E-mail & Unions: NLRB to Address Access to E-mail During Union Organizing Campaign
August 19, 2003
With the United States economy still struggling to regain its footing, many unions see this period of economic, and employment, instability as an opportunity to sway employees to seek the 'protection' of union membership. Recent reports indicate that labor union organizing efforts are on the rise nationally. Furthermore, as unions focus on improving their campaign strategies, the average rate of union victory has increased slightly. Many employers are finding themselves in the midst of fierce union organizing campaigns, the outcomes of which could impact the continued viability of the companies.
After Iraq: Employer Obligations To Employees Who Are Returning From Military Leave
August 19, 2003
According to recent reports, approximately 220,000 reservists and National Guard members are on active duty. With the first phase of the Iraqi war nearing an end, many of these individuals may soon return home. This article answers some of the most frequently-asked questions by employers concerning their obligations to employees both while such employees are on military leave as well as when they return to work as civilians. An employer's obligations with respect to these issues is governed by the Uniformed Services and Reemployment Rights Act (USERRA).
Settlement Negotiators Beware: Verbal Negotiations May Have Unintended Consequences
August 19, 2003
Many corporate and litigation counsel know that oral settlement agreements may be enforceable. However, such counsel should be aware that terms discussed as mere possibilities during settlement negotiations may be mistakenly or knowingly misconstrued by an opposing party as an actual settlement agreement or an offer to settle. The former, or acceptance of the latter, could lead to two undesirable results if opposing counsel seeks enforcement by the court. First, the court could require an unwanted lengthy and expensive evidentiary proceeding to determine whether or not such an agreement occurred ' an outcome which would be based solely on the credibility of the witnesses involved. Second, and even worse, the court could enforce an unintended settlement agreement. In fact, if the underlying lawsuit is pending in federal court, such unintended and unwanted results could occur even if the otherwise applicable state law has a writing requirement.
Corporate Governance and The Role of the Governance Officer
August 19, 2003
A French acquaintance recently commented that my job is very '' la mode.' She was not referring to ice cream; rather, she was suggesting that the role of the corporate governance officer is very trendy. There certainly has been a lot of media buzz about corporate governance in recent months, including reports that a growing number of public companies have designated governance officers. However, neither corporate governance nor the role of the corporate governance officer should be viewed as a fad that will soon pass from the scene. The effort to achieve and maintain good governance is here to stay; there is much evidence that the corporate and investment establishments are creating permanent infrastructures to develop, evaluate and continuously improve governance practices.
Managing Sarbanes-Oxley Requirements
August 19, 2003
The Sarbanes-Oxley Act creates a number of new requirements for publicly traded companies that are intended to improve corporate governance and avoid another WorldCom or Enron. While many organizations have focused on the immediate requirements, more needs to be done to help create a corporate culture that both promotes legal and ethical business practices and provides employees with an effective tool to report fraud or accounting irregularities.
The Moseley Decision: The Supreme Court On Trademark Dilution
August 19, 2003
The U.S. Supreme Court recently issued its first decision interpreting the Federal Trademark Dilution Act of 1995 (FTDA) in Moseley v. V Secret Catalogue, Inc. In an opinion that corporate counsel were eagerly awaiting, the unanimous Court held that proof of actual dilution was required to succeed on a claim of trademark dilution under the FTDA. This decision effectively raises the bar for trademark owners and their counsel to prove a claim of actual dilution.
The Road to SEC Compliance
August 19, 2003
The SEC recently issued new rules regulating the conduct of attorneys practicing before it. The SEC has also proposed a new rule ' open for a 60-day comment period ' that would create an 8-K public reporting requirement by the board of directors, to be triggered by a lawyer's mandatory withdrawal from the representation in the event of uncorrected client actions.
Navigating the FLSA's 'White Collar' Exemptions
August 19, 2003
Most sophisticated employers are aware that the Fair Labor Standards Act (FLSA) requires that employees be paid overtime when they have worked more than 40 hours per week. Most employers also know that the FLSA contains certain exemptions from that rule. Those exemptions include what are commonly known as the 'white collar' exemptions. The white collar exemptions apply to those employees 'employed in a bona fide executive, administrative, or professional capacity.' When those exemptions apply, they may save significant overtime costs and ' often more importantly ' provide employers with useful flexibility for scheduling employees. Unfortunately, many employers in various industries are classifying employees as exempt who do not qualify for the exemption.
Hotline
August 19, 2003
Recent developments of interest to corporate counsel.
Bye Bye Billables?
August 19, 2003
The concept of value-based fees for legal services is generating a steady buzz in the legal marketplace. Debate, discussion, reports and articles abound as attorneys and their law firms try to figure out if there is a better compensation model than the billable hour.
