News & Resources

Do You Hesitate To Call Your Lawyer?

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There is a new category here on the Legal Updates Blog: Love Your Lawyer. Yes, really! The posts on this topic are meant to be a not-quite-so-serious look at the relationship between lawyers and their clients – with some useful tidbits of insight thrown in on how that relationship can be a positive and useful one. We’ll post these on Fridays, when no one wants to read an analysis of yet another serious legal issue anyway. Here’s our first topic: Do You Hesitate to Call Your Lawyer? Of course you do! It almost certainly costs you money every time your lawyer takes your call and no one in business looks forward to expenses. But let’s say you’re in business, you have a legal issue, you’re savvy enough to know you need some professional advice, you understand such...

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What To Do When A Key Employee Leaves: Seven Steps To Protect Your Business

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Employees resign all the time; that is the nature of employment. Regardless of how an employer feels about the departure of a key employee (sorry – or happy – to see them go), there are some key steps a business should take to adequately protect the company, especially if the former employee is going to work for a competitor. Check To See What the Employee Has Agreed To In the Event of a Departure. There may be a separate Non-Compete Agreement or other form of restrictive covenant. There may also be provisions in the company’s various policies – HR, Social Media, Code of Conduct, etc. – that describe the former employee’s obligations upon departing the company. Determine if the Agreement/Policy is Enforceable and In Good Legal Standing. Many employers have fairly...

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Who Owns a Company Twitter Account?

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There’s an interesting case pending in the Northern District of California Federal Court – PhoneDog v. Kravitz – that highlights two hot issues: 1) how important social media has become in the business world; and 2) what a business should do to protect their valued social media contacts. Here’s the background: While an employee at PhoneDog, Kravitz used a PhoneDog Twitter account (@PhoneDog_Noah) to send out information on behalf of the company and promote the company’s services.  After leaving PhoneDog, Kravitz continued tweeting under the PhoneDog Twitter handle on behalf of his new employer.   Later, he changed his handle to delete the reference to PhoneDog (@noahkravitz), but he still kept the roughly 17,000 Twitter account followers he had collected as a...

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