Workplace Wellness Meets Employment Law
June 27, 2005
For at least 40 years, public policy has favored limiting employer intrusion into employees' personal lives. While certainly not the first incursion into this divided territory, the growing trend of employer wellness programs blurs the boundary significantly. Indeed, wellness programs are fashioning a new public policy ' one favoring employer involvement in improving employee health.
Hotline
June 27, 2005
PCAOB Issues Guidance on Audits of Internal ControlThe Public Company Accounting Oversight Board has published additional guidance to auditors on how to…
Employee Background Checks: The Dos and Don'ts
June 27, 2005
Whether your company is in the Fortune 500 or a small independent business, hiring and retaining qualified honest employees is critical to your success. In fact, a recent study showed that almost half of all job applicants submitted inaccurate or incorrect information to their potential employees. Given these alarming statistics, it is vital that you conduct background checks even before making hiring decisions.
New HSR Rules for Transactions Involving Partnerships and LLCs
June 01, 2005
Forget what you know about the Hart-Scott-Rodino Antitrust Improvements Act (HSR) and partnerships. Forget what you know about HSR and LLCs. The rules have changed ' again. The good news is that the rules make more sense, and certain exemptions to the filing requirements have been codified or expanded. The bad news is that a small number of deals that used to slide under the HSR radar may now be caught. More strategically speaking, the rules now provide more opportunities to "choose" whether your next joint venture will be subjected to substantive agency review under the HSR scheme, heightening the value of HSR counselors' advice on structure issues at early planning stages.
The Challenge of Electronic Records Corporate Compliance
June 01, 2005
Legal standards regarding electronic discovery and document retention have recently undergone a rapid transformation. Increased regulatory oversight of corporations ' and resulting recordkeeping obligations ' coupled with the increasing volume of electronic communication have created new challenges with regard to document retention and production. More than 99% of information is now being created and stored electronically. Anything that can store, transmit, replay or access electronic data may potentially hold useful corporate records and electronic evidence. Recently, courts and regulators have issued a multitude of new obligations requiring document retention that attempt to define and reconcile the duties of parties and counsel with regard to electronic documents as the judiciary struggles to keep pace with technology. In determining whether a document should, or is required to, be kept, the focus should not and cannot be on the media ' <i>ie</i>, whether it is an e-mail, paper copy, facsimile, instant message, text file, or a Web site. Rather, the relevant question is what information is contained in that document.
'But That Wasn't The Deal!'
June 01, 2005
In the not too distant past, the only way business people could communicate in a real time, convenient and spontaneous way was through face-to-face meetings and telephone conversations. When the all-too-common dispute arose as to who said what to whom, the traditional "my word against your word" battle would play itself out. <br>Fast-forward to the 21st century, where e-mail ' easy, instant, and universally accepted ' has become virtually the default mode of communication. What was once an unverifiable conversation is now a transaction set forth in print. As a result, the "my word against your word" conundrum becomes more of a contest between e-mails, as opposed to a competition between the memories of testifying witnesses.
Ruling May Increase Age Bias Suits
June 01, 2005
Federal courts most likely will see an increase in age discrimination cases with so-called disparate impact claims, but employers will be able defend themselves successfully in many of them as a result of a recent U.S. Supreme Court decision. The High Court on March 30 held that disparate impact claims ' those that allege that a facially neutral policy adversely affects a protected class ' can be brought under the federal Age Discrimination in Employment Act (ADEA).
Conference CD: Revenue-Focused Leadership
April 29, 2005
Attention group leaders, marketing partners, department heads, managing partners and marketing professionals. If you are charged with leading the efforts of others to develop more business for your firm, this web audio conference event is for you.
The 'Out of Towners'
April 29, 2005
Public relations or not. If you are a reader of The New York Times, you may have noticed that when journalists quote an attorney for a particular piece, it seems that the quote comes from an expert in a firm outside of New York. What's going on? I will admit that for many years New York law firms shied away from being quoted at all, feeling perhaps that they were above it all and that their clients, for the most part high profile Fortune 500 corporations and large banking institutions would scowl at their outside counsel garnering attention. Now it seems that these firms have been relegated to the occasional quote while the regional/national firms have embraced the media and are truly "out there.
A Look At <i>Production Resources</i>
April 27, 2005
In the current environment of increasing scrutiny of corporate behavior after corporate scandals such as Enron and Worldcom, lawsuits brought by creditors for breach of the fiduciary duties owed to them by officers and directors have increased significantly. The suits are taking center stage on the dockets of bankruptcy courts and state courts alike, and receive much public attention across the country. Against this backdrop, the Delaware Court of Chancery's November opinion in <i>Production Resources Group, L.L.C. v. NCT Group, Inc.</i> is likely to be widely cited. This lengthy and scholarly opinion also is likely to be misconstrued by many bankruptcy practitioners as signaling a retreat from settled law that directors and officers of insolvent Delaware corporations owe fiduciary duties to creditors. This article demonstrates that such a reading of Production Resources is incorrect.
