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Liability Releases for Background Checks Are Unlawful
Employers in all industries perform background checks as a part of their pre-employment screening process, sometimes performing such checks post-employment, as well. The federal Fair Credit Reporting Act (FCRA) requires employers to first inform applicants and employees about the intent to obtain and use a background check to make employment-related decisions before the employers are permitted to actually get the background check. The FCRA also requires employers to obtain the employee's or applicant's permission before procuring the background check. But what the law does not do is provide employers with a template disclosure or any concrete guidance on what the disclosure should say. Rather, the law simply forbids employers from including anything beyond “solely the disclosure” and authorization in the form used to inform individuals about the employer's intent to obtain a background check.
Catastrophic Risks
It may seem like a simple issue, but the risk of violating this provision — dubbed the “Stand Alone Disclosure” rule — can be catastrophic. Because of the way the statute's damages scheme is written, a mere violation of the provision may be negligible. However, if a violation is found to be “willful,” it can subject the company to damages up to $1000, and considering how many of these cases are brought as class actions, it's easy to see how a seemingly innocuous form can result in bet-the-company litigation.
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Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
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Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?
The Cost of Making Partner
Making partner isn't cheap, and the cost is more than just the years of hard work and stress that associates put in as they reach for the brass ring.