Keeping Track of Telecommuters
March 30, 2009
By restricting telecommuting to the people who really need to work at home and then asking them to sign a form indicating that they know the types of monitoring in use, a company can take reasonable protections without entering an Orwellian environment ' and making life hell for managers.
Prepare Now for Whistleblower Complaints
March 30, 2009
In a little publicized section of the Consumer Product Safety Improvement Act of 2008 ("2008 Act"), employees in virtually every corner of the consumer products industry were given the right to file lawsuits claiming their employer retaliated against them for having raised consumer product safety concerns.
Work Authorization Documents
March 30, 2009
A recent decision by a New York State appeals court has provided employers with yet another reason to verify scrupulously the documents provided to it by potential employees.
The COBRA Subsidy in the Stimulus Package
March 30, 2009
On Feb. 17, 2009, President Obama signed into law the American Recovery and Reinvestment Act of 2009 ("ARRA" or the "Act"). The Act creates new obligations for employers under the Consolidated Omnibus Budget Reconciliation Act of 1986 ("COBRA"). Here's what you need to know.
Q&A: Shareholder Activism and M&A Deals in the Current Market
March 30, 2009
Page Davidson is a member of the Transactional Corporate and Securities Practice of the Nashville-based firm Bass Berry & Sims PLC. In this interview, Mr. Davidson discusses the increased role that shareholder activists play in M&A deals, how corporate counsel can develop a productive working relationship with shareholder activists, and the current marketplace forces that have led to a chain of failed deals.
Cloud Computing
March 30, 2009
It would be hard to find an IT department of a large business that was not undertaking a "cloud computing" project or at least considering the idea. Here's a look at what it is and how it works.
The Alien Tort Claims Act
March 30, 2009
In recent years, companies doing business in countries where human rights or environmental violations have occurred have found themselves dragged into U.S. courts as defendants in lawsuits brought by foreign plaintiffs to account for violations ' often committed by others, including foreign governments. Here's an update.
Mixing International Arbitration with U.S. Discovery
March 30, 2009
A recent United States court decision highlights the opportunities and pitfalls associated with the potential use of U.S.-style discovery to obtain materials for use in international arbitrations.
Quarterly State Compliance Review
March 30, 2009
This edition of the Quarterly State Compliance Review looks at some legislation of interest to corporate lawyers that went into effect recently. It also discusses some recent decisions of interest, including one from the Delaware Supreme Court and two from the Delaware Chancery Court.
Second Circuit Reins in Risk of 'At-Issue' Attorney-Client Privilege Waivers
March 30, 2009
In law, exceptions can swallow the rules if the rule-makers are not careful. One area of particular concern is when the privilege over communications with lawyers is called into question because those communications have been invoked to show someone's good faith in attempting to follow the law.
