Year 5: We Beat The Statistic!

Year 5: We Beat The Statistic!

The big new announcement for this year is something that probably should’ve already been a thing this whole time. We’re moving into video. Well, not so much “moving” as “including.” You may have noticed the blog has been getting less content. We want to make sure we’re appealing to those who want to consume the written word as well as the spoken word. We’ll be looking into unique blog posts that you can only find written, but also turning our (soon-to-exist) video works into blog posts as well. We hope you stay tuned to our social channels and we look forward to serving you in an entirely new medium.

NFT's: A Contract Law Perspective

NFT's: A Contract Law Perspective

Now, what about the example of poorly drafted terms and conditions? Going back to the privity of contract example involving a private golf club: What if now the NFT provided access to a person (like a famous celebrity who is selling an NFT that lets the buyer hang out with them for a day)? If the NFT is sold, does the celebrity now have the hang out with the new Buyer? Maybe. If they don’t, then it could be a breach of contract or fraud.

Key Objectives When Negotiating a Contract

Key Objectives When Negotiating a Contract

Good contract negotiation requires a clear understanding of a company’s key objectives in making a contract. Of course, this is easier said than done. After all, contracts can involve a transaction, as is the case in a sale, or a relationship, like employment. But whatever type of contract you’re negotiating, it’s crucial that you know what you want, what the other party wants, and know both you and the other party’s BATNAs (Best Alternative To a Negotiated Agreement).

We're Three Years Old Now!

We're Three Years Old Now!

The world has changed so much since our last birthday. In firm news, we finally did open up our patent law branch. We are so thrilled to begin working with inventors to help them realize their vision and share their wonderous ideas with the world. I remember watching Shark Tank back in high school and being amazed by all the fantastic inventions and always hearing “but do you have a patent?” I’m beyond excited to help inventors answer “yes” to that question. Utility, design, and plant patents are our newest venture and we hope you’ll think of us when you’re ready to protect your ingenuity!

Can You Require Employees to Get Vaccinated Against SARS-CoV-2?

Can You Require Employees to Get Vaccinated Against SARS-CoV-2?

With news of a vaccine on the horizon, many workplaces are wondering whether they can make their employees get vaccinated. Of course, vaccines are fantastic so it makes sense that employers want to require employees to be vaccinated against COVID-19. We put together a quick post explaining how requiring employees to get vaccinated may not be as easy as you think.

Can a COVID-positive Parent Force Child Visitation?

Can a COVID-positive Parent Force Child Visitation?

I want to discuss an issue that plagued a colleague of mine. Two parents had an interim order where the mother had primary custody and the dad had visitation every other weekend. The dad told the mom that he was diagnosed with COVID-19, but still wants visitation. As absurd as this may (and should) sound to all of you, this ACTUALLY happened. To go even further, the dad threatened to file contempt if the mom didn’t comply. Dad is still COVID positive. So, what is the mom to do?!

A Helpful Guide to Boilerplate Clauses

A Helpful Guide to Boilerplate Clauses

We’ve all signed contracts, but how many of you have signed a contract and read every last word, and then understood every last word? Probably not most of you. Even though a lot of clauses are boilerplate clauses (a term widely used to mean standard or commonplace clauses) , it’s still important to know what they cover and to have some grasp of what those standard terms mean. If you’re in the situation where you sign a contract and have a disagreement with the other party to the contract, you’ll want to make sure you understand how boilerplate clauses may impact your case. There are numerous boilerplate clauses one might come across including dispute resolution, indemnification, assignment, force majeure, no waiver, merger, limitation of damages, warranty, confidentiality, severability, termination, and much more.

"Ban the Box" in Effect in Maryland

"Ban the Box" in Effect in Maryland

Lots of COVID-19 blog posts focusing on staying home and how contractors can get through this pandemic, but there is another unrelated law that has recently gone into effect that businesses need to be paying attention to as well when they start rehiring after COVID-19 is long behind us: The “Ban the Box” Act. “Ban the Box” was enacted to prevent employers, with 15 or more full-time employees, from asking job applicants about their criminal history until the applicant’s first in-person interview. This applies to any work for pay and any form of vocational or educational training, with or without pay. This includes, among others, contractual, temporary, seasonal, or contingent work as well as vocational or educational training with or without pay.

Stay Home or Get Sued for Exposing People to SARS-CoV-2!

Stay Home or Get Sued for Exposing People to SARS-CoV-2!

In this time of need where we should all be coming together, there are still circumstances that arise where a person needs to be made whole due to the careless and reckless behavior of another. Typically, suing someone for getting you sick requires proving that specifically that person was the cause of your illness AND that they were negligent or intentional in their actions in getting you sick.