Corporate Counsel Collection

The Legal Intelligencer


Beware of Employment Law Landmines for Multistate Employers
The Legal Intelligencer
December 18, 2013

As more companies grow and expand beyond their startup location, the potential for employment law landmines increases exponentially. Many companies desire the ease and uniformity of one-size-fits-all policies and procedures, especially as the company grows. But companies operating in multiple states must take care that their policies and procedures comport with not just federal employment laws, but also state and even local employment laws for all of the jurisdictions in which they operate. Even documents as standard as an employment application may need to be modified based upon state or local law. Full Text

The Importance of Drafting Clear Corporate Bylaws
The Legal Intelligencer
December 4, 2013

In September 2009, when the FBI had arrested Sergey Aleynikov for allegedly stealing proprietary trading codes from Goldman Sachs, the financial powerhouse probably did not expect, as a purported victim, to pay him to defend against the criminal charges. Full Text

Severance Payments May Not Be Subject to FICA Tax
The Legal Intelligencer
November 20, 2013

As corporate downsizing becomes more commonplace in today's challenging business environment, severance payments to departing workers are under more scrutiny. It is well established that such severance payments are included in workers' gross income and subject to federal income tax withholding. But whether such severance payments are wages for purposes of the Federal Insurance Contributions Act has become a controversial issue over the years. Much of the debate stems from the intertwined and complex history of the federal income tax withholding and the FICA tax provisions. Full Text

Investigating Employee Complaints of Workplace Bullying
The Legal Intelligencer
November 13, 2013

Workplace bullying is once again receiving significant media attention after a Miami Dolphins offensive lineman, Jonathan Martin, lodged allegations of bullying and harassment by fellow lineman Richie Incognito and other unnamed teammates. While the National Football League investigates Martin's claims, the Dolphins have suspended Incognito pending the outcome of the investigation. The NFL's prompt response to Martin's allegations serves as an important reminder that it is imperative that employers implement an effective mechanism to investigate and resolve workplace complaints. Full Text


Key Elements of an Effective Bring-Your-Own-Device Policy
The Legal Intelligencer
October 30, 2013

Employee-owned devices, particularly smartphones and tablets, are increasingly used in the workplace. Although many employers have gone to significant expense to equip their workforces with such devices, more and more employees rely on their own devices, in a trend known as bring your own device. BYOD offers advantages for both employee and employer. Employees crave the most up-to-date devices, but may not want to carry more than one. Employers can save the expense of purchasing and updating devices, while fostering a more productive work environment. According to one study by Gartner Inc.'s Executive Programs, half of all employers will require workers to bring their own device by 2017. Clearly, BYOD is here to stay. Full Text


Six Ways to Avoid Wage-and-Hour Class Action Litigation
The Legal Intelligencer
October 16, 2013

Before the advent of wage-and-hour class action litigation, labor and employment cases rarely rose to a level that impacted corporate financial statements. Full Text

GCs as Board Members? Let's Refocus That Energy
The Legal Intelligencer
October 2, 2013

In theory, it makes great sense—general counsel have the skill set to make terrific board members, as a recent survey suggests. By virtue of their professional training and analytical approach, general counsel possess traits that are in high demand by boards. Full Text

Getting Discovery on a Plaintiff's Motive in Filing Suit
The Legal Intelligencer
September 25, 2013

Every day, countless civil lawsuits are filed in this country. Every day, countless plaintiffs seek relief from our nation's court systems, whether it be to recover for economic losses, to prevent future illegal conduct or to challenge a law or regulation. For a lawsuit to continue past the preliminary stages, each plaintiff must allege some degree of facts and a cognizable legal theory that entitle that plaintiff to relief. Full Text


Preparing for Appellate Review While in District Court
The Legal Intelligencer
September 12, 2013

For in-house counsel, a federal district court order granting or denying class certification is often a watershed moment. If certification is denied, it may be economically impractical for the plaintiff to continue to litigate and the case may effectively be won. If certification is granted, in-house counsel may face extraordinary pressure to settle and avoid the risk of an adverse judgment on hundreds or thousands of claims. Full Text


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