Business

Texas Physicians and Covenants Not to Compete

Wednesday, February 29, 2012 by Jay R. Stucki

The basic minimum criteria that need to be contained in a physician’s noncompete come directly from the Texas Business & Commerce Code, Section 15.50(b).

The covenant must not deny the physician access to a list of his patients whom he or she had seen or treated within one year of termination of the contract or employment.

The covenant must also not deny the physician access to the medical records of the physician’s patients upon authorization by... Read More

Posted at 14:30 PM | PERMALINK

Topic: Business Law

When Assent to a Contract is Obtained by Duress in Pennsylvania

Monday, February 20, 2012 by Casey B. Green

The formation of a valid contract requires the mutual assent of the contracting parties. Essner v. Shoemaker,
393 Pa. 422, 425, 143 A.2d 364, 366 (1958) (citation omitted). Mutual
assent to a contract does not exist, however, when one of the
contracting parties elicits the assent of the other contracting party by
means of duress. Carrier v. William Penn Broadcasting Co., 426 Pa. 427, 431, 233 A.2d at 521 (1967). A... Read More

Posted at 12:09 PM | PERMALINK

Topic: Business Law

Medical Marijuana and Your Employees

Monday, February 13, 2012 by David H. Savidge

Federal law continues to prohibit marijuana possession and
use – period, end of subject. This
is true despite Attorney General Holder’s confusing and essentially useless
memorandum allegedly lowering the priority of investigating and enforcing
marijuana offenses in the fifteen states that currently have legalized medical
marijuana. This has several
... Read More

Posted at 14:05 PM | PERMALINK

Topic: Business Law

Steps and Pitfalls in Buying a Business

Thursday, February 9, 2012 by Stephen J. O'Connor

Before signing any agreement to buy a business, a prudent buyer should thoroughly review its financial condition. This process—sometimes called due diligence—involves a comprehensive accounting review of the financial statements of the business and a verification of its assets and inventory. Due diligence should also include an in-depth review of potential liabilities. ... Read More

Posted at 15:02 PM | PERMALINK

Topic: Business Law

The History of Business Courts

Thursday, February 9, 2012 by Stephen J. O'Connor

Many of the defining characteristics of the United States court system find their roots in the English common law tradition. The use of court-made precedent and reliance upon attorneys as advocates and fact-finders distinguished English common law courts from their civil law counterparts in continental Europe. As our founders were mostly of English descent, they adopted judicial processes that were familiar to them. Thus the common law tradition made its way to the United State... Read More

Posted at 14:57 PM | PERMALINK

Topic: Business Law

Freddie Mac Bets Against Its Own

Thursday, February 2, 2012 by Tiffany N. Ballenger

Freddie Mac, the taxpayer-owned mega mortgage conglomerate, has continued and increased bets that pay off if its borrowers remain in expensive mortgages featuring interest rates well above current rates.... Read More

Posted at 14:01 PM | PERMALINK

Topic: Business Law

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