'Faithless Servant' Must Surrender All Income
October 01, 2003
The Second Circuit, in a rare venture into the realm of damages resulting from a breach of the duty of loyalty, has ruled that a "faithless servant" must surrender all income, including investment opportunities, after the date the disloyal acts began.
Wage Claims under Labor Law: Executives Need Not Apply
October 01, 2003
Wage claims under Section 191 of the Labor Law are a handy gadget in a plaintiff's toolbox. Such statutory claims provide not merely for recovery of lost wages but also liquidated damages equal to 25% of the total wages due as well as attorneys' fees and costs. Section 191, however, has an Achilles heel, and that is its application to supervisors and executives or, better put, its inapplicability to them.
Non-Competition Law in France and the EU
October 01, 2003
In the international arena, U.S. employers should refrain from seeking to blindly impose the "American way" of drafting and implementing restrictive covenants in an attempt to harmonize their employees' working conditions all over the world. Indeed, there is simply no such a thing as a standard restrictive covenant that could be implemented whatever the location of the workplace in the world.
Arbitration Awards Not Subject to Dilution
October 01, 2003
Arbitration awards are subject to limited judicial review. May parties contract to further limit the review afforded by courts to an award? The Second Circuit ruled parties may not seek to lower the standard of review of an arbitration award to be applied by a court.
The Lawyer's Guide to Public Relations
October 01, 2003
There is definitely an art to becoming the object of the press's affection. If you are lucky enough to have an in-house public relations department, your "luck runneth over." However, for most lawyers whose wish list includes "personal appearances" either via print media or electronic media, it can be a challenging and sometimes frustrating experience. There is hope, and it comes in the form of having a personal public relations/professional development plan. While most business development efforts focus on marketing, public relations can be a key component to one's overall success. Public relations is different than marketing in the sense that it requires a more personal approach to one's professional development plan. It requires an individual to hone a separate set of skills that enables one to speak, be quoted and appear as a spokesperson in a specific area of expertise.
A Word to the Wise
September 02, 2003
Discovery of electronic communications. Employees generally cannot live without it (if they hope to state a claim), but often cannot afford to pay for it. Employers can generally afford to pay for it, but resent paying to help a plaintiff make his or her case against them. This dilemma is only further exacerbated by the proliferation of electronic communications that has made the discovery of such information very time-consuming and expensive.
Dispute Resolution Gets a Makeover
September 02, 2003
Several governmental and regulatory bodies have announced new initiatives aimed at increasing access to their dispute resolution programs, strengthening the credentials of their neutral panels, and improving the efficiency of their dispute resolution processes. These decisions were reached, in part, after evaluating success rates and feedback relating to these dispute resolution programs.
