"Persons" Subject to the Sherman Act

Sections 1 through 3 of the Sherman Act, 15 U.S.C.S. §§ 1-3, provide for prison terms, fines and damages to be assessed against "persons" who enter into agreements in restraint of trade or who monopolize, attempt to monopolize or conspire to monopolize trade.

General Partnership Basics

Partnerships are a traditional form for doing business. General partnerships are made up of two or more persons or entities, each of which takes part in and is responsible for the management of the partnership. Other partnerships and companies may be partners in a general partnership.

Business & Corporate Entities> Corporations> Directors & Officers> Management Duties & Liabilities

(Sources of Document Retention Requirements)

Liabliity Under Clean Water Act

Enacted in 1972, The Clean Water Act1 (CWA) attempts to restore and maintain the chemical, physical, and biological integrity of United States waters by regulating the discharge of pollutants into the nation's surface waters, water treatment plants, and wetlands. Generally, a violation of the CWA occurs when a pollutant is discharged without an appropriate permit or in contravention or an effluent limitation or pretreatment requirement.

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.