David Dubberly

David Dubberly

Nexsen Pruet, PLLC

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Actions May Speak Louder than Words: Can Franchise Agreements Protect Franchisors from Liability as Joint Employers?

The National Labor Relations Board (NLRB) has created a buzz within the franchise community by announcing that McDonald's may be responsible as a "joint employer" for alleged unfair labor practices of some of its franchisees....more

8/6/2014 - Corporate Counsel Joint Employers McDonalds NLRA NLRB Unfair Labor Practices

Supreme Court Expands Sarbanes-Oxley Whistleblower Protection to Employees of Private Companies

In 2002, after corporate fraud at Enron led to the company's collapse, Congress passed the Sarbanes-Oxley Act (SOX). Under SOX's main whistleblower protection provision, an employee of a publicly traded company who claims...more

4/15/2014 - Employer Liability Issues Lawson v FMR Privately Held Corporations Sarbanes-Oxley Whistleblower Protection Policies

EEOC Lawsuit Challenges Commonly Used Language In Severance Agreements

On February 7, 2014, the Equal Employment Opportunity Commission (EEOC or Commission) sued CVS Pharmacy Inc. in federal court in Chicago to invalidate the company’s standard severance agreement. The lawsuit raises concerns...more

2/20/2014 - EEOC Severance Agreements

3 Legal Mistakes Hiring Managers Make In the Employment Process

In your experience, what's the one legal mistake hiring managers always (inadvertently) make? That's the question we asked labor and employment attorneys writing on JD Supra - and here is what we heard back...more

11/8/2013 - Background Checks Hiring & Firing Legal Perspectives

New I-9 Form Shows More Changes May be in Store for Employers

On March 8, 2013, U.S. Citizen and Immigration Services (USCIS) published a new two-page version of Form I-9, together with six pages of instructions. The new form will be required for use by all employers beginning May 7,...more

3/19/2013 - Eligibility Hiring & Firing I-9 USCIS

LightSwitch: Intellectual Property Law Bulletin - 1st Quarter, 2013 - January 2013

In This Issue: S.C. Supreme Court Upholds Confidentiality and “Holdover” Inventions Assignment Clauses in Employment Agreement; The America Invents Act: The Big Lesson Learned In The First Year; and The U.S.Patent And...more

1/30/2013 - America Invents Act Assignment of Inventions Milliken & Co. v. Morin Patent Reform Patents Trade Secrets

New Federal Law Increases Trade Secret Protection

On December 28, 2012, President Obama signed into law the Theft of Trade Secrets Clarification Act, which amends and expands the Economic Espionage Act (EEA)....more

1/23/2013 - Goldman Sachs Theft of Trade Secrets Clarification Act Trade Secrets

Justice Department and SEC Issue Guidance on Anti-Bribery Law

Originally published in Swampfox - January 22, 2013. In November 2012 the Department of Justice and the Securities and Exchange Commission issued a 120-page “resource guide” to the U.S. Foreign Corrupt Practices Act. ...more

1/23/2013 - Anti-Bribery DOJ FCPA FCPA Resource Guide SEC

S.C. Supreme Court Upholds Confidentiality and “Holdover” Inventions Assignment Clauses in Employment Agreement

Originally published in MidlandsBiz.com on December 18, 2012. In its most significant employment law decision of 2012, Milliken & Co. v. Morin, the South Carolina Supreme Court addressed the enforceability of provisions...more

12/19/2012 - Assignment of Inventions Confidentiality Agreements Employment Contract Milliken & Co. v. Morin Trade Secrets

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