With the continuing surge of wage and hour class claims, the threat of litigation against employers has become as certain as death and taxes. Employers must take proactive steps to armor themselves against future wage and hour litigation today. In this session, the following topics will be examined: (1) how to build good faith defenses to liability and/or liquidated damages in off-the-clock work and misclassification claims; (2) the risks and benefits of waiving the attorney client privilege as to past advice of counsel; (3) preparing a discoverable exemption analysis; (4) the key role of well publicized handbook timekeeping policies, wage and hour training and time entry certifications in defeating off-the-clock work claims; and (5) methods for creating contemporaneous business records showing the amount and type of exempt work performed by exempt employees.
Review various types of business insurance including D&O, E&O and special lines of coverage. Learn to understand standard policy clauses, insurers' interpretation of those clauses and practical steps you can take to maximize your company's insurance recoveries.
This Leading Practices Profile, The Role of General Counsel in the Middle East, features the law department leading practices for three entities navigating the many challenges of meeting the regulatory and cultural standards placed on global corporations.
With or without a compliance and ethics program, many organizations find themselves sweating under the scrutiny of the United States Sentencing Guidelines (USSG). Whom do you trust to conduct an effective internal investigation? Keeping it in-house can sometimes do more harm than good. Understand how the USSG scores different offenses and what steps to take to avoid serious repercussions.
When government action or public controversy affects corporate practice, commercial speakers must be wary of exposure to massive civil penalty suits. Even when speaking honestly and in the best interest of the public, accusations of deceptive and misleading conduct may surface. This article presents three tips to keep in mind, before you’re punished for speaking your mind.
By learning how to effectively manage third party subpoenas, in-house counsel can avoid the undue burden of fighting someone else’s legal battle.
By implementing a thorough internal review process, in-house counsel can ensure that a company’s hiring policies recruit qualified and trustworthy employees.
Contract boilerplate - choice-of-law, forum selection, integration, severability and survival clauses - are standard and necessary provisions in employment agreements. These clauses are so common that they're often recycled from one agreement to the next - sometimes with just a few keyboard clicks. But beware: Dangers may be lurking in these commonly used provisions.
After a decade of one ABA Section Committee that covered both Superfund and
Hazardous Waste, we decided to realign to better reflect the way practitioners have segmented
their practices. Thus, this is the maiden voyage of a new committee known as the Superfund and
Natural Resource Damages Litigation Committee. Note the emphasis on litigation. As we step
into the next phase of Superfund and NRD, we all expect the litigation to continue. This
committee is devoted to providing practical information, resources and tools to assist those
lawyers whose focus is in the Superfund and NRD areas.
An article and presentation on the when to set a reserve.
How much diligence is due? The authors discuss the various levels and elements of environmental due diligence and the factors that determine the appropriate level of due diligence in a given transaction.
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