Multiple Debtor Representation
July 31, 2006
The complex structure of modern corporate entities presents unique challenges when it comes time for a Chapter 11 filing. In addition to facing the fundamental questions of whether Chapter 11 is the right course, when it should be filed, and what the ultimate reorganization strategy should be, management and its counsel must grapple with how to manage a multiple debtor filing. For example, which entities should file? How should the filings be timed? How can the separate interests and obligations of each entity be respected and yet be coordinated in such a way as to make reorganization of the overall enterprise manageable from a practical standpoint? The widely accepted approach is to implement an essentially simultaneous filing on behalf of most or all of the entities in the corporate family. In the interest of efficiency and cost control, a single set of debtors' counsel most often represents all the filing entities, with each of the individual cases jointly administered under a common umbrella.
Whistle(Blowing) While You Work
June 28, 2006
On May 30, the U.S. Supreme Court decided, in <i>Garcetti v. Ceballos</i>, 2006 WL 1458026, 24 IER Cases 737, that public employees do not enjoy First Amendment protections when speaking in the course of their official duties. While drawing strong reactions as a restriction on the free speech rights of government whistleblowers, the ruling may also be viewed in a different light ' as giving public whistleblowers the same rights as private ones.
Departing Employees
June 28, 2006
Most companies have taken care to ensure that new and departing employees have completed Human Resource files with nondisclosure agreements, non-competition agreements (where applicable), invention and assignment agreements and various other agreements, acknowledgements and forms. Are companies doing enough to protect themselves from intellectual property theft by departing employees and consultants?
What Every Company Needs to Know About Military Leave
June 28, 2006
With increasingly longer military leaves (since 2001, the National Guard's deployment policy has shifted from a 6-month to a 24-month maximum service overseas), companies must understand their legal obligations under military leave laws, specifically the Uniformed Services Employment and Reemployment Rights Act (USERRA). Employers must be aware of what happens before, during and after their employees take military leave.
Ad Hoc Affirmative Action
May 30, 2006
Unfortunately, attempting to achieve the worthy goal of increasing workplace diversity through ad hoc decisions that advance women or minorities, often made in the absence of, or without strict adherence to, a formal affirmative action plan, can spawn claims of illegal reverse discrimination. Such claims appear to be on the rise.
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.
