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The NLRB Joint Employer Ruling
November 02, 2015
On Aug. 27, the NLRB issued a sweeping decision that expands the definition of "joint employer" for purposes of the National Labor Relations Act (NLRA). Here's what you need to know.
NLRB General Counsel Shines Guideline Light on Employer Work Rules
October 02, 2015
The NLRB general counsel recently issued a 30-page memorandum setting forth guidance on employers' internal personnel policies to ensure compliance with the National Labor Relations Act. The report is relevant to nearly all private employers, regardless of whether they have union-represented 'employees. We conclude our discussion of the report herein.
Employees with Duty to Report Bias Protected from Retaliation
October 02, 2015
The "manager rule" purports to address a concern that, if counseling and communicating complaints are part of a manager's regular duties, then "nearly every activity in the normal course of a manager's job would potentially be protected activity," and "an otherwise typical at-will employment relationship could quickly degrade into a litigation minefield," according to <I>Hagan v. Echostar Satellite</I>.
Mental Health Issues in the Workplace
October 02, 2015
Many employers seem almost paralyzed by the fear over whether and how to raise the issue of mental illness with an employee. If the mental illness is having adverse impacts in the workplace, however, not addressing the issue can compound the problem or, in rare circumstances, lead to tragic consequences.
Advancement Claims Not Entitled to Priority in LLC Receivership
October 02, 2015
In two recent Delaware Court of Chancery decisions, Vice Chancellors Donald F. Parsons Jr. and Sam Glasscock III both concluded that the claims for advancement were not entitled to priority treatment as administrative expenses of the receivership. The cases underscore the importance of obtaining D&amp;O liability insurance regardless of the existence of advancement and indemnification provisions in the entity's organizational documents or the party's employment agreement.
Managing Security Risks During Labor Disputes
October 02, 2015
Every company with union workers faces the risk of a labor dispute. Identifying any business risks and then managing them is a priority for executive decision-makers who must ensure that the company delivers its promises to stockholders, customers, and employees.
New York State's New Maintenance Legislation
October 02, 2015
The New York Legislature recently passed a bill essentially providing for a complete overhaul of the law in the State of New York pertaining to maintenance under Domestic Relations Law ' 236 and spousal support under Family Court Act ' 412.
The Attorney-Client Privilege
September 02, 2015
Despite the ubiquitous nature of the attorney-client privilege, attorneys generally understand far less about the nuances of the invocation of the attorney-client privilege than they should, particularly in the context of interacting with former employees of a corporate client.
<b><i>Mach Mining, LLC v. EEOC:</i></b> The Supreme Court Approves Limited Review of EEOC's Conciliation Efforts
September 02, 2015
Last April, the Supreme Court held that the defendant in a lawsuit brought by the EEOC may raise the agency's failure to engage in conciliation as a defense. It reversed a decision by the Seventh Circuit, which had held ' contradicting other circuits ' that the EEOC's conduct of the conciliation process is not judicially reviewable.
Advanced Payments Denied Priority
September 02, 2015
Advancement claims of executives are not entitled to priority over other claims against an entity in receivership, the Delaware Court of Chancery has ruled in a case of first impression.

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  • Private Equity Valuation: A Significant Decision
    Insiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.
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  • Meet the Lawyer Working on Inclusion Rider Language
    At the Oscars in March, Best Actress winner Frances McDormand made “inclusion rider” go viral. But Kalpana Kotagal, a partner at Cohen Milstein Sellers &amp; Toll had already worked for months to write the language for such provisions. Kotagal was developing legal language for contract provisions that Hollywood's elite could use to require studios and other partners to employ diverse workers on set.
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