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Associates’ Corner: Commercial Speech and the First Amendment

By December 20, 2012

By Jorge R. Delgado Among the classes of protected speech under the First Amendment, commercial speech does not rank in the highest echelons.  But businesses should not be quick to dismiss a potential constitutional challenge to governmental regulation that improperly infringes on their right to advertise, exchange information, or engage …

Restrictive Covenants – Is the Intent of the Parties Clear?

By December 17, 2012

By Steve Silverman and Marilyn Kohn In August, Kluger Kaplan obtained a major victory for Dollar Tree against Winn Dixie.  The case dealt with numerous, complex legal issues relating to restrictive covenants, but one particularly interesting facet dealt with ascertaining the intent of the restrictive covenants incorporated into leases that …

Business Partners on a Handshake Part 2: What if You Didn't Write it Down?

By December 6, 2012

By Philippe Lieberman Two weeks ago, I blogged about the importance of a written agreement to mitigate future litigation when a business partnership goes south. (Previous post can be found here) But what happens if you entered into the agreement on a handshake deal, without a written agreement?   What if the partnership breaks …