Business Organization, Commercial Law & Contracts, Labