iPhones, iCloud, Google Docs — these days, there are any number of remote ways through which a departing employee can, wittingly or unwittingly, retain access to the documents of a former employer. Understandably, many company executives are deeply concerned about ...
Read More »Board of directors risk management in changing times
Recent regulatory and business developments must be on the radar screen of general counsel and brought to the attention of management and (as appropriate) the board, as the directors must monitor significant emerging enterprise risks. Does your company have the ...
Read More »Increasing Justice Department scrutiny for C level execs
Question: What do pharma executives Carl Reichel, Bill Facteau and Martin Shkreli have in common? Answer: All three were indicted in federal court in 2015. Facteau, former CEO of Acclarent, was arrested in April; Reichel, former president of Warner Chilcott, ...
Read More »‘Citizens United’ and secret corporate contributions
In December, Congress passed, and the president signed, an omnibus federal budget. Attached was a “rider” prohibiting the Securities and Exchange Commission from requiring disclosure of corporate political contributions. The Supreme Court decision in Citizens United v. Federal Election Commission ...
Read More »2015: Business Litigation Session year in review
In 2015, Judge Janet L. Sanders once again led the Massachusetts Superior Court’s Business Litigation Session as administrative judge and shared the BLS-2 session with Judge Christine M. Roach. Judges Mitchell H. Kaplan and Edward P. Leibensperger, who replaced Judge ...
Read More »Defeating employment bias class actions just got harder
The U.S. Supreme Court in January issued an important ruling that will affect the ability of employers to defend against a variety of lawsuits brought as class actions, including employment discrimination, Equal Pay Act, Worker Adjustment & Retraining Notification Act ...
Read More »Key strategies for simplifying complex litigation
Most business litigators tend to tout a self-professed expertise in “complex” commercial litigation. Indeed, nearly all attorneys seem to have an inherent ability to turn even a simple business dispute into a complex case. If you, as an in-house attorney ...
Read More »Avoiding FMLA estoppel claims by employees
Employers should be aware of the potential hazards of erroneously informing employees that they are eligible to take leave under the federal Family and Medical Leave Act. If an employee does not meet the eligibility criteria for FMLA leave — ...
Read More »Securities and Exchange Commission: a frustrated regulator
Companies and individuals need to stay attentive to the bouncing ball that is the Securities and Exchange Commission. The commission has finally enacted a ridiculous regulation that the SEC itself never wanted, and suffered a substantial defeat before the U.S. ...
Read More »Employee handbook can be source of potential liability
Employee handbooks play an important role in communicating an employer’s policies and expectations regarding employee conduct. From a legal perspective, handbooks are helpful as long as they are accurate, up-to-date and do not unintentionally create contractual rights. But handbooks that ...
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