Features
What's Scarier Than an Agency Audit? Three Agency Audits
Misclassifying employees as "independent contractors" may put employers in triple jeopardy. (<i>See</i> article <i>infra</i> by Rosanna Sattler.)
Features
Independent Contractor Classification
The classification of independent contractors is garnering increased attention at both state and federal agencies and courts. This article outlines some general guidelines based on recent state and federal court decisions.
Don't Bother Asking for Facebook Passwords
Social media sites may also contain relevant information not available through traditional screening tools, like criminal background checks or reference checks. But should employers ask for passwords?
The Big Three Myths (And Realities) of Non-Compete Agreements
An in-depth look at the most common myths about non-compete agreements.
Intellectual Property in M&A Transactions
To best protect their companies' interests, corporate counsel should be aware of the IP implications of every M&A transaction, and should adopt a formal approach to identifying those assets and performing IP due diligence.
Litigation and Social Media
The increasing use of social networking sites has changed the discovery landscape again. This change, however, presents a positive and beneficial discovery tool for companies to use in litigation.
DE Court Provides Important Guidance on Indemnification of Directors and Officers
Although director and officer indemnification is not a new concept, there is limited judicial precedent interpreting DGCL ' 145. Thus, the recent Delaware Court of Chancery decision in <i>Hermelin v. K-V Pharmaceutical Company</i> is most welcome.
Lease Due Diligence
When negotiating a lease of a parcel that is subject to an REA, a practitioner must be aware that there are many ways that an REA can adversely impact a tenant. This article lists eight factors to consider when reviewing an REA.
In the Spotlight: Renewing a Retail Lease
This article examines the topics that should be contemplated in an amendment to an existing lease, and also discusses the manner in which these issues may be addressed.
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