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Sharing Information With Auditors Could Increase Risk Of Waiving Privileges

In a post-Sarbanes-Oxley world it might seem that a company can never disclose too much to its auditors. Unfortunately, caution must be exercised when sharing information with auditors to avoid waiving legal privileges. Courts have long recognized that when accountants ...

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Bringing New Legal Talent Aboard: Structured Training To Avoid Failure

When a corporation brings in new talent, there are two risks: Fear that the company failed to hire the best attorney and fear that the company hired someone who will fail. These are distinctly different risks. Mis-hires are expensive. Hay ...

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Appeals Court Could Clarify ‘Advice-Of-Counsel’ Defense In Patent Infringement Cases

Willful patent infringement arises upon deliberate disregard for the property rights of the patent owner, and turns on whether the infringer exercised due care to avoid infringement. Companies concerned over potential or actual charges of patent infringement, and the threat ...

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‘Corporate Miranda’ Warnings Take On Great Importance

Recently, four former executives of a giant software company under investigation for accounting fraud pled guilty to obstruction of justice-related charges. What is unusual about this case is that the employees did not lie to prosecutors. Rather, they were charged ...

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New Overtime Regs Reflect Paying Employees In The 21st Century Economy

After months of debate and delay, the Department of Labor in April promulgated new rules for classifying workers as exempt from overtime protections under the Fair Labor Standards Act. The new rules will become effective Aug. 23. Not since the ...

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Best Practices For Terminating Employees

In this economy, many companies are downsizing and employment issues are rising as a result. Generally, an employer may terminate an employee for any reason, including a change in business conditions. However, an employer must be cautious to avoid the ...

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ACC Northeast Chapter Completes Conciliation Training for In-House Attorneys

The Northeast Chapter of the Association of Corporate Counsel recently concluded conciliation training for its members. ACC has provided pro bono mediation and conciliation services to the Woburn and Dedham District Courts in Massachusetts for 14 years under the auspices ...

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ACCA Northeast Chapter To Conduct Career Track Program

The Northeast Chapter of the Association of Corporate Counsel is conducting a program on Thursday June 10 that will provide tips on advancing an in-house legal career. The program, co-sponsored by Goodwin Procter and New England Legal Search, will have ...

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Workaholic Seeks Suggestions On ‘Breaking The Habit’

Ask the Coach appears regularly in New England In-House. Two expert executive coaches, Dr. Lew Stern and Linda Lerner, share their thoughts and ideas in answering your questions on complex management and leadership issues and difficult work situations. We are ...

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Stopping The Snowball Effect: Early Intervention Mediation In The Workplace

An employee is reprimanded for a minor error. The supervisor considers the matter closed and moves on to the next task. The employee, feeling offended and put-upon, ponders underlying motivations for the discipline. The conclusion he arrives at is that ...

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