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Brad Reid
Brad Reid is Professor of Business Law and Senior Scholar of the Dean Institute for Corporate Governance and Integrity at Lipscomb University. His undergraduate degree is from the University of Oklahoma and his J.D. from the University of Texas. He worked for Exxon and was in the private practice of law prior to joining the faculty of Abilene Christian University where he was a Professor of Business Law for 35 years, receiving teaching, scholarship, and service awards. He has numerous publications and papers in employment law, marketing law, and intellectual property law. He is the founder and first editor of the Southern Law Journal and Atlantic Law Journal. He was a long term contributor to a legal column in the Journal of Marketing and has written extensively for Computing Reviews. The Dean Institute was co-founded by Lipscomb and Nashville law firm Bone McAllester Norton PLLC. Lipscomb’s Dean Institute approaches governance from a faith-based perspective and addresses how character and integrity inform the decisions, actions and culture of corporations.

Entries by Brad Reid

Workplace Domestic Violence Legal Standards Continue to Develop

(0) Comments | Posted August 22, 2014 | 4:13 PM

On August 8, 2014, the Governor of Massachusetts signed into law a /S2334" target="_hplink">statute that, among other provisions, allows an employee of an entity having 50 or more employees to take up to 15 days of leave from work in any 12-month period due to enumerated domestic violence issues....

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Legislatures Should Review Statutes Regulating Birth Certificate Names

(0) Comments | Posted August 18, 2014 | 3:16 PM

The Tennessee Attorney General issued an opinion ( State of Tennessee Home Page" target="_hplink">14-75) on August 14, 2014, interpreting Tennessee Code Section 68-3-305 as prohibiting married natural parents from blending their names when selecting a child's surname on his or her birth certificate. While the parents...

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Legal Liability for Injuries to a Caregiver Caused by an Alzheimer's Patient

(0) Comments | Posted August 15, 2014 | 12:25 PM

A California Supreme Court majority decision recently determined that an employee of an in-home health care agency who was injured by a patient suffering from Alzheimer's disease may not sue the patient and her husband for battery, negligence, and premises liability (

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The Hypoglycemic Employee and the Law

(0) Comments | Posted July 31, 2014 | 12:56 PM

An 18 year Walgreen's employee having a hypoglycemic attack ate a bag of potato chips without first paying for them or requesting permission to eat them. She was fired and the Equal Employment Opportunity Commission (EEOC) sued Walgreens, alleging an Americans With Disabilities Act (ADA) violation. Walgreens had previously provided...

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Pennsylvania Supreme Court Holds That Homebuyer Need Not Be Told of Murder

(0) Comments | Posted July 25, 2014 | 3:53 PM

In a July 21, 2014, decision, the Pennsylvania Supreme Court held that a murder/suicide inside a house did not constitute a material defect that had to be disclosed to a buyer (" target="_hplink">Milliken v. Jacano). The Court indicated that it...

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Legally Distinguishing Trespassers, Licensees, and Squatters

(0) Comments | Posted July 23, 2014 | 2:06 PM

Social protest movements and non-political individuals may occupy property without the landowner's consent or continue an allowed occupancy beyond the agreed time. When government ownership is involved, it may be legally easier to remove these individuals than when private landowners take action. Public policy favors that government buildings and roads,...

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Is Your Business' Confidential Information Legally Protected?

(0) Comments | Posted July 16, 2014 | 12:56 PM

Consider a spectrum of business information from the most specific and publicly disclosed to the most abstract and undisclosed. Traditional registration of copyrights and patents requires the public disclosure of an idea that has been reduced to expression in words or in a device. Trade secrets, in contrast, are unregistered...

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The IRS Challenges Tax Deductions for Facade Conservation Easements

(0) Comments | Posted July 7, 2014 | 3:28 PM

Conservation easements preserve ecosystems, open spaces, and appearances. Almost all states have legislation allowing a landowner to donate or sell described developmental rights to entities such as land trusts or government. When donated, a taxpayer may seek a charitable tax deduction. Three June 2014 court decisions illustrate successful IRS challenges...

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'Good Faith and Fair Dealing' in Contract Law Does Not Impose Abstract Morality

(0) Comments | Posted July 2, 2014 | 9:18 AM

The influential Delaware Court of Chancery recently discussed the contractual legal requirement of "good faith and fair dealing" in the context of a limited partnership agreement (" target="_hplink">Allen v. El Paso Pipeline GP Company). In essence, a contract's language and the purposes of the contracting parties control any implied...

