Uber is spending a lot of management time and money these days dealing with complaints from multiple U.S. Federal Government Agencies. The National Labor Relations Board (NLRB) is investigating Uber for alleged unfair labor practices. The battle is over … Continue reading →
August 29th, 2017 by MOswald | Tags: comprehensive privacy program, FTC, time management
Articles, Attorney - Client Relationship, Compliance, Contracts, Employment, Employment Contracts, Fundamentals, General, In-house Counsel, Litigation, Non-Disclosure Agreements, Risk Management, Uncategorized | No Comments »
One of the best (and most affordable) risk management tools available is the clear, concise, written business agreement. What’s not to like about oral (i.e., unwritten) agreements? Let us count the ways: 1. Unenforceability. Some aren’t even legally … Continue reading →
August 22nd, 2017 by MOswald | Tags: legally enforceable, Oral Agreement, Risk Management
Articles, Attorney - Client Relationship, Compliance, Contracts, Employment, Employment Contracts, Fundamentals, General, In-house Counsel, Intellectual Property, Litigation, Real Estate, Risk Management | No Comments »
Before you hire your first (or next) employee, really take the time to write a great job description for the position. A great job description, by the way, is one that spells out (i) the essential job functions, (ii) reporting … Continue reading →
August 8th, 2017 by MOswald | Tags: essential job functions, job description, litigation
Articles, Attorney - Client Relationship, Compliance, Contracts, Employment, Employment Contracts, Fundamentals, General, In-house Counsel, Litigation, Risk Management, Strategy, Uncategorized | No Comments »
Today’s post was prompted by a gem from our friend Eric B. Meyer of The Employer Handbook. His post is here: https://www.linkedin.com/pulse/dont-let-exceptions-your-work-rules-make-become-exception-eric-meyer The employer in question (the Delaware River & Bay Authority) appears to have had a reasonable hiring … Continue reading →
July 18th, 2017 by MOswald | Tags: discrimination, discrimination-free workplace, Hiring procedures, job description
Articles, Attorney - Client Relationship, Compliance, Contracts, Employment, Employment Contracts, Fundamentals, General, In-house Counsel, Litigation, Non-Disclosure Agreements, Outsourced GC, Risk Management, Uncategorized | No Comments »
Uber’s CEO Travis Kalanick lost his job following an internal investigation into allegations of sexual harassment at the company. Roger Ailes of Fox News met a similar fate after an internal investigation following high-profile sexual harassment suits filed by … Continue reading →
July 11th, 2017 by MOswald | Tags: anti-harassment, harassment, policies and procedures, sexual harassment
Articles, Attorney - Client Relationship, Compliance, Contracts, Employment, Fundamentals, General, In-house Counsel, Litigation, Risk Management, Uncategorized | No Comments »
Cybersecurity has been a serious business concern for several years now. It doesn’t seem to be getting any better despite a wide range of efforts to combat the bad guys. In fact, according to the Ponemon Institute’s 2017 Cost of … Continue reading →
June 28th, 2017 by MOswald | Tags: Cybersecurity, cybersecurity insurance, data security breach
Articles, Attorney - Client Relationship, Compliance, Contracts, Employment, Employment Contracts, Fundamentals, General, In-house Counsel, Intellectual Property, Liberty, Litigation, Outsourced GC, Risk Management, Strategy, Uncategorized | No Comments »
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 →
May 23rd, 2017 by MOswald | Tags: California Law, non-compete clause, Risk Management
Articles, Attorney - Client Relationship, Compliance, Contracts, Employment, Employment Contracts, Fundamentals, General, In-house Counsel, Litigation, Non-Disclosure Agreements, Risk Management, Strategy, Uncategorized | No Comments »
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 →
May 9th, 2017 by MOswald | Tags: business contracts, contracts, Sales contract, software license agreement
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 | No Comments »
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 →
May 2nd, 2017 by MOswald | Tags: company privacy liability, contract form, Disaster Recovery Program, Large Enterprise Customers, Risk and Insurance
Articles, Attorney - Client Relationship, Compliance, Contracts, Fundamentals, General, In-house Counsel, Intellectual Property, Liberty, Litigation, Non-Disclosure Agreements, Outsourced GC, Risk Management, Uncategorized | No Comments »
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 →
April 25th, 2017 by MOswald | Tags: intellectual property, IP, New Hire Orientation, Software Ownership claims
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 | No Comments »