Subpoenas

Witnesses are called to testify in Court through the issuance of a Subpoena, or, individuals are directed to produce or bring records to Court through the issuance of a Subpoena.  Subpoenas may be issued by a Grand Jury or Court.  Often, attorneys will issue Subpoenas on behalf of a Court. What Can I Do Against […]

Preservation of Evidence and the Doctrine of “Spoliation”

Product manufacturers with any litigation experience understand the rules and importance of preserving evidence following a loss.  Terms like “chain of custody” and “evidence retention” are common in discussions on these types of cases.  However, other types of claims, even auto tort cases, also bear litigation duties which if not followed carefully, can severely handicap […]

Should You Implement Subsequent Remedial Measures Following an Accident

A common question which arises following an injury on a landowner’s property is whether the landowner should engage in measures to remediate the condition which allegedly caused the injury.  Landowners can be hesitant to undertake such measures for fear that their actions will be utilized by attorneys for the injured party as proof that the […]

Landowner’s Duty of Care for Visitors is “Non-Delegable”

Premises liability law can be tricky for business landowners in Vermont.  Landowners owe a duty to others who are legally present on their land, (whether the landowner is the business “occupant” of the land or not), to use reasonable care to prevent exposure to injury.  Landowners who lease or license their land to others for […]

Car Accident Lawsuit in Vermont

If you have been involved in a car accident in Vermont, many questions may be running through your mind about the various legal consequences and your rights. Potential medical costs, who was at fault and insurance claims may be just a few of issues you may need to navigate. When deciding what the best course […]

What Is the Comparative Negligence Rule in Personal Injury?

Comparative negligence is a system that allows the defendant to reduce the amount the plaintiff can claim for damages based on the proportionate amount of wrong that the plaintiff contributed. For example, if the court determines that an accident was caused 75 percent by the defendant and 25 percent by the plaintiff, the plaintiff will […]

What Does the “at Will” Presumption Mean?

Being employed ”at will” means that the employer is able to terminate the employee for any reason, as long as it is not based on the employee being part of a protected class. Employees who in an at will setting cannot seek compensation for termination, if the termination is not based on discriminatory or other […]

3 Acts That Every Business Owner Needs To Know About Federal Cyber-Security Laws

The importance of a strong online presence cannot be overemphasized. Your corporate website is your calling card to the world. Businesses connect with clients using the internet for marketing, allowing customers to contact them easily, sharing information about your business and enticing customers to choose your business over a competitor’s. Whether you have a dedicated […]

How to reduce HIPAA violations in healthcare companies, hospitals, etc.

HIPAA violations are serious problems for healthcare companies, doctor’s offices, and hospitals. Here are a few ways to reduce the instance of violations: Know your status: Most companies are aware of their HIPAA status but some may not realize that as a subsidiary, they may already be satisfying the definition of a HIPAA health plan […]

What Information Is Needed to Make a Strong Defense for Wrongful Termination

Wrongful termination is a severe accusation for a company to deal with; however, there are many misconceptions about what wrongful termination is and what it isn’t. Some employers may be under the impression that if the company lets them go for reasons that “aren’t fair,” that they were wrongfully terminated, but that isn’t the case. […]

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