Loren Kean Law

Loren Kean Law

Loren Kean Law

ADDITIONAL DILIGENCE FACTORS SHOULD PERFORM BEFORE FACTORING CONSTRUCTION RECEIVABLESAllen J. Heffner and Bruce E. Loren | May 05 2021

Generally, factoring construction receivables involves more risk that traditional factoring. However, there are many advantages to factor in this niche market, such as the additional security to Factors provided by lien and bond rights, and the possible reimbursement of attorneys’ fees and costs from Account Debtors. To be successful in this market, Factors must master technical knowledge of the construction industry and perform additional and continuous due diligence of its Client. If the Factor is willing to take these extra steps, it can be a great time to factor construction receivables.

READ MORE

LOREN & KEAN LAW ASSISTS CLIENT WITH SUCCESSFUL BID PROTESTKyle W. Ohlenschlaeger and Bruce E. Loren | Mar 22 2021

Recently, the team at Loren & Kean Law assisted a client with a successful protest of a county bid award to another bidder. After the county reviewed our protest, it deemed the lowest-bidder’s bid non-responsive and issued a revised award to our client. Putting together the protest required a fast response and collaboration with our client. As a result of the experience, we have come up with a few practical points our clients should be aware of in the event a bid protest needs to be filed. In short, these tips come down to a simple recommendation: get your attorney involved as soon as the award is issued.

READ MORE

BEYOND THE NON-COMPETE AGREEMENTMichael R. Billings and Bruce E. Loren | Mar 17 2021

Businesses often encounter employees who leave to work for a competitor, encourage their colleagues to leave, or steal confidential information and/or customers.  Employers can discourage this behavior through agreements prohibiting these actions (i.e., restrictive covenant agreements) so long as they are intended to protect the employers’ trade secrets, confidential information, customer relationships, goodwill, and/or advanced training (i.e., legitimate business interests).  The most well-known is the non-compete agreement, which restricts or prohibits employees from competing against their employer.  However, these are difficult to enforce.  Fortunately, employers also have non-solicitation agreements and non-disclosure agreements at their disposal, which are easier to enforce.

READ MORE

BEYOND THE NON-COMPETE AGREEMENTMichael R. Billings and Bruce E. Loren | Mar 17 2021

Businesses often encounter employees who leave to work for a competitor, encourage their colleagues to leave, or steal confidential information and/or customers.  Employers can discourage this behavior through agreements prohibiting these actions (i.e., restrictive covenant agreements) so long as they are intended to protect the employers’ trade secrets, confidential information, customer relationships, goodwill, and/or advanced training (i.e., legitimate business interests).  The most well-known is the non-compete agreement, which restricts or prohibits employees from competing against their employer.  However, these are difficult to enforce.  Fortunately, employers also have non-solicitation agreements and non-disclosure agreements at their disposal, which are easier to enforce.

READ MORE

A REFRESHER COURSE: THE NOTICE OF ASSIGNMENTAllen J. Heffner and Bruce E. Loren | Mar 16 2021

The Notice of Assignment is probably the single most important document for a Factor. Understanding what needs to be included in the Notice of Assignment, how to send it, and who to send it to can mean the difference between getting paid and not. Despite the fact that every Factor is (or should be) familiar with legal requirements relating to Notices of Assignment, we still find that many of our factoring clients who end up in litigation make basic mistakes relating to their Notices of Assignment. The article focuses on what information needs to be included in the Notice, who the Notice should be sent to, and how the Notice should be delivered.

READ MORE

The Danger of Workplace BanterJoshua B. Loren and Bruce E. Loren | Feb 01 2021

In today’s day and age, it is important for employers to take proactive measures to protect from frivolous and costly employment claims. This multi-part series will examine some of the best ways to protect your business: training management in moderating and enforcing appropriate workplace behavior, having a written anti-harassment/anti-discrimination policy in your employee handbook, and uniformly enforcing that policy.

We will discuss some general background on the U.S. Equal Employment Opportunity Commission (“EEOC”) investigative process and helpful tips and examples on moderating workplace culture. Next month, Part II will cover how to craft an effective anti-harassment/anti-discrimination policy.

READ MORE

MAY EMPLOYERS REQUIRE EMPLOYEES TO GET A COVID-19 VACCINE?Allen J. Heffner and Bruce E. Loren | Jan 29 2021

Among other more serious problems, COVID-19 has raised countless issues affecting employers and employees. Now that there is some positive news coming out regarding COVID-19 vaccines, many of our clients have asked us a seemingly simple question: Can I make my employees get the vaccine? The short answer is yes. However, with most legal questions, there are a number of caveats and exceptions to that answer. For purposes of this article, we will assume that anyone who wants the vaccine would be able to get it immediately, regardless of current supply and age restrictions.

READ MORE