On Tuesday, November 14, Attorneys Jeff Mandell and Isaac Brodkey authored and published an article for the Wisconsin Law Review. The article, “Recent U.S. Supreme Court Decision Shows that the Dormant Commerce Clause Does Not Preclude Wisconsin Fair Dealership Law Damages for Sales beyond State Borders,” discusses the U.S. Constitution’s Commerce Clause and its relationship to the WFDL’s reaches …
Member Publications
Although recent data supports that they are decreasing in frequency across all sectors, work related incidents resulting in employee injuries and fatalities are unavoidable in the construction industry. Even though the industry has done, and continues to do, a much better job focusing on worker safety, the reality is due to the nature of the work and the environment in which it takes place. Constr…
Jan Holthuis, partner at BUREN, Paul Josephus Jitta, partner at BUREN, and Silvan Boonstra, lawyer at BUREN, contributed to the Limitation Periods: Overview (the Netherlands) by Thomson Reuters.
This document is a practice note providing an overview of the law of limitation in the Netherlands. This note sets out the limitation periods that apply to various types of claims and provides guidance on…
Contracts made over a ‘boozy’ lunch. Are they valid?
Yes!
This was settled by Rees J in White Pointer Investments Pty Ltd v Creative Academy Group Pty Ltd [2023] NSWSC 817.
In this case, the parties engaged in a ‘boozy’ and ‘lengthy’ lunch at which an agreement was reached. In summary, it was agreed that White Pointer Investments Pty Ltd (White) would source sites for childcare centres, and Cr…
In a new rule issued on October 26, 2023, the National Labor Relations Board (“Board” or “NLRB”) greatly expanded its definition of “joint employer” to include any business that merely possesses the authority to control an essential term and condition of employment of another business’s employees – even if it never exercises that control. Under the Board’s prior rule, an entity would only be deeme…
On Tuesday, November 7, Ohio voters passed Issue 2 by a sweeping 14-point margin to legalize marijuana for adult use in the Buckeye State. Ohio will now become the 24th state in the country to regulate adult use marijuana, and marks the tipping point where now more than 50% of citizens in the United States will live in a jurisdiction with regulated adult use sales.
Frantz Ward Cannabis Practice C…
ABSTRACT: Many more employers will have bargaining obligations under the NLRB’s new joint employer rule.
On October 27, 2023, the NLRB published a final rule for determining joint-employer status under the National Labor Relations Act. This rule rescinds the NLRB’s 2020 rule, which required a threshold of “substantial direct and immediate control over essential terms and conditions of employment…
Knoxville Shareholder Chris McCarty recently published an opinion piece for Education Week on better legal options for schools trying to address threats of violence. Read the article The Troubling Legal Gap in Schools’ Ability to Prevent Mass Shootings here.…
Trial Court Erred in Awarding Directed Verdict for Undercapitalized Contractor Defendant
The recently decided Ruben Estrada v. DJ Exteriors, LLC et al. (2023 Tenn. App. LEXIS 91) involves a contractual dispute between a contractor and subcontractor. DJ Exteriors, LLC, a limited liability company specializing in masonry, siding, and roofing, was owned by three members – Dustin Jones, James Reedy, a…
With recent mass shooting events dominating news headlines across the United States, it can seem as though gun violence has become ubiquitous in American life. And statistics sadly confirm that mass shootings have become a daily occurrence, with 2023 on pace to be one of the worst years for mass shootings in the U.S. on record. According to data from the Gun Violence Archive, a non-profit that tra…