This article discusses how recent court decisions have empowered the consumer. For example, in Australia, a leading residential housing developer was slapped with hefty fines for deceptive conduct; real estate developers in India have also found themselves in the regulator’s sights.
Courts and administrative agencies, including the US National Labor Relations Board, are expanding the definition of “employer” to allow liability for employment obligations to cross corporate lines. Various legal theories, including joint employer, single employer, and alter-ego theories, are being used to treat nominally separate corporate entities as one employer for liability purposes. The result of this definitional expansion is that affiliated companies are being found liable for labor and employment law violations of subsidiary or sister companies, including violations of the Worker Adjustment and Retraining Notification, Employee Retirement Income Security Act, wage and hour, discrimination, and whistleblower laws, among others. Many corporate structure forms are put at risk, including holding and operating companies, parent-subsidiary relationships, private equity management-portfolio company relationships, general and limited partnerships, independent contractor relationships, and joint ventures. This session will address the factual and legal bases for disregarding corporate separateness in the labor and employment law setting and suggest practical strategies to minimize or avoid liability.
Christy Neuhoff, system VP general counsel of St. Luke's Health System, discusses dealing with change in her industry, career and life in general.
This overview provides insight into the common conflicts-related issue of when—or if—employees may accept gifts and entertainment from customers, suppliers or other parties with whom the company does or may do business. The core issue is whether a gift or entertainment is reasonable and appropriate.
Visit BloombergLaw.com for more corporate compliance practical guidance.
Commercial transactions move at a breakneck pace in today’s business environment. Technological advancements in contract drafting programs, word processing, and video/telephone conferencing have enabled more agreements to be completed in less time. Even so, a bottleneck persists for many organizations during the execution phase of an agreement, governed by archaic principles that don’t take advantage of current laws and technologies. This session will explore the various types of electronic signatures, current laws surrounding electronic signatures, products and services available to support electronic signatures and best practices for adopting an electronic signature program.
This is a sample software database license agreement.
This article examines the subpoena power of the Equal Employment Opportunity Commission (EEOC) and the Occupational Safety and Health Administration (OSHA), and provides guidance for employers who receive subpoenas from these agencies. It also looks at how contractors should respond to requests for information from the Office of Federal Contract Compliance Programs (OFCCP).
The European Union Directive 95/46/EC on the protection of individuals with regard to the processing of personal data and the free movement of such data was adopted on October 24, 1995 and entered into force on October 25, 1998. The Directive provides a regulatory framework for the use and disclosure of personal data in the EU. This lists the terms used in the Directive.
A social media policy is highly desirable for setting clear standards in the workplace, but employer regulation of employees' out of work activities must be reasonable. Read this article to learn how you can use a social media policy for your employees.
An article discussing the use of social media outlets such as Facebook and Twitter by employees, and what employers need to consider when employees use these outlets on or off of the clock.
Read this article and learn how to implement self-sustaining codes of conduct and corporate policies that will get behavior to conform to the ideals espoused in such documents.
The author traces a path from the dawn of man to a recent court ruling to discover the true meaning of good faith.
This article provides an overview of the option clauses in Shareholders Agreements regulated by Brazilian law and the instruments that can be used by the parties in order to assure the enforceability of said clauses.
This short article discusses regulatory changes in Brazil implemented in 2013 that made it easier to invest in small and medium-sized companies.
An introduction to the New to In-House Interest Group. The New to In-House Interest Group was formed to provide resources for in-house "newbies" who have transitioned from law firms, government, industry, or law school
The following article is a primer for non-lawyers in your company on how to audit corporate records to evaluate the knowledge that they contain as one of the first steps in setting up, revising, and maintaining an effective records management program. Because business people in your company may be more conscious now about records management issues, such as retention and destruction policies and schedules, since Enron and Andersen and other recent news-making events, the article explains the importance of going way beyond the outer concerns of what media to use for storage and how long to keep various records. The article explains the importance of delving into the content of the records and asking the right questions about why the company would want or need to keep the records and how the company could use those records to prove its worth in ways perhaps previously not considered. The article also outlines the critical fundamentals of performing a corporate records audit and offers practical suggestions and materials for completing a records audit. The article is certainly not a substitute for personal advice from in-house counsel geared to the particular records at hand, but should help lay the groundwork for discussions.
This Wisdom of the Crowd, compiled from questions and responses posted on the IT, Privacy and eCommerce Forum, addresses under what conditions consequential damages in non-disclosure agreements should be disclaimed.
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