Can You Be Personally Responsible When You Sign A Contract As President Of A Corporation?
Ordinarily, the answer is no. However, you must carefully read contract terms before assuming you will not be personally liable for company debts. The Connecticut Supreme Court recently addressed an example where the terms of the contract created personally liability for the president…
0 Comments3 Minutes
Are You Covered? CT Businesses Should Double Check Insurance Coverage for Data Loss
The Connecticut Appellate Court recently decided a case involving damages from loss of data related to 500,000 IBM employees. The case is entitled IMB caseRecall Total Information Management v. Federal Insurance Company. The loss of data included social security numbers and birth dates. The data…
0 Comments3 Minutes
Member Rights For Connecticut Limited Liability Company
Generally, there are two sources to determine the rights and duties of members of a Connecticut limited liability company (“LLC”). The first source is an operating agreement. The ability to form a limited liability company (“LLC”) as a legal entity in Connecticut derives from legislative…
0 Comments4 Minutes
Parol Evidence Rule Can Sting In Court
Parties to contracts frequently argue over contract terms and the intent behind certain provisions of a contract. However, if the matter goes to court, these arguments can become meaningless if the contract is clear because of the parol evidence rule. A recent appellate court…
0 Comments2 Minutes
Old Judgments Can Come Back to Bite You – Hazards of Defaulting on Promissory Notes
A recent case from the Connecticut Supreme Court serves as a reminder that civil judgments are good for 20 or 25 years in Connecticut depending on how you seek to enforce the judgment. The decision was in the case of Investment Associates v. Summit Associates, et al. In this case, a…
0 Comments2 Minutes
Trade Secret Theft on the Cloud: Concerns For Both Employers and Employees
Max Taves authored an article posted by Law Technology News entitled "Trade Secret Spats Center on Cloud." The article highlights the increasing difficulty employers face when trying to avoid theft of confidential information when employees have access to third party storage…
0 Comments3 Minutes
Non-Compete Agreement Tips for Partners, Executives, and Employees
In this post, I continue the discussion about non-compete agreements in Connecticut. This time, I focus on the employee side. Here are 5 things to think about when leaving employment if you have a non-compete agreement. Do not believe water cooler experts. Many employees…
0 Comments3 Minutes
Supreme Court Offers Another Reminder on Personal Liability for Corporate Officers
Can an officer of a corporation face personal liability in a business transaction? The Connecticut Supreme Court clearly stated that personal liability exists for corporate officers in certain circumstances. The case is Coppola Construction Company, Inc. v. Hoffman Enterprises…
0 Comments3 Minutes
Tips On How To Reduce The Risk Of Intellectual Property Theft
In my last post, I wrote about the risks facing businesses when there is a departing employee. It can be fairly argued that in the next 3 years your average business will have to deal with a disgruntled, departing employee. The employee will have had access to confidential…
0 Comments5 Minutes
Confidential Information and the Departing Employee
I recently ran a seminar for the Human Resources Association of Central CT on "Effectively Managing Your Departing Employees." The issues concerned how attorneys can help to eliminate, prevent, or mitigate the risks of intellectual property theft. In this post, I will…
0 Comments2 Minutes
What To Do If You Suspect Your Business Partner Is Stealing – Some Basics
In any case involving theft by a business partner or business dispute, it is very important to have an understanding of the basic issues and legal framework. Although these cases often involve complex problems, you cannot determine a good course of action without starting with the basics. …
0 Comments8 Minutes
New John Doe Copyright Infringement Suit Filed in Connecticut
A lawsuit relating to online copyright infringement of synthesizer software using “peer-to-peer” networks was filed recently in Connecticut District Court. The case is captioned reFX Audio Software, Inc. v. Does 1-89. The complaint alleges that certain individuals and…
0 Comments4 Minutes
Deciding to Enforce A Non-Compete Agreement in Connecticut – 5 Tips
Many Connecticut business owners have agreements (so called "non-compete agreements") in place with their employees concerning competition or solicitation. When an employee leaves a company, business owners have to decide if they should try to enforce the non-compete agreement by filing a…
0 Comments4 Minutes
Damages for Breach of Non-Compete Agreement In Connecticut
When deciding whether to hire an attorney to seek enforcement of a non-compete agreement in Connecticut, a business should consider the available remedies or damages. The following are the basic remedies or damages for breach of a typical non-compete agreement in Connecticut. 1. Injunctive…
0 Comments3 Minutes
Time Does Not Run Against The King Or The State of Connecticut
Imagine you are a subcontractor hired to work on a project for the State of Connecticut in 1994. You did not deal with the State at all in your contractual dealings. You were hired by a general contractor to do a small part of a large building project. Next, you priced your work,…
0 Comments3 Minutes