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Insurance Coverage For Sexual Harassment In The Workplace - May 15, 2008

Most forms of insurance wont cover sexual harassment claims. Employment Practices Liability Insurance (EPLI) will. To get the best protection, you need to know how these policies work. Most EPLI policies are written on a claimsmade and reported...more

Adr Primer - April 15, 2008

Alternative Dispute Resolution (ADR) is a potentially quick and costeffective way to resolve disputes that would be prolonged and costly if litigated in court. The key is early assessment and understanding ADR possibilities.Effective use of ADR...more

Celebrity Project Agreements - March 15, 2008

A celebrity might agree to perform some of the following tasks under a contract providing for the celebrity to endorse a highend hotel and condominium project. The celebritys responsibilities will vary with all the circumstances, including the...more

Should Your Business Be An S Corp? - February 15, 2008

Entity choice is never easy or obvious. For the established small business, the S corporation form may be the best. Deciding whether it is right for your business means looking for certain characteristics in the business. The business must be...more

The Role Of Audit Committees - November 15, 2007

Audit committees have an even more important role to play in corporate governance since the passage of the SarbanesOxley Act. Each audit committee should have a written charter that addresses the committees essential functions, purposes, and...more

Eu Perspective On Offshoring & Data Protection - October 15, 2007

When considering outsourcing services relating to EU operations to a nonEU country, the customer must also consider several factors that involve data protection. Those factors include: Will the performance of the outsourced services require the...more

Last Chance Agreements And The Duty Of Fair Representation - September 15, 2007

What does it take for an arbitrator to uphold a Last Chance Agreement? At a minimum: The employee must have competent union counsel while negotiating the Last Chance Agreement The employer must tender sufficient consideration There must be an...more

Sarbanes-Oxley For Nonprofits - August 15, 2007

Public interest in nonprofit activities is on the rise. Calls for greater disclosure and accountability are getting louder. Although the SarbanesOxley Act applies to forprofit businesses, it provides a good governance model for nonprofit entities....more

Flsa Traps - July 15, 2007

A surprising number of employers are startled to learn they do not comply with the Fair Labor Standards Act. As a result, the FLSA is at the heart of a growing body of employment litigation. Here are the 10 most common FLSA traps. Compensatory...more

Participating In An Sso - June 15, 2007

Participation in a standard setting organization (SSO) is often a very good choice for a technology company that wants to be a market leader. It is not a decision to be taken lightly. Many commitments go along with membership, and for the company...more

Employment Law Tips - May 15, 2007

If you have employees, employment law issues will always matter. Regardless how well established or new the business is, being aware of these issues is the best way to avoid the liabilities associated with them. Understand the employment laws....more

401 (K) Plan Blackout Periods - April 15, 2007

Blackout periods are a fact of life for plan administrators. New regulations impose some very stiff penalties for failing to recognize them and give adequate notice to plan participants. A blackout is any period of more than three days when a...more

Investigating Harassment Complaints - March 15, 2007

While promptness and thoroughness are critical, the law does not require any particular method for investigating a harassment claim. The same process is not best for each situation. Investigating harassment complaints is serious business. You are...more

Hiring Employees From Competitors - February 15, 2007

Hiring employees away from a competitor can be an invitation to litigation. This is a listing of the items that should be considered with the help of an experienced counsel. Some of these items may not apply where the person is not now working for...more

Exiting Employee - January 15, 2007

This is a checklist for employees leaving an employer. We are sending it to employers to remind them of the issues implicated with exiting employees. Gently covering applicable items with leaving employees minimizes potential litigation. Do not...more

Drafting Enforceable Confidentiality, Non-Compete, And Non-Solicitation Agreements - October 15, 2006

There are a lot of misconceptions about how noncompete and nonsolicitation agreements work. This checklist is to help you avoid the common mistakes. Begin by making sure that your key customers and their information have trade secret, proprietary,...more

Lease Assignments In Retail Business Acquisitions - September 15, 2006

When a multioutlet retail business goes on the block, the store locations are one of its most valuable assets. Depending on the type of deal, the buyer may need the consent of the landlords to use them. This is not always the easiest thing to get....more

"Efforts" Contract Clauses - August 15, 2006

Efforts provisions are found in many contracts. There are many variations on them and quite a bit of confusion about what the variations mean. Variations include:o Best effortso Commercially reasonable effortso Reasonable best effortso Reasonable...more

Employment Agreement Basics - July 15, 2006

While its true that the presumption of atwill employment isnt dead, many employers find it in their best interest to have documented employment agreements with employees. This checklist helps understand the context and elements of these agreements...more

Company Director Evaluation Questions - June 15, 2006

This checklist is to assist in screening potential board member nominees. It is merely a tool to be used as one part of a broader process. It is not intended to replace or to reduce the scope of the overall evaluation process. Nominee demonstrates...more

Company Director Candidate Questions - May 15, 2006

The passage of the SarbanesOxley Act has created a whirlwind of corporate governance standards changes. Among the most important of those changes are the expectations placed on company directors. These changes are being applied to private as well...more

Employee Perspective On Confidentiality, Non-Compete, Non-Solicitation Agreements - April 15, 2006

Most employees and prospective employees dont relish the idea of signing confidentiality, noncompete, or nonsolicitation agreements. But when they have to do it, there are ways to write provisions to take out some of the sting. One of the most...more

Confidential Work Discipline Investigations - March 15, 2006

Heres the problem: Employers can avoid liability for harassment by conducting prompt investigations. If the investigations lack confidentiality, the employer faces tort liability. If the confidentiality restrictions discourage concerted activity,...more

Buying All Or Part Of A Business In Trouble - February 15, 2006

The pace of business bankruptcies has made buying troubled companies attractive. Since most of these deals take place in a bankruptcy proceeding, it is important to know what the bankruptcy judge and the other creditors will be looking for. The...more