Eight Steps to Make Mediation Successful
May 30, 2006
In the May 2006 issue of <i>Employment Law Strategist</i>, Marc Engel considered the virtues of mediation and the positive outcomes a successful mediation experience can create. In this second of a two-part series, he elaborates on specific steps that can be taken to make a mediation successful.
The Tarnished Parachute
May 30, 2006
As American companies struggle to compete in a global market, they are increasingly considering the merits of eliminating or reducing costly retiree benefits. For many companies, the costs of these benefits have become staggering. For example, before recently announcing plans to freeze health benefits for tens of thousands of its white-collar retirees, Ford Motor Co. was facing health-care expenses of more than $3.5 billion. Its rival, General Motors, which according to recent reports owes a projected $89 billion in welfare and pension benefits to its current and future retirees, just announced that it will offer workers with 10 years' experience a payment of $140,000 and a pension, if in return these workers will leave their employment and forgo health care benefits.
Employee Handbooks
May 30, 2006
Employee handbooks can be an essential tool for communicating company policies and procedures to employees of any type of enterprise.
The 10 Bits Of Legal Advice Every Tech Client Should Get ' On Day One
May 30, 2006
You've seen it so many times: New tech clients have great dreams. They're always sure that their invention will make millions, as soon as you, their attorney, introduce them to people who can provide the funding that will develop, market and advertise the invention.<br>Counsel, unfortunately, must play their role, and discharge their responsibilities, and end these dreams with a splash of reality. This is the way of the world: While some startup firms will taste success, most, for a host of reasons that fit each company according to the company's situation, will not. <br>So as a new client sits across your desk, what advice must you give? Below is my take on the e-commerce advice that counsel must dispense, whether or not the client wants to hear it ' including how to work best with counsel to get results at a reasonable cost.
Employment Agreements and Severance Arrangements
May 30, 2006
Section 409A of the Internal Revenue Code was enacted on Oct. 22, 2004 in an effort to regulate executive pay practices through the federal tax system. Failure to account for ' 409A's impact can seriously and adversely affect the economics of employment agreements, severance agreements, and other similar plans or other arrangements providing for a deferral of compensation. Consequently, this article details how ' 409A applies to these arrangements.
Quarterly State Compliance Review
May 30, 2006
This edition of the Quarterly State Compliance Review looks at some amendments to state business entity laws that went into effect, and court decisions dealing with business entities that were issued, during the last three months. Included are several amendments to New York's business entity laws, including changes to its publication requirement. Also included are Delaware Chancery Court decisions dealing with indemnification and hedge funds.
Cyber Rentals
May 30, 2006
The Internet has profoundly changed the way real-estate rental transactions are executed, mostly for the better. Besides putting significant amounts of rental information into the hands of potential tenants and allowing virtual tours of available rental properties, the Internet allows prospective renters and landlords to submit rental applications and negotiate contracts online. Properly executed, an Internet real-estate rental application may save time and money for the potential tenant and landlord. Improperly executed, such an application may result in legal difficulties, including unenforceable contracts and negligence claims.
Recklessness Under the Federal Securities Laws
May 30, 2006
Whenever the Enforcement Division of the Securities and Exchange Commission (SEC) investigates potential fraudulent conduct, one of the key issues it must address is whether there is evidence of scienter; in the words of the Supreme Court, 'a mental state embracing intent to deceive, manipulate, or defraud.' (Ernst & Ernst v. Hochfelder, 425 U.S. 185, 193-194, n.12 (1976)). In some cases ' for example, where an individual engages in insider trading, or This article offers guidance for executives and others on the interpretation and application of recklessness in SEC enforcement actions, as well as in private litigation, charging securities fraud. We first provide an overview of the concept of recklessness as it has evolved in the case law, and its use in the statutes the SEC enforces. The article next suggests business practices that may help deter claims of fraud based on allegedly reckless conduct. As will be seen, although the contours of recklessness are ill-defined and tend to shift with the facts of each case, some helpful governing principles can be identified.
