person’s interests, money or business. When this happens there is a fiduciary duty that attaches to the person or entity managing the other person’s interests, money or business matters. The acceptance of a fiduciary duty can occur, for example, by being a General Partner …

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“A Verbal Contract Isn’t Worth the Paper on Which it is Written.”

(November 21, 2011): After twenty years of practicing law, I still receive many calls from folks who have had a deal gone bad, money taken, partnerships that defrauded them, et cetera; of course, the first thing I ask is what did the contract say? The response I most often hear is, “there is no written agreement” …

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Arbitration Provisions in City Contracts

(September 6, 2011):  When is the last time you examined the contractual provisions set out in contracts entered into by your city or municipality? Arbitration provisions can be very problematic and a city or municipality should think twice before voluntarily agreeing to arbitration or including such provisions in a contract with an outside party. Why are …

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Liles Parker Welcomes Paul Weidenfeld to the Firm

(June 15, 2011):   Liles Parker is pleased to announce that attorney Paul Weidenfeld has joined the Firm as “Counsel” at the Firm.  In joining the Firm, Mr. Weidenfeld has further broadened the scope of Liles Parker’s litigation expertise. Prior to entering private practice, Mr. Weidenfeld served as “National Health Care Fraud Coordinator” at the Executive Office for U.S. …

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What You Need to Know Before Signing a Physician Employment Agreement.

(June 9, 2011):  After 20 years of practicing law I can say that most phone calls I receive from a potential client are after a contract has been signed. Unfortunately, today’s physician employment agreements are multiple pages long with small print and certainly not written for easy reading or common sense applicability.  Contracts are certainly a …

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Hotel Occupancy Tax Funds – Management and Duty – Part III of III

(March 30, 2011): In Part I, the Hotel Occupancy Tax (“HOT”) was defined and examples of how it can be used were given. Part II examined the two-part test to determine if a proposed expenditure of HOT funds meets the purpose of the HOT tax. Many cities will hire a third-party firm or organization to …

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