A well-known Silicon Valley company got caught in media firestorm last week when it fired an employee for what he posted on an internal (i.e., non-public) “Suggestion Box” discussion forum. I use the word “caught” advisedly. It appears the … Continue reading →
August 15th, 2017 by MOswald | Tags: dispute resolution, forum, internal discussion forum, rules of engagement
Articles, Compliance, Employment, Employment Contracts, Fundamentals, General, In-house Counsel, Intellectual Property, Risk Management, Strategy, Uncategorized | 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 »
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 »
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 →
May 30th, 2017 by MOswald | Tags: company culture, Employee handbook, employment law, employment policies, legal compliance, review team
Articles, Attorney - Client Relationship, Compliance, Employment, Employment Contracts, Fundamentals, General, In-house Counsel, Intellectual Property, Non-Disclosure Agreements, 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 »
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 →
May 17th, 2017 by MOswald | Tags: collection risk, consulting, consulting agreement, intellectual property, Risk Management
Attorney - Client Relationship, Compliance, Contracts, Employment Contracts, Fundamentals, General, In-house Counsel, Intellectual Property, Non-Disclosure Agreements, Outsourced GC, 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?” 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 »
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 →
April 18th, 2017 by MOswald | Tags: economic realities test, employee classification, employees, Independant contractor
Articles, Attorney - Client Relationship, Compliance, Contracts, Employment, Employment Contracts, Fundamentals, General, In-house Counsel, Litigation, Non-Disclosure Agreements, Outsourced GC, Risk Management, Strategy, Uncategorized | No Comments »
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 →
April 4th, 2017 by MOswald | Tags: CEO, contracts, Human Resources, Independent Contractor, Sales contract
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 »