Documentation and Other Effective Ways to Avoid Liability for Discrimination
August 31, 2004
As Title VII of the Civil Rights Act of 1964 (the primary federal discrimination law) celebrates its 40th anniversary, the method of proving a discrimination claim has greatly evolved. Virtually gone are the "smoking gun" statements using the "n-word," advertisements for applicants of a certain sex, or statements that individuals over a certain age aren't qualified to apply for a particular job. Although the world hasn't reached an era of perfection, blatant discriminatory expressions or policies are comparatively infrequent in modern discrimination litigation.
Sexual Harassment
August 31, 2004
The comedian George Carlin once asked, "If you try to fail and succeed, which have you done?" A similar question arises in the context of sexual harassment: If a supervisor demands sexual favors of his subordinate and she silently acquiesces to keep her job, does she have a claim of sexual harassment against her employer? Despite the Supreme Court's many pronouncements on sexual harassment, the answer to that precise question is still unresolved.
Patent Licensing: A Checklist
August 31, 2004
Intellectual property portfolio management is an essential part of any tech company's business strategy. Part of the management strategy must include implementation…
Quarterly State Compliance Review
August 31, 2004
The summer months are usually a busy time for lawyers who track changes to state corporation statutes to make sure their corporate clients are in compliance. This summer has been no different, as many states enacted amendments to their corporation codes that went into effect in July and August. This edition of the Quarterly State Compliance Review highlights several of these amendments. This edition also looks at some recent cases of interest.
Internal Information Controls: Corporate Accountability
August 31, 2004
The swift enactment of Sarbanes-Oxley (SOX) in the wake of numerous corporate scandals brought at least as many questions as solutions for executives charged with ensuring corporate compliance with SOX's many provisions. As the various compliance deadlines for SOX draw near or expire and the Securities and Exchange Commission (SEC) continues to release rules and guidelines, even more questions emerge, requiring executives to quickly gain familiarity with otherwise unfamiliar topics in order to avoid the potential liability associated with violations of the law. One such topic is the security and control of financial information.
The Future of Investment Company Governance
August 31, 2004
In the wake of the market timing and late trading scandals in the investment company industry, the Securities and Exchange Commission (SEC or "Commission") recently adopted rules and rule amendments designed to enhance the governance practices of registered investment companies ("funds"). In an effort to protect shareholders and reduce conflicts of interest between fund boards and fund investment advisers, the SEC has adopted rules that, among other things, proscribe the composition of and processes for fund boards, increase the required disclosure regarding approval of investment advisory contracts and create the position of fund chief compliance officer (CCO) who reports to the board. This article addresses the responsibilities fund boards will face in the wake of these new rules.
In The Courts
August 31, 2004
Recent rulings of interest to you and your practice.
