Give Subway an Inch and They Get a Mile

Consumers in the US and Australia have sued Subway for cheating them out of 1 inch from their foot long subs. I know what you think – you hate these suits and the lawyers who bring them. It’s one damn inch and these people should get a real job….

Building Business Credit (Even When Your Personal Credit Stinks)

Note to Commecion: Thank you so much for calling in to my radio show today. Since we didn’t get to your question about how do get credit for your business even if your personal credit is bad, here are some tips. Understand that even if you have great personal…

Independent Contractor v. Employee

Note to Janice: Janice, thanks for calling in to my radio show today. I’m republishing this post so it is easy for you to find. Keep me posted on your progress. *** A person you hire to work for you is either an “employee” or an “independent contractor.” Trying…

Interns: No Such Thing as Free Labor

It’s May. Soon, the kids – drinking age and younger – will come seeking internships. So, this is the season when accounting and legal bloggers do a post on the legal treachery of using unpaid interns. And, we are no exception. Let’s say you are tempted to take the…

War Story: A Cocktail of Contracts and Liquor

This is a classic war story from first year contracts that shows the treachery cocktail of contracts and liquor. THE WAR: Lucy v. Zehmer Hardy and Ida Zehmer were a married couple living in Virginia in the 1950s.  Together, they owned and operated a a bar, a gas station,…

5 Steps to Make Your (Business) Marriage Last

As a business lawyer, I sometimes get hired to perform a sort of marriage counseling for business partners. The goal is to preserve the business by coaxing the partners back together or gently breaking them apart.  I always know I can save the partnership when each partner asks the…

Run Your Butt Off (?)

THE WAR:  Reebok v. FTC Reebok made unsupported claims in advertisements that walking in its EasyTone shoes and running in its RunTone running shoes strengthen and tone key leg and buttock (gluteus maximus) muscles more than regular shoes. The FTC’s complaint also alleges that Reebok falsely claimed that walking…

Ch Ch Ch Changes – A Redlined and a Plain

I used to represent a now defunct hedge fund that had a whip smart general counsel. Her standards were high and she prized speed and competence. At one point, I was helping her get licenses to a bunch of algorithms. I drafted the first version of the license agreement,…

Activia: No Sh*t

This is a new series called War Story Wednesdays. (We love a lot of alliteration.) War stories are cases that illustrate business law. First, we give you The War – those are the facts and the battle. Then, we give you The Winner – who won and why. Finally,…

Fair Market Value v. Fair Value: What’s the difference and why it matters

Let’s say you need to come up with a value for something – a company, a hard asset, intellectual property, shares of stock. The measure is often Fair Market Value or Fair Value – two terms that get treated as if they are identical. Except Fair Market Value and…