Dealing With Complex Workplace Gender-Discrimination Issues
The Legal Intelligencer
December 5, 2012
For the first time in history, women are half of all U.S. workers, and mothers are the primary or co-breadwinners in nearly two-thirds of American families. The recent economic downturn accelerated this trend: Men lost three-quarters of the jobs shed from December 2007 to October 2009. Consequently, gender discrimination has become not just a women's issue, but a family issue that has taken center stage in the country's legal and political arena. Full Text
What Employers Can Do to Decrease Risk of Litigation
The Legal Intelligencer
November 28, 2012
During the years when I represented employers, there were always a few common sense things I advised my clients to do to minimize the risk of employment-related litigation. For example, managers should avoid giving inflated performance reviews because those positive ratings will be hard to explain if and when that manager (or a new manager) decides to deal with performance deficiencies in the future. Sometimes, my advice was to stop doing something, such as sending the sales force to team meetings at resort locations where the alcohol runs freely, and then wondering why human resources received multiple sexual harassment complaints following those trips. Full Text
Celebrity Endorsements: Your Morals Clause Return Policy
The Legal Intelligencer
November 21, 2012
On November 5 in Edenbridge, U.K., a 30-foot-tall model of Lance Armstrong was burned to celebrate Guy Fawkes' failed plot to blow up the Parliament. The giant Armstrong likeness held a Tour de France cup in one hand and a sign in the other, which read, "For sale, racing bike, no longer required." Prior to this bonfire, a host of corporations paid Armstrong millions of dollars for an image, not an effigy. Full Text
Preserving Coverage Rights for Hurricane Sandy Damage
The Legal Intelligencer
November 14, 2012
Forcing an insurer to pay a claim related to Hurricane Sandy may not be an easy proposition, but the first step is very easy: Businesses, homeowners and other policyholders that have known losses or anticipated losses should immediately provide notice of the loss to their insurers before any more time elapses. Full Text
Commercial Use Defense's Effect on Patent and M&A Strategies
The Legal Intelligencer
November 7, 2012
The commercial use defense set forth in the America Invents Act created a new defense to patent infringement, and several best practices have been prompted as a result. Documentation policies should be revised to help ensure that important trade secrets for a product line can take advantage of this new defense. Due diligence checklists for mergers and acquisitions should also be updated to ensure that important information related to this new defense be obtained and evaluated because early assessments of such information can impact the negotiation strategy and valuation of the acquisition target. Full Text
Is RICO a Remedy in Garden-Variety Business Contract Disputes?
The Legal Intelligencer
October 24, 2012
Congress has long resisted pleas from federal courts to circumscribe civil RICO to preclude a remedy for so-called "garden variety" business disputes. These courts, including the U.S. Court of Appeals for the Third Circuit, thought RICO should be unavailable in cases arising from contractual disputes between sophisticated business entities, but historically permitted such claims to proceed, believing they were bound to do so by the language of RICO and its statutorily mandated "broad application." Full Text
What In-House Counsel Need to Know About Workplace Bullying
The Legal Intelligencer
October 17, 2012
We all remember the adolescent bully who made grade school and high school an unbearable experience for many. But what happens when your playground nemesis grows up to become your co-worker or, even worse, your boss? Full Text
Protecting Confidential Information and IP Amid Employee Mobility
The Legal Intelligencer
October 10, 2012
A company’s ability to maintain the confidentiality of its trade secrets and other sensitive information is affected to a significant degree by employee mobility. An exiting employee can leave with a company’s confidential information, risking loss of trade secrets and serious harm to the company. Additionally, incoming employees can threaten a company’s confidential information by contaminating it with proprietary information from a prior employer. Full Text
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