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Recent Articles from Commentary:
Holiday marketing tips for small businesses
It’s beginning to look a lot like … the most important time of the year for small businesses. The holidays are peak sales season and can oftentimes make or break your year. When it comes to marketing for the holidays, many people start months — if not years — in advance. But if you’re one […]
Your office isn’t going away
The businesses that survive and thrive are the ones that adapt. This has certainly been the case this year as companies were forced to respond to the threat of COVID-19. Some of the changes will be short-lived and others will have lasting impact. Research has shown that organizations need a physical workplace in order to […]
DOL weighs in on construction travel issues
The U.S. Labor Department’s Wage and Hour Division has issued an opinion letter giving businesses some clarity on the compensability of time spent by employees traveling to and from construction sites. The letter offers guidance to help employers understand the WHD’s interpretation of regulations and can be used generally by other businesses under similar circumstances […]
Latest PPP guidance offers challenges
The latest news indicates additional headwinds for small business owners related to tax deductions and, for loans of at least $2 million, loan forgiveness under the Small Business Administration’s Paycheck Protection Program. Here are couple of key takeaways for business owners from the IRS’ and SBA’s recently announced guidance: 1. Don’t rely on deducting PPP […]
Is the pandemic an excuse for sanctionable conduct?
As we enter our ninth month of the pandemic and COVID-19 numbers are surging across the country, lawyers and judges alike are bracing for newfound full or partial shutdowns. As shutdowns occur, our court systems will undoubtedly slow down, creating a bottleneck effect, just like what happened in the spring. And when that occurs, litigators […]
Facebook and its obligations
These days, we spend a lot of time online — probably more than we should. And for most of us, especially during the pandemic, a good percentage of our after-work downtime occurs on social networks. We share (and sometimes overshare) our ups and downs, family celebrations, and in recent months, political opinions. Social media platforms […]
Nothing nefarious about executive orders
Here are three popular myths about executive orders: They are a way to bypass Congress. They are an insult to the Constitution. They are new and a product of the imperial presidency. Even among serious and experienced observers, there is widespread belief in these falsehoods. That’s a big problem because President-elect Joe Biden is about […]
When life blows up your well-laid plans
Job loss, business failure, involuntary retirement, divorce, disability or the death of a breadwinner — these are just some of the ways our finances can force us to come up with a Plan B. That’s never as simple as downloading a list and ticking off completed assignments, however. Checklists can be helpful, for instance when […]
Commercial tenants should pay attention to SNDAs
When commercial landlords borrow against their real estate, their mortgage lender will typically require signed Subordination, Non-Disturbance and Attornment Agreements from current and future tenants. Commercial tenants should resist the temptation to treat SNDAs as “mere forms” and instead carefully review and negotiate them to protect their interests. Three fundamental agreements are (or sh[...]
Mediation can help create an equitable workplace
Traditionally, when analyzing risk management and its role within HR, areas of consideration generally include hiring practices, new employee onboarding, employee exit policies, employee management, and occupational health and safety. Analyzing these areas through the lens of diversity, equity and inclusion has been increasingly important for businesses, especially in the last decade. Today’s po[...]
Day trading is a bad idea, especially now
The current day trading boom will end as these frenzies always do: in tears. While we wait for the inevitable crash, let’s review not only why day traders are doomed but also why most people shouldn’t trade, or even invest in, individual stocks. Day trading basically means rapidly buying and selling investments, hoping to profit […]
Managing mistrust in mediation
I often hear lawyers and parties express frustration over the adversarial nature of some mediation sessions. They want to negotiate openly without posturing. But enough lawyers engage in overly competitive tactics to make the process arduous and aggressive at times. Common tactics include pressing specious arguments, concealing significant information, obscuring weakness, diverting attention from [...]
