Real Property Law
Analysis of three recent cases of interest to you and your practice.
Mental Health Issues in the Workplace
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
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&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
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.
Insurance Coverage for FCA Lawsuits
Virtually no industry is immune from FCA claims. This article highlights some of the common issues policyholders should consider, both in purchasing their liability insurance policies and responding to FCA suits and allegations.
Reviewing the CFAA
Locks, the saying goes, keep honest people honest. But no lock is perfect and the determined thief will always find a way in. In recent years, it has become obvious that the same is true of the Internet.
FATCA's Due Diligence Expansion
Last month, we discussed the fact that although Congress' purpose and intent in passing 2010's Foreign Account Tax Compliance Act (FATCA) in order to target U.S. taxpayers using offshore accounts to hide monies overseas FATCA was met, it has been achieved at a cost of imposing heavy burdens on those already compliant. The article concludes herein.
