The Chicago Picasso in Daley Plaza, copyright 2023 Harshman Ponist Smith & Rayl Lawyers and others often say that “may” is permissive and “shall” is mandatory. By that, they mean that when a statute says a person “may” do something, that person has the discretion to do it or not,…
Update: Senate Bill 7 dealing with physician noncompete agreements was signed into law by the governor but in a form that differs significantly from the originally introduced version described in this article. Click here for a discussion of the final version of Senate Bill 7 that goes into effect on…
From a legal perspective, auctions are interesting transactions. Offer and acceptance in most sales Let’s start by discussing an ordinary contract for the sale of goods, one not created at auction. Law students learn in their first year that the formation of a contract requires, among other things, offer…
The limited liability company is a relatively new form of business entity, with most state statutes adopted in the 1990s. In just a few years, they overtook the corporation as the most common structure for new businesses. A reason for the LLC’s popularity is that the it combines some of…
As we discussed in a recent post, the Families First Coronavirus Response Act (“FFCRA”) requires small businesses to paid employees for time away from work for various reasons related to the coronavirus epidemic. The FFRCA provides two types of benefits. Employers must pay an employee at his or her regular…
[For an update based on agency guidance please see Small Businesses Receive Help with Coronavirus Paid Leave.] On March 18, Congress passed, and the President signed on the same day, the Families First Coronavirus Response Act (FFCRA) that, among other things, requires employers to give employees paid time off for…
In a recent post, we discussed Rainbow Realty Group Inc., v. Carter, in which the Indiana Supreme Court considered whether a particular “rent-to-buy contract” was a land contract or a rental agreement. The court held that the transaction was a rental agreement, notwithstanding language in the contract that the transaction…
If you’re as old as I am, you might remember the television commercial in which twin sisters argued about the nature of Certs. One said, “Certs is a candy mint,” and her sister countered, “Certs is a breath mint.” A booming male voice over said, “Stop. You’re both right. Certs…
Suppose you sue a corporation or a limited liability company and win, but the defendant has no money to pay your award and no other assets you can execute against. Is that a factor that justifies piercing the veil to make the owners of the company pay your award? The…
A few weeks ago, we hired a contractor to do some painting at our house. As many contractors do, he put a sign in our yard while he was there. He didn’t ask us for permission, but if he had we would have given it to him. A few days…