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Government Agencies Take Aim at Employment-Related Agreements
Take a look at the most recent severance agreement your company used. Strict confidentiality clause with requirement to notify the company of any third-party request for confidential information? Check. Waiver of right to monetary recovery in an agency investigation? Check. It would be no surprise to see a severance agreement with such provisions as they have been standard for years. However, following August 2016 cease-and-desist orders entered by the U.S. Securities and Exchange Commission (SEC), such provisions are now unlawful. Specifically, the SEC has sanctioned companies with severance agreements that contain a waiver or release by the former employee of any right to monetary recovery arising from a governmental investigation (such as an SEC whistleblower action) and that require former employees to notify the company if they were required by law to disclose confidential information.
In the same month as these orders, the U.S. Department of Labor (DOL) issued an internal memo to its regional administrators that foreshadows DOL attacks on severance agreements. The SEC's and DOL's scrutiny of severance agreements follow earlier scrutiny by the Equal Employment Opportunity Commission (EEOC) and other government agencies. These developments provide an urgency for company counsel to bring their employment agreements and policies into compliance.
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Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Transfer Tax Implications on Real Property Leases
The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.