Posts Tagged "Business Law Issues"

Businesses: Beware of Hiring Unpaid Interns

»Posted in News & Resources

Summer is almost here and many students looking to get their foot in the door of a certain industry and/or just gain some real world experience are willing to work as an unpaid intern. Employers may jump at the chance to get some enthusiastic workers at a great price: free! But employers in the for-profit arena need to be very careful: calling a worker an “intern” when they are really acting more as an employee can have serious and expensive consequences for the employer. Three recent cases have drawn attention to the issue of unpaid interns. A class of interns sued Fox Searchlight for their unpaid work on the movie Black Swan; a class action lawsuit was filed against the Hearst Corporation on behalf of more than 100 unpaid interns at various Hearst publications...

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Tips for a Productive (and Painless) Meeting With Your Lawyer

»Posted in News & Resources

It’s late Friday afternoon and after a long busy week you’re wrapping up business and looking forward to the weekend. But wait, here’s the calendar for next week and right there it says you have a meeting with your company’s lawyer next Monday to tackle that such-and-such issue. Hmm, did the prospect of an upcoming meeting with your lawyer just evaporate that warm Friday afternoon feeling? Was that big sigh because you’re worried that the one-hour meeting will stretch into two, you’ll walk away more confused than when you walked in and ultimately the meeting will just not be a productive use of your valuable time? As part of our Friday afternoon blog campaign to Love Your Lawyer (well, just like your lawyer), we have some tips for clients to help that meeting...

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A Matter of Minutes: Tips and Best Practices for Drafting Board Meeting Minutes

»Posted in News & Resources

We’ll start this blog right off by admitting that preparing corporate minutes can be a tedious chore, oft postponed and viewed as a lowly ministerial task. However, minutes are a very important record for your business and in some instances can take on a critical significance – good or bad. This is true for large publicly traded companies or smaller privately owned ones. Somewhere – whether it is auditors, shareholders or a potential acquirer of the company – someone will be taking a good close look at your minutes. Sloppy minutes cause problems. Good minutes assure the reviewer that your company is well run with appropriate practices and procedures in place. Minutes do matter, so treat them with respect! With that in mind, here are some tips for preparing...

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Rare Win for California Employers: Court Prevents Former Employee From Soliciting Customers

»Posted in News & Resources

In our blog post on April 10 – What To Do When a Key Employee Leaves: Seven Steps to Protect Your Business – we referenced a recent California case where the employer prevailed, winning an injunction that prevented its former employee from soliciting their customers. We promised further discussion regarding this rare win for an employer, as this case provides guidance on what may be considered trade secrets and how businesses may be able to prevent former employees from unfairly poaching their customers. First, some background. Employee mobility rules supreme in California. That means a covenant not to compete between an employer and employee – which prohibits an employee from working for a competitor, even for a limited period of time – is essentially...

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

»Posted in News & Resources

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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