Monthly Archives: March 2012

General Liability: Facebook Files Motion to Dismiss Case

Facebook Inc. filed a motion this week to dismiss the case brought against them by Paul Ceglia. The wood-pellet salesman is suing Chief Executive Mark Zuckerberg and Facebook for a major stake in the social network. Ceglia contracted Zuckerberg for website work when the CEO was a student at Harvard. Ceglia claims in his suit that he had a contract with Zuckerberg that entitles him to 50% of what was Zuckerberg’s fledgling side project at the time, known as “The Face Book.” As for the rest of the story, well that is social media lore; “The Face Book” is now a multi-billion dollar company, with Zuckerberg’s stake estimated at 28 billion. Facebook has responded vehemently to Ceglia’s claims, calling them “a fraud and a lie.” They have launched their own investigation into the case, and claim the documents Ceglia produced were fraudulent, according to the Wall Street Journal. Media hype aside, from a business standpoint the case highlights the urgent need for businesses to have general liability protection. The Facebook case is playing out on a national, multi-billion dollar scale. Most business will never experience that kind of exposure or risk; however the basic principals remain the same. Businesses need protection against unforeseen claims and lawsuits. And if Facebook is any indicator, the more successful you are, the more expensive the claims become. We live in a lawsuit minded society. The sheer numbers of lawsuit prone individuals is so vast it has turned into a joke; just Google “most ridiculous lawsuits” to find a litany of ludicrous claims that have come before courts and won. You’ll laugh and shudder simultaneously. As a business owner or manager, you already know that many business owner policies don’t carry enough liability coverage to completely protect you against unforeseen claims and lawsuits. That’s where a general liability policy can save the day and your wallet. At the Dryfoos Group, our liability specialists can show you how to set up a relatively inexpensive, full coverage policy that can protect you and your company. Contact us today for more information. Sources for the facts in this article can be found at The Wall Street Journal & CNN Money.

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Remember the Healthcare Overhaul? ACA Goes To The Supreme Court

President Obama signed the Affordable Care Act (ACA) into law two years ago. Refuted immediately by 26 states, the law comes before the Supreme Court for review late March. The Courts will review the constitutionality of the act and are expected to return a decision in June. The ACA is a 900 plus page bill with hundreds of amendments and components. Most visibly, the overhaul requires all individuals to have healthcare- failure to comply incurs fines and possible imprisonment. This mandate is a huge reason for the ACA’s appearance before the Supreme Court next week. The issue hotly debated is the constitutionality of the ACA, specifically the federal government’s right to require all individuals to purchase healthcare. The main points of each side were summarized in a video between Neal Katyal, Former Acting Solicitor General who defended the ACA in three appeals courts and Randy Barnett, a Libertarian legal scholar and anti-ACA intellectual architect behind the challenges to the individual mandate. Below are the key issues they argue. Interstate commerce:  Katyal and proponents of the bill argue that the individual healthcare mandate is included in the umbrella of interstate commerce, and thus Congress has the right to regulate it. Barnett argues that the institution of fines and potential imprisonment for those who don’t comply with the requirement is an aggregation of federal power. Congress is requiring individuals to “buy” a product: Opponents argue it is unconstitutional and beyond Congress’ taxing power to fine individuals for not purchasing a product (i.e. healthcare). Proponents argue that Congress is not asking individuals to buy a product they wouldn’t usually consume. A national problem calls for national solution: Katyal views the issue as a national problem that the states can’t fix; Barnett argues it is a violation of state sovereignty and a dangerous concession of power to the federal government to allow them to regulate the healthcare system. The Supreme Court’s decision could transform the state governments’ role in the provision of healthcare. The case is so significant it has been allotted six hours, featuring multiple lawyers, to be argued over three days, the longest oral argument heard in the Supreme Court in almost half a century. Show your employees you care about their well-being with Group Insurance/Benefits from Dryfoos.  We offer a variety of comprehensive policies that can be custom tailored to fit…
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PA Director & Officers: 5 Things Your Employees Really Want

It’s the ultimate question for employers, whether you are the CEO of a multibillion dollar empire or on the board of trustees.  What do employees truly want? Hint. It’s not a raise. A pleasant work environment. Employees spend the majority of their lives in their workplace.  Yelling at employees for example, especially in front of others, destroys confidence and leads to unmotivated and unhappy employees. Recognition. Institute Employee of the Month.  Compliment your employees on a great completed project.  Send an appreciative email. Positive reinforcement of a job well done goes a long way to boosting employees’ satisfaction. Perks. They don’t need to be lavish or expensive.  If it’s a particular product you sell give employee discounts.  Providing group benefits including comprehensive health insurance and dental could be the difference between an employee staying with your organization or finding employment elsewhere.   Mentoring. Take the time with employees. Advise and guide them through a difficult job.  Provide constructive feedback.   Help when they need it. Sometimes life intervenes with the continuity of the workplace.  Include family coverage in employee benefits.  Be understanding if a reliable employee is late one morning because of a flat tire.  Allow that extra day off for a family emergency.  The employee will appreciate the compassion and the help. Employee satisfaction builds company loyalty. Your business faces many risks.  But when those risks include legal claims and litigation, it’s your directors and officers who often have the greatest exposure. That’s why our agency offers PA directors and officers insurance.  It provides much needed protection against the costs of legal defense and indemnity coverage for the business, directors and officer, and employees in suites alleging internal management. Let our experienced D&O specialists at the Dryfoos Group protect your assets and those of your directors and officers long before threats occur.  Call us for more information. 1-800-253-6728

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