InnovaCounsel Blog

Author Archives: MOswald

The Managerial Overtime Exemption, and How to Keep It

The federal Fair Labor Standards Act requires employers to pay employees at least minimum wage for every hour (or fraction) worked, and to pay overtime (at time-and-a-half) for all time exceeding 40 hours in a week.   Some states and … Continue reading

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Does Your Employee Handbook Undermine Your Company Culture?

In a tightening market for talent (especially tech talent), your company’s culture is a key differentiator. The CEO of Scentsy, (a company known for being a great place to work) recently said: “The right company culture attracts the right people … Continue reading

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No Harm, No Foul? No Way!

Here’s a risk management tip for employers who aren’t located in California but decide they need to hire people residing in the Golden State.   Many states permit employers to include non-compete clauses in their employment agreements. With rare exception, … Continue reading

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Consultative Consulting Agreements

Congratulations! You have decided to start a consulting business so other business leaders may access the wisdom you have accumulated in your career.   Here’s a tool to help you prepare a tightly-focused Consulting Agreement that won’t slow down your … Continue reading

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Using a Sales Contract that Speeds up Getting to Yes

In our post Top Five Ways CEOs Can Utilize Business Lawyers we suggested:   Write a Sales Contract that Speeds Up Getting to Yes.   Do you have a sales contract that you copied off the Internet, or a 20 page … Continue reading

Posted in Articles, Attorney - Client Relationship, Compliance, Contracts, Franchising, Fundamentals, General, In-house Counsel, Intellectual Property, Liberty, Litigation, Non-Disclosure Agreements, Outsourced GC, Risk Management, Strategy, Uncategorized | Tagged , , , | Leave a comment

What is keeping software company CEOs awake? Part 3

We at InnovaCounsel recently asked several software company execs this question: “What are the big issues that are costing you sleep these nights?”   In Parts 1 and 2 of this series, we addressed these issues:   “Use of [independent] … Continue reading

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What is keeping software company CEOs awake? Part 2

We at InnovaCounsel recently asked several software company execs this question: “What are the big issues that are costing you sleep these nights?”   Last week, we addressed the issue: “Use of [independent] contractors and having various taxing agencies dictate … Continue reading

Posted in Articles, Attorney - Client Relationship, Compliance, Contracts, Employment, Employment Contracts, Fundamentals, General, In-house Counsel, Intellectual Property, Litigation, Non-Disclosure Agreements, Outsourced GC, Risk Management, Strategy, Uncategorized | Tagged , , , | Leave a comment

What is keeping software company CEOs awake?

We at InnovaCounsel recently asked several software company execs this question: “What are the big issues that are costing you sleep these nights?”   We are getting some very thoughtful responses.   We will, from time to time, post an … Continue reading

Posted in Articles, Attorney - Client Relationship, Compliance, Contracts, Employment, Employment Contracts, Fundamentals, General, In-house Counsel, Litigation, Non-Disclosure Agreements, Outsourced GC, Risk Management, Strategy, Uncategorized | Tagged , , , | Leave a comment

Top Five Ways CEOs Can Utilize Business Lawyers

Top Five Ways CEOs Can Utilize Business Lawyers   You’ve heard that an ounce of prevention is worth a pound of cure.  How can you apply that if you are the CEO of a company that’s not yet big enough … Continue reading

Posted in Articles, Attorney - Client Relationship, Compliance, Contracts, Employment, Employment Contracts, Fundamentals, General, In-house Counsel, Intellectual Property, Litigation, Non-Disclosure Agreements, Outsourced GC, Risk Management, Strategy, Uncategorized | Tagged , , , , | Leave a comment

Getting Your Employees to Help Protect Your Trade Secrets.

Once you have figured out what your company’s trade secrets are, it is vital to engage your employees in the effort to protect them from improper use or disclosure.   Remind employees that company prosperity is vital to employee prosperity.  … Continue reading

Posted in Articles, Employment, Intellectual Property, Non-Disclosure Agreements, Risk Management, Strategy, Uncategorized | Tagged , , , , | Leave a comment