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Assumption of the Risk at the Ballpark

(0) Comments | Posted June 27, 2014 | 4:14 PM

The Missouri Supreme Court recently held that the Kansas City Royals could not use assumption of the risk as a complete defense against liability in a lawsuit for injuries caused by a hotdog tossed into the stands by the team mascot, Sluggerrr (/john-coomer-v-kansas-city-royals-b." target="_hplink">Coomer v. Kansas City Royals). The...

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A Premarital Agreement Primer

(1) Comments | Posted June 26, 2014 | 3:10 PM

Not so many years ago, preparing a prenuptial (premarital) agreement was believed to demonstrate a lack of trust between the partners. However, when a marriage occurs, there may be significant differences in wealth, a family business, children from previous marriages, as well as inherited property. These are some of many...

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Tweets Are Evidence in Court

(0) Comments | Posted June 17, 2014 | 11:47 AM

Most individuals understand that email does not disappear when delete is clicked. Email is valuable evidence in many forms of litigation including discrimination lawsuits. Consider a tweet as an email related form of evidence in judicial proceedings and act accordingly.

A June 12 decision of the U.S. District Court for...

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Neighborly Accommodation or Adverse Possession?

(0) Comments | Posted June 13, 2014 | 8:56 AM

A recent Montana Supreme Court decision involving an easement across a ranch is a reminder to carefully investigate, both before and after purchase, the claims of non-owners who are using or occupying land (Lyndes v. Green). Adverse possession allows one to acquire ownership of land (except land owned...

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Review the Bylaws

(0) Comments | Posted June 4, 2014 | 10:08 AM

The Delaware Supreme Court recently stated that a non-stock corporation may have a bylaw provision that requires the plaintiff who loses inter-corporate litigation to pay all of the litigation expenses in essentially a "loser pays" fashion (ATP Tour, Inc. v. Deutscher Tennis Bund (German Tennis Federation). This decision...

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9/11 an 'Act of War' Under Federal Environmental Law

(0) Comments | Posted May 27, 2014 | 3:53 PM

The tragic events of September 11, 2001, continue to echo through the U.S. legal system. A recent decision of the federal Court of Appeals for the Second Circuit (In Re September 11 Litigation) involved an interpretation of the exceptions to liability under the federal Comprehensive Environmental Response, Compensation,...

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Mortgage Modification Litigation Continues

(10) Comments | Posted May 23, 2014 | 1:15 PM

While litigation frequently involves multiple and overlapping claims, for the sake of convenience, I consider mortgage modification litigation produced to date by the financial crisis to be proceeding in "three waves." This comment reviews these waves.

In the first wave of litigation, homeowners who lost income in...

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Massachusetts Supreme Court Decides Pledge of Allegiance Case

(0) Comments | Posted May 12, 2014 | 4:48 PM

The Massachusetts Supreme Court decided on May 9 that "under God" in the Pledge of Allegiance as recited in public schools does not discriminate against non-religious students (Jane Doe v. Action-Boxborough Regional School District). Reciting the pledge was voluntary. The Court reviewed the social and legal history of...

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Supreme Court Rules in Town Board Prayer Case

(8) Comments | Posted May 5, 2014 | 2:22 PM

The U.S. Supreme Court in a divided 5-4 decision held that a town board that began meetings with a prayer given by clergy selected from a local directory of congregations does not violate the Establishment Clause. (Town of Greece, New York v. Galloway). The majority opinion concluded that...

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Inevitable Disclosure Doctrine Prevents Working for Competitors

(0) Comments | Posted April 28, 2014 | 3:16 PM

Frequently non-competition agreements are utilized to prevent an employee from leaving a business and working for a competitor. These agreements are typically enforced if reasonable as to scope, time, and area. In the absence of a non-competition agreement, an employer may achieve a similar result under the inevitable disclosure doctrine....

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An Introduction: Hired to Invent and the Shop Right Doctrine

(0) Comments | Posted April 15, 2014 | 1:01 PM

An engineer or other talented person may design and patent or protect by trade secret a valuable technology. If this person has been "hired to invent," the employer frequently owns the invention in the absence of a contrary employment contract provision. If she was not hired to invent and the...

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