California Court Broadens the Definition of Employee

California Court Broadens the Definition of Employee In a recent case, the California Supreme Court broadened the definition of “employees” that are entitled to paid breaks and overtime benefits, as opposed to independent contractors, who are not. Dynamex Operations West, Inc. v. Superior Court of Los Angeles County, 2018 Cal.LEXIS 3152 (Cal.Apr. 30, 2018). Previously, […]

What Exactly is a Contract?

What Exactly is a Contract? At its core, a contract is nothing more than a promise: If you do X for me, I’ll do Y for you.  The only difference between a promise and a contract is that a contract is enforceable in a court of law. So what is this magic ingredient that turns a promise […]

Can a Text Message Create a Binding Contract?

Can a Text Message Create a Binding Contract? A previous post discussed how an exchange of emails can result in a binding contract. But can you really create a contractual obligation by sending a text?  A recent case in Massachusetts hints that this too, is a possibility. The case, titled St. John’s Holdings, LLC v. Two Electronics, […]

Sweepstakes Disclaimers: The Small Print Matters

Sweepstakes Disclaimers: The Small Print Matters   Sweepstakes, contests, and similar promotions can be an extraordinarily effective tool to create brand awareness and attracting new customers lured by the possibility of winning a prize. Although the upside of sweepstakes are clear, many businesses ignore the potential downside.  All sweepstakes and contests must comply with various statutes, […]