Features
Index
Everything contained in this issue, in an easy-to-read format.
The Cultural Calculus of Competitive Advantage
Mapping and measuring a firm's culture and core competencies is undoubtedly an exhaustive process with numerous stages of analysis. Done correctly, it will likely challenge many of the firm's longest held beliefs and assumptions. For those willing to undergo this rigorous analysis, the result will be a strategic framework that identifies the sources of its competitive advantages and enables the firm's management to focus its efforts on manufacturing and perpetuating the cultural attributes that will sustain the core competencies of the firm.
Compensation for Condemnation of Temporary Easements
When the state condemns a temporary easement that encumbers the frontage of a vacant parcel, but uses the easement for only a fraction of the easement's total duration, how should the landowner's compensation be computed? In <i>McCurdy v. State</i>, the Court of Appeals concluded that landowner was entitled to consequential damages for harm to the interior land not encumbered by the easement, but only for the period when the state's use of the easement obstructed landowner's access to the interior of the parcel.
Even Non-Union Employees Have Rights Under the NLRA
Even in today's increasingly non-union workplace, management must not ignore laws enacted primarily to protect unions. To do so could have a serious impact on non-union environments. All employers should exercise caution before taking disciplinary or other adverse action against employees for conduct that could be perceived as group activity. Here's why.
Features
The Employment Discrimination Class Action Is Alive and Well
Just when some thought it might be safe to presume that class action discrimination lawsuits under Title VII of the Civil Rights Act and the Age Discrimination in Employment Act were on the wane, several recent decisions involving the huge retailer, Wal-Mart, Inc., should give many employers pause for thought.
A New Avenue for Retaliatory Discharge Claims
As courts across the country continue to visit the issue of employment-at-will, the results show states continuing to chip away at the once mighty doctrine. Here's a look at one such case in Tennessee.
Background Checks: Handle with Care!
Many employers routinely conduct background checks on applicants and employees to verify their prior employment history. Oftentimes, an outside service is used to obtain the critical information and then provide a brief analysis as to its significance. However, as demonstrated in a decision from the Maryland Court of Special Appeals, both the employer and outside contractor can be sued for defamation ...
Features
Fear and Loathing in Preservation
Most in-house counsel know the types of inquiries that should trigger evidence preservation or collection protocols. Once there is reason to believe there will be litigation or investigation, the duty to preserve kicks in immediately. But what's next?
Spring-Loading Options
Delaware courts are beginning to analyze claims concerning the controversial practice of spring-loading options. Spring-loading is the granting of options just prior to the release of favorable company information (in the company's possession at the time of the grant). The options are granted at a market price on the day of the grant. They are said to be 'spring-loaded' because upon release of the favorable news, the stock price is expected to rise and the options would then become 'in-the-money.'
Parent Corporations and Their Subsidiaries' Liabilities: Guidelines
There are many reasons to insulate parent and sibling entities from known exposure to which a particular subsidiary is subject. These include, in addition to the tort and federal regulations at issue in the <i>Forsythe</i> and <i>Bestfoods</i> cases, mentioned herein, vulnerability to the taxes, regulation and jurisdiction of a state or foreign nation. Protecting against such vulnerabilities are an important task for corporate counsel. This article explains.
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