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Revisit Your Non-Disclosure Agreements or Risk #MeToo Issues
As you probably know, non-disclosure agreements signed by employees are legally binding. These may prevent workers from speaking out about workplace practices, including #MeToo issues. Newly introduced federal legislation targets NDAs that silence employees reporting sexual harassment. This is already a matter of law in some states, including California and Washington. Lift Our Voices, a…
Friday Factoid Quiz: Trademarks of the NFL Elite
Baltimore Ravens’ QB Lamar Jackson recently made the news by filing a trademark application with the USPTO to register YOU 8 YET? for clothing, footwear and restaurant services. If this mark is registered as planned, Jackson will join several other elite current and former players who registered their proprietary marks. To mark the occasion, test…
Same-Sex Couples Move Quickly to Secure Legal Status in the Wake of Dobbs Decision
Several years ago, in the wake of the US Supreme Court’s landmark decision in Obergefell v. Hodges – which legalized same-sex marriage nationwide – many same-sex couples who had been denied for decades of the rights of marriage and adoption were quick to secure legal status for themselves and their children. This was especially true…
M&A Nuggets: Be Prepared … for Due Diligence, Before You Seek to Sell Part 1 – Sales Tax
The due diligence process, during which the purchaser requests and analyzes large volumes of information, requires a huge time commitment from the sellers’ personnel. Unknown issues and issues which are known but have not been dealt with in the past, can rear their head during the due diligence process, interrupt the otherwise smooth…
OK at Work: Personal Discussions as an Employer
This week on OK at Work, Sarah Sawyer and Russell Berger discuss dos and don’ts for employers when casually conversing with employees and candidates. While conversations of a personal nature are a common way employers attempt to connect with employees, there are often unintended consequences of delving too deep. Listen to learn more.
Invest Early in the Corrective Action Plan Process to Enhance Success
Situation: Your entity (nursing home, personal care home, assisted living facility, etc.) receives notice from your relevant state department of needed corrections to your facility operations in order to be compliant with relevant state laws. The state requires you to prepare a Corrective Action Plan (CAP) within fourteen days. Your facility prepares the CAP…
Read Delete: 4th of July Facts & Figures
4th of July Facts & Figures Fireworks and freedom: That’s what America does on the Fourth of July to celebrate the country’s birthday, established with 56 founding fathers’ pen strokes on the Declaration of Independence in 1776. We also eat a whole lot of hotdogs: 150 million in total. We make a toast or two…
Friday Factoid Quiz: Notable Anniversaries
Happy Anniversary to Friday Factoids®!!!! This summer marks the 10th anniversary of the launch of this series. To mark the occasion, test your knowledge of these anniversaries celebrating several famous brands and creative works.
When Does the Automatic Stay Protect Companies that are Not in a Bankruptcy Proceeding?
In June 2022, Reuters published an article titled “How a “Bankruptcy Innovation” Halted Thousands of Lawsuits from Sick Plaintiffs.” The mechanism used to halt ongoing lawsuits was the automatic stay triggered by the bankruptcy filing of an affiliate of the defendant companies. The “bankruptcy innovation” is the so-called Texas Two-Step. The Texas Two-Step is not…
Is the Company’s Non-Compete Enforceable?
There’s a lot of fuss nationwide about whether agreements signed by employees not to compete after their employment are allowable. The FTC has now said that it is going to pursue a regulation banning non-competes. I have reviewed and written many non-compete agreements over the course of my career. Many of them are likely unenforceable under existing…