PLDO recently issued an advisory about the forthcoming explosion of lawsuits arising out of the coronavirus pandemic. Specifically, the article addressed the legal concept of “force majeure” and predicted that many businesses will claim that the pandemic prevented...
PLDO Law Blog
Court Decisions
Employee’s “Odd” Behavior Justified Mandatory Drug Test
Most employers know that they cannot insist that an employee take a drug test unless the employer has “reasonable grounds” to believe that an employee’s job performance is impaired by drug use. Also, the employer must observe contemporaneous evidence of impairment...
A “Reasonable Accommodation” Must Be Reasonable
For employers determining what constitutes a “reasonable accommodation” can often be a challenge. A very recent decision by a federal court in Connecticut highlights the fact that what constitutes “reasonable” is not without limits, and an employer is not obligated to...
Equal Access To Justice Act Determined To Be Inapplicable To Non-Parties
The Equal Access to Justice for Small Businesses and Individuals Act (“EAJA”) is a legislative enactment whose purpose is to “mitigate the burden placed upon individuals and small businesses by the arbitrary and capricious decisions of administrative agencies made...
NON-COMPETE AGREEMENTS IN RHODE ISLAND REMAIN ENFORCEABLE (FOR NOW)
On June 26, 2024, Governor Dan McKee vetoed two bills (S2436 A and H8059 A) that were passed by the General Assembly in the late hours of its final day of the 2024 session. The bills were amendments to the Rhode Island Noncompetition Agreement Act that, if signed into...
ONE RISK YOU SHOULDN’T TAKE IS NOT HAVING THE RIGHT LIFE INSURANCE
If you never return from your sailing trip around the globe or reemerge from the deep ocean depths on the submarine destined for the Titanic, will your family receive the death benefit proceeds from your life insurance policy? That answer, as well as the answer to...
HOW TO BUY ULTRA-DANGEROUS ASSETS
It’s never a good idea to buy an asset, like a boat or plane, in your own name or to have multiple parties on the title. First of all, when your name is on the title, you are personally liable for any damage that the asset may cause. For example, you and Joe own a...
SO, YOU WANT TO WRESTLE AN ALLIGATOR?
Before base jumping into the miasma of risk, the first thing you should do is make sure your estate plan, in its current iteration, meets your needs and has adapted to any challenging or changing family situation. A well-rounded estate plan is literally more of a life...
HOW LIFE INSURANCE PROCEEDS COULD AFFECT A COMPANY’S VALUATION FOR ESTATE TAX PURPOSES
A recent case brought to light the impact that a stock-purchase agreement and life insurance proceeds may – or may not - have on the valuation of a closely held company for estate tax purposes. In this case that caused a split between the 8th and 11th Circuits, the...