Company E-mail and Employee Privacy: An Ongoing Oxymoron
July 28, 2005
Many observers have noted that e-mail use often replaces personal phone calls and for employers is a more efficient and less disruptive way for employees to maintain the personal and home contacts they need. The military and other agencies recognize that e-mail is a convenient way for troops to stay in touch with their families and have set up "cyber tents" where troops line up to log on. It is also clear, however, that damaging material carried by phone doesn't carry the risk that the same information poses when put in writing and sent electronically.
Rule Changes for Electronic Discovery?
July 28, 2005
Technology has not only changed the way we live, but also the manner in which companies and their employees conduct business in the modern world. Today,…
Time To Check Your D&O Coverage
June 27, 2005
It has become clear that not all D&O insurance coverages are created equal. And, in many instances, your policy may not provide the coverage that you count on. Clearly, in recent years, liability exposure for corporate directors has significantly increased. The erosion of protection not only for outside directors but also directors and officers generally, is a direct result of the corporate scandals that have erupted over the last several years, in one case creating the largest corporate bankruptcy in history, all due in large measure to fraudulent activity on the part of some.
Contingency Fees: A New Option For Complex Business Litigation
June 27, 2005
For many years, there have been qualified attorneys performing contingent fee services in securities class actions, consumer class actions, toxic tort and personal injury cases. But, historically at least, the contingent fee approach has not been a viable option for complex business cases. Why has this been the case? There seem to be three key reasons: Supply, demand, and tradition.
The Dangers of Electronic Discovery: Lessons From Morgan Stanley
June 27, 2005
The Morgan Stanley case is the most recent example of the perils that corporate defendants face in the era of electronic discovery. Electronic evidence, and especially e-mail, now plays a starring role in litigation and investigations involving large corporations, particularly in areas such as employment discrimination, fraud and corporate mismanagement. Judges are increasingly familiar with electronic discovery, and are increasingly willing to impose heavy sanctions on corporations who do not comply with electronic discovery requests. As the Morgan Stanley case shows, the consequences of these sanctions can be dire. Therefore, it is important that companies take heed of the lessons of the Morgan Stanley case, and ensure that they have in place a comprehensive and effective system to recover and produce electronically stored documents.
Workplace Wellness Meets Employment Law
June 27, 2005
For at least 40 years, public policy has favored limiting employer intrusion into employees' personal lives. While certainly not the first incursion into this divided territory, the growing trend of employer wellness programs blurs the boundary significantly. Indeed, wellness programs are fashioning a new public policy ' one favoring employer involvement in improving employee health.
Hotline
June 27, 2005
PCAOB Issues Guidance on Audits of Internal ControlThe Public Company Accounting Oversight Board has published additional guidance to auditors on how to…
Employee Background Checks: The Dos and Don'ts
June 27, 2005
Whether your company is in the Fortune 500 or a small independent business, hiring and retaining qualified honest employees is critical to your success. In fact, a recent study showed that almost half of all job applicants submitted inaccurate or incorrect information to their potential employees. Given these alarming statistics, it is vital that you conduct background checks even before making hiring decisions.
New HSR Rules for Transactions Involving Partnerships and LLCs
June 01, 2005
Forget what you know about the Hart-Scott-Rodino Antitrust Improvements Act (HSR) and partnerships. Forget what you know about HSR and LLCs. The rules have changed ' again. The good news is that the rules make more sense, and certain exemptions to the filing requirements have been codified or expanded. The bad news is that a small number of deals that used to slide under the HSR radar may now be caught. More strategically speaking, the rules now provide more opportunities to "choose" whether your next joint venture will be subjected to substantive agency review under the HSR scheme, heightening the value of HSR counselors' advice on structure issues at early planning stages.
The Challenge of Electronic Records Corporate Compliance
June 01, 2005
Legal standards regarding electronic discovery and document retention have recently undergone a rapid transformation. Increased regulatory oversight of corporations ' and resulting recordkeeping obligations ' coupled with the increasing volume of electronic communication have created new challenges with regard to document retention and production. More than 99% of information is now being created and stored electronically. Anything that can store, transmit, replay or access electronic data may potentially hold useful corporate records and electronic evidence. Recently, courts and regulators have issued a multitude of new obligations requiring document retention that attempt to define and reconcile the duties of parties and counsel with regard to electronic documents as the judiciary struggles to keep pace with technology. In determining whether a document should, or is required to, be kept, the focus should not and cannot be on the media ' <i>ie</i>, whether it is an e-mail, paper copy, facsimile, instant message, text file, or a Web site. Rather, the relevant question is what information is contained in that document.
