Friend Hudak Harris

The issue of whether these class action waivers are enforceable has been a contentious issue. Specifically, federal courts have disagreed whether arbitration agreements containing a class action waiver violate the National Labor Relations Act, thus rendering them invalid and unenforceable. On May 21, 2018, the Supreme Court resolved this issue in Epic Systems Corp. v. Lewis, holding that agreements requiring employees to arbitrate claims on an individual basis are enforceable. Here’s what you need to know.

On March 28, 2018, a federal judge in Atlanta excused Fulton County’s insurance company from paying more than $6.5 million. Valuable insurance coverage was lost because the County failed to provide timely notice to its liability insurance company. Insurance policies are contracts between the insurance company and the insured. Those contracts require the insured to […]

Not all parties to contracts are created equal. In fact, more often than not one party to a contract may have considerably greater bargaining power and financial resources than the other party. This can give the stronger party an incentive to misbehave. So how can you protect yourself when you are the “David” in a David v. Goliath scenario? Consider using an indemnification clause to help level the playing field.

The start of a new year provides a time to reflect on past successes and lessons learned. It’s also a time to chart the course ahead to achieve your goals. One important goal for any business is to protect the uniqueness and “brand identity” that distinguishes it from others. And, there is no more valuable asset of brand identity than a company’s trademarks and service marks.

“Additional terms and conditions apply” is a phrase we have all heard from a voice-over on a late-night infomercial hawking vegetable juicers or subscriptions to a knife-of-the-month club. But just what are “terms and conditions” and how are they different from a normal contract? How can you make sure that your business’s “terms and conditions” are binding and enforceable? What if you want to change your “terms and conditions” from time to time?