Directors of HOA organizations have the unenviable task of completing large “to do” lists while assuming the risk of offending neighbors if they don’t like your decisions.  While maintaining the common areas in their neighborhood, directors must:
  • Act in good faith and candor
  • Act in the interests of another and avoid transactions that result in personal gain
  • Not exert undo pressure or act without the knowledge and consent of those he represents
Running a business is a matter of managing the ups and downs.  Hopefully more ups than downs.  Whether part of the board or one of the top executives in a corporation, you realize you’ve got to handle the pitch and roll in order to keep the business afloat.  Particularly in these difficult economic times.During financially difficult times people are more prone to seek out and take legal action against any perceived corporate misstep.  Top-level decisions can be challenged by investors, regulators, and even criminal prosecutors.   And, so it is more important than ever that directors understand their obligations and potential liabilities.
[vc_row css_animation="" row_type="row" use_row_as_full_screen_section="no" type="full_width" angled_section="no" text_align="left" background_image_as_pattern="without_pattern"][vc_column][vc_column_text]Confucius, once said, “Before you embark on a journey of revenge, dig two graves.” In a better world, such words of wisdom would cause at very least a moment of reflection, but alas today’s modern society abounds with stories of revenge and retaliation gone awry.When it comes to retaliation in the workplace, it’s important for employers and managers to remember that prevention is much preferred to the bitter pill of litigation. That’s because, historically speaking, it’s typically the company that ends up taking the blame in retaliation suits. In fact, recent studies indicate that an employee who files a retaliation lawsuit is more likely to prevail at trial and recover significant damages than an employee filing a typical discrimination claim.What makes retaliation claims so much different? One theory would indicate that jurors, while slow to believe that managers are racist or sexist, are much more likely to find those same individuals capable of seeking revenge on someone looking to hurt the company. It’s simply human nature.
[vc_row css_animation="" row_type="row" use_row_as_full_screen_section="no" type="full_width" angled_section="no" text_align="left" background_image_as_pattern="without_pattern"][vc_column][vc_column_text]Times are tough.  Nobody even has to say it anymore.  It’s just a fact.  A fact that we’ve lived with for a few years now.  And while there are some things we can’t do about the times in which we live, there are also some things that we can do.Like protecting ourselves from losing the things we’ve worked so hard to obtain.  Protecting our assets.Some people unknowingly place too much confidence in prepaid legal services – a first attempt at legal protection.  Prepaid legal services are useful at the basic level.  However, there are some things that a prepaid legal plan can’t do.  Times when something more sophisticated is required.  Its limitations apply in tort litigation, criminal cases, and are of little help in traffic cases.  Additionally, there are catastrophic lawsuits where the existing insurance limits are exceeded and additional liability insurance is necessary.
Have you ever been summoned for jury duty?  Well, let me tell you a little about it.  You HAVE to go; no if, and, or buts about it.You are sometimes allowed to reschedule, but you’ve still got to do your time.  Missing work, school, birthdays, weddings, or whatever it may be is inconvenient to say the least.  What if the case continues on for weeks or even months?  Now can you imagine if you weren’t on the jury, but were the defendant?!  It can happen easier than one might think, especially for all you professionals out there.Thinking that you’re completely protected from lawsuits is a rather naïve assumption, especially nowadays.  Recent trends in court decisions have been holding HR practitioners, supervisors, business owners, and other decision-makers personally liable for their actions under several employment laws.
It’s an unfortunate fact that the world in which we live is getting a little litigious. Lawsuits these days can pop up out of anywhere, and they aren’t always legitimate.Frivolous lawsuits are especially present when your net worth gets higher. Sometimes, personal lawsuits can seek up to two-to-five million dollars, and for people who live or work in lawsuit-heavy industries (i.e. nonprofit organizations, condominium rentals, etc.), it might be a good idea to evaluate where your regular home policies might fall short, and where a personal liability policy might be a good idea.A friend of mine works with kids, coaching sports at a local school. While most of us question her sanity, we also admire how much good she does in the lives of those girls. She told me a story, though, that made me realize how sticky a situation working with kids can be.
We’ve all grown up hearing those stories about “that lady” who sued “that fast food place” because her coffee was too hot. Or “that guy” who sued “that brewery” because their beer made him run into a telephone pole with his Ford Bronco. Or “that Lindsay Lohan” who sued “anybody” because, well, who knows why she does anything, really (click here to shake your head at her and sigh in exasperation).But frivolous lawsuits aren’t just the subject of humorous web searches anymore.