Like it or not, water utilities are destined to experience water main breaks. Given the age of the nation's water infrastructure systems, expansion of construction activities and other issues, it is inevitable that water main breaks will occur. Whatever their causes,...
PLDO Law Blog
Month: April 2014
Texting in the Workplace: Why Employers Must Tread Cautiously
By now, most employers have systems in place to organize and maintain emails that their employees send and receive. These systems are critical for business reasons and compliance purposes. However, many employers are ignoring or turning a blind eye to a growing means...
RISC DECISION WILL CREATE MAJOR CONCERNS FOR SOME COMMERCIAL LENDERS
The laws of virtually every state prohibit lenders from charging interest on loans in excess of the "usury rate" - the maximum interest rate permitted under the laws of the state. However, usury statutes vary greatly from state to state. Not only do the maximum...
EXECUTING A CAREFULLY DRAFTED CONFIDENTIALITY AGREEMENT IN AN M&A TRANSACTION
The execution of a confidentiality agreement - or what is also referred to as non-disclosure agreement (NDA) - is typically the first official stage of any merger or acquisition. Prior to this stage, a general discussion may have already occurred, and relevant...
THE IMPORTANCE OF CONDITIONS PRECEDENT IN LICENSING, PERMITTING AND PURCHASE AGREEMENTS
A condition precedent is a condition in a contract that must occur before another party is required to perform. In purchase and sale agreements, there are often several conditions precedent that must be satisfied before a party is required to close. Particularly, in...
REMOTE WORKERS IN RHODE ISLAND: STATE REGS MAY CREATE PERSONAL JURISDICTION IN RHODE ISLAND COURTS
The United States District Court for the District of Rhode Island recently held that it had personal jurisdiction over an out-of-state employer, despite the fact that the employer only had one remote employee who worked in Rhode Island. That employee—who was also the...
THE BENEFIT OF PASS-THROUGH ENTITIES
Why do pass-through entities such as LLCs taxed as partnerships remain the entity of choice for most closely held businesses? The primary benefit of operating a business through a pass-through entity, such as an LLC taxed as a partnership, is that the income generated...
APPLE’S CONCERNING NEW TEXT MESSAGE FEATURE
Apple recently released iOS16 for the iPhone. This newest release allows iPhone users running iOS16 to edit and unsend text messages sent between other iOS16 users. While this may be welcome news for those of us who make embarrassing typos or otherwise hit the send...
