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 ...
Read More »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 ...
Read More »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 ...
Read More »‘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 ...
Read More »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 ...
Read More »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 ...
Read More »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 ...
Read More »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 ...
Read More »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 ...
Read More »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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