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McBrayer Blogs

Showing 4 posts from 2011.

Is your business covered?

While nearly all business owners know that they need to purchase and maintain insurance to cover unexpected loss and liabilities, many discover only too late that the insurance which they purchased does not provide the extent or type of coverage expected.  It is vitally important that any business owner fully understand what his/her insurance does and does not cover and the types of insurance needed.  What insurance is needed will depend upon factors such as the size of the business, the type of business, the number of employees and the risks involved with operation.  As litigation in general increases, particularly in the employment area, the time to ask questions about the scope of one's coverage is not upon service of suit, but rather, at the time insurance is purchased.  In most instances a variety of insurance coverage is advisable, and the cost of the insurance is routinely minor compared to what the cost would be to defend a lawsuit through trial.  Employment practices liability coverage, for example, is becoming increasingly popular for medium to large employers to protect from suits for harassment, wrongful termination, and the like, and such coverage can prove of vital importance in the event of litigation.    More >

The Irony of the Communications Decency Act

As many unfortunate individuals have found, there are limited remedies for individuals who are the subject of unflattering information posted on the Internet. Next month, for the first time, a United States District Court in the Sixth Circuit will have an opportunity to rule on the Communications Decency Act which provides internet service providers immunity from liability for publishing defamatory information. The legislative history of the Communications Decency Act reveals that it originally had a far different purpose. More >

The Ties That Bind: Is Your Arbitration Agreement Enforceable and Binding

Posted In Employment Law

Arbitration agreements are effective mechanisms to resolve employment disputes more efficiently and affordably than traditional litigation.  They are becoming standard practice in most at-will employment situations, and for good reason.  They provide a simple and informal way to resolve employment disputes, as they are relatively inexpensive, more expedient, and reduce legal costs by avoiding the expense of litigation.  Most employers have either already implemented an arbitration agreement program for their employees or have considered it.  But are they enforceable?  More >

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