NH among states considering pandemic business immunity

CONCORD, N.H. (AP) — The New Hampshire Senate is considering legislation to shield businesses from coronavirus-related lawsuits though none have been filed since the pandemic began.

Sen. Bob Giuda, R-Warren, sponsored the bill on behalf of the Business and Industry Association of New Hampshire. David Creer, the association’s director of public policy, told the Senate Commerce Committee the issue is a top priority among the group’s members, who can’t afford to fight a frivolous lawsuit.

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The Pandemic Shows Why Mandatory Mediation May Be the Future for Business Disputes

The coronavirus pandemic has been a stress test on the American legal system, shutting down courthouses, forcing judges to postpone long-standing trials and pushing lawyer-client meetings onto Zoom calls.

The results have been clear: traditional legal routes of resolving business disputes are simply too difficult and costly to continue during the pandemic.

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Common Ways to Resolve Disputes and Deadlocks in a 50/50 Business

At some point in a business relationship, differences of opinion are likely to arise. In businesses where there are equal owners of the company, it is important to ensure that there are carefully drafted governing documents or a standalone buy/sell agreement that detail the process for resolving a conflict or impasse. 50/50 business owners should review the company's operating agreement, shareholders agreement, or partnership agreement to determine the process for resolving that impasse.

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Drafting an Effective Dispute Resolution Clause

The most recent survey concerning the use of an alternative dispute resolution clause by Fortune 1000 companies found that 98% used mediation, 83 % used arbitration, and 51% used mediation-arbitration within the last three years.

More than half of respondents said their motivation for doing so was a contractual requirement. Therefore, one would expect to find that dispute resolution clauses are a common feature of business contracts and that such clauses would be discussed in the academic literature for the guidance of ADR users and contract drafters alike.

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Facing the Fire: How Executives Can Best Prepare to Testify in Legal Proceedings

When a business executive is involved in a dispute—regardless of whether the matter is in court, mediation, or arbitration—the stakes can be immense and may even include the risk of personal liability. Partners and executives should expect that they will have to give testimony and face the fire of cross-examination. Below are some observations on best practices when preparing to testify.

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Franchise M&A

If, as is often the case, a franchise acquisition commences with a letter of intent-type document, an interesting question arises as to whether the franchisees should be informed about the sale intention at that stage. There is no legal requirement to do so and most advisers would argue that, at the letter of intent stage, completion is too uncertain to inform the existing franchisees. However, if the franchisor does enter into such a letter of intent it is a strong possibility that this would constitute a material fact requiring disclosure to any prospective franchisees, if the prevailing franchise legislation requires such disclosure. Upon the signing of a binding acquisition agreement, the argument that disclosure is required for prospective franchisees gets more compelling, but not with respect to existing franchisees. Some franchisors opt to place a moratorium on new franchise sales during a system sale process because of this issue. One should query what a franchisor should do, if, during a sale process, disclosure is required because an existing franchisee is selling its business to a new franchisee or an existing franchisee is renewing its franchise agreement.

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The Best Career Skills to Have for Any Job

Every professional experience can teach you something. Whether you are applying for your first job, trying to get a promotion or switching industries, there is no better way to enter a role with confidence than by identifying transferable skills you have gathered throughout life. The good news is that three of the most important skills you can take into the workplace are strengths you have likely been developing to some degree since childhood. Often known as soft skills, they offer a pivotal starting point for anyone hoping to achieve success in the workplace. You can then learn to develop your professional skills on the job.

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The 3 Contract Clauses You Need to Review Before the End of the Year

Being a small business owner means taking on several jobs at once by being your own chief executive, accountant, human resources manager and even lawyer.

That can lead to shortcuts, as entrepreneurs focus on their strengths and make do in the areas where they aren’t as knowledgeable.

As a business contract lawyer, I’ve seen the results of some of these quick fixes, as small business owners reuse boilerplate contracts year after year, even as their business grows and legal precedents change.

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Government releases draft amendments to the Franchising Code

Recently, the Federal Government released its exposure draft amendments to the Franchising Code of Conduct (Code).

The amendments to the Code are a response to the findings made by the Parliamentary Joint Committee in its Fairness in Franchising Report and the subsequent commitments made by the Government.

While the amendments are still in draft form, the major proposed changes to the Code include the following:

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Outdated court system doesn’t work for small businesses, says ASBFEO

The Australian Small Business and Family Enterprise Ombudsman, Kate Carnell, is calling for an overhaul of the dispute resolution framework, saying the current court system doesn’t work for small businesses.

In the newly released Access to Justice Report, Ms Carnell said small businesses urgently need pathways to resolve their disputes quickly and cost-effectively or they would be hampered by inefficient processes through the courts.

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Managing emotions key to solving conflict

Workplace conflict has been making the news a lot lately.

We have seen ructions among councillors at the Dunedin City Council resulting in a code of conduct hearing and, in other local government news, Tauranga Mayor Tenby Powell has resigned amid ongoing discord and governance challenges at that city’s council.

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Today’s Business: Refining the process of alternative dispute resolution during a pandemic

With the COVID-19 pandemic, the world has changed, and the Alternative Dispute Resolution process along with it. Over the last decade, ADR, including nonbinding mediation and arbitration, has been in increased demand among business litigants. Today, these sessions have gone “virtual.”Under non-binding mediation, a “neutral” individual facilitates a negotiation between the parties to reach a compromise. The matter can only settle if the parties agree to terms, meaning either party can walk away if it is not satisfied with a proposed outcome. Arbitration, by contrast, is a private trial before an arbitrator who sits as a judge. In most arbitration, the arbitrator, often selected by agreement of the parties, hears testimony, receives documentary evidence and issues a binding, written opinion. Unless an arbitrator exceeds his or her authority, or issues a decision that is arbitrary or capricious, the decision will not be overturned by the courts.

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