Peter C. Williams

Business Law

Continuity of Existence in Choosing a Form of Business Organization
Continuity of existence is an important factor in choosing the structure of a business. The value of a business when viewed as a continuing or "going" concern is likely to be considered higher than the same business if it is being dissolved and its value is being distributed. More...
Antitrust & Trade Law: Sherman Act
Agreements In Restraint of Trade More...
Insurance Law
(Variable Annuities) More...
Employees' Duty of Loyalty
Generally, an employee owes the duty of undivided loyalty to his or her employer. Courts take varying approaches to the issue of an employee's duty of loyalty. Some jurisdictions do not acknowledge a separate cause of action for an employee's breach of loyalty unless there is a fiduciary relationship between the employer and the employee. The claim is usually pleaded as a breach of a fiduciary duty. Some jurisdictions recognize a separate claim for an employee's breach of the duty of loyalty but also acknowledge its relationship to a fiduciary breach. A common thread in all jurisdictions is that employees who occupy a position of trust and confidence owe their employers a higher duty of loyalty than lower-level employees. The scope of the duty of loyalty depends on the particular fact circumstances and the nature of the employment relationship. More...
Duty of Loyalty
RATIFICATION OF SELF-INTERESTED DIRECTOR TRANSACTIONS More...

Areas of Practice

  • Business Transactions
  • Financing
  • Payments
  • Creditors Rights; Bankruptcy
  • Real Estate - Transactions
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