by Sam Ventola | Apr 10, 2019 | Constitutional
The Electoral College, the military draft and the First Amendment – with the increasingly polemic state of our political environment, the parties are looking for new ways to get to their political goals. One recent dimension of this is the parties’ efforts to...
by Sam Ventola | Mar 13, 2019 | First Amendment
Opinion or Defamation? A while back, news reports indicated that musician Courtney Love was stuck paying $430,000 plus interest to a designer about whom she had unkind words on MySpace and Twitter. That’s an expensive tweet. Ms. Love stated things such as that her...
by Sam Ventola | Mar 7, 2019 | Constitutional
As the Senate considered the nomination of Judge Brett Kavanaugh to the Supreme Court, many were concerned that an apparently conservative judge replaced Justice Kennedy, who is considered a centrist “swing vote” on the Court. In particular, they accused Judge...
by Sam Ventola | Feb 20, 2019 | Contracts
High Jackpot When the Powerball jackpot gets high, you see a rash of posts on social media offering to share a Powerball jackpot with anyone who “likes” or “shares” a post. Is such an offer is an enforceable online contract? The short answer is yes – if you can prove...
by Sam Ventola | Jan 24, 2019 | Intellectual Property
“Please take it,” says I, “and don’t ask me nothing—then I won’t have to tell no lies.” –Huckleberry Finn You may have heard a major media frenzy awhile back over the decision by the “publisher” of Huckleberry...
by Sam Ventola | Jan 10, 2019 | Contracts
“Know when to hold them Know when to fold them Know when to walk away Know when to run” “The Gambler” When an entrepreneur enters into a contract with a larger entity, they are often presented with a contract that seems one-sided. Sometimes the...
by Sam Ventola | Dec 27, 2018 | Litigation
A lawsuit, otherwise known as litigation, is the process of getting a dispute resolved through the court system. It is the “default” system, meaning that unless the parties agree to resolve the dispute some other way, it will be resolved in court litigation. Here...
by Sam Ventola | Dec 13, 2018 | Intellectual Property
You may have heard of “patent trolls” and “copyright trolls.” Companies and law firms that send messages claiming violation of patents or copyrights – sometimes with little or no justification. They are trying to scare you into making a big payment to avoid...
by Sam Ventola | Nov 29, 2018 | First Amendment
Many people worry that they may be breaking a rule in their public school if their child carries a Bible in class, or wears a cross or Star of David. Today, we consider a recent decision on a related topic, free speech in schools. Day of Silence In 2011, the Federal...
by Sam Ventola | Nov 15, 2018 | Employment
“Benefits” of Having Independent Contractors Many business owners prefer to use independent contractors rather than hire employees. While on the surface, it may appear to be a great solution to avoid taxes, easier record keeping, no unemployment taxes or...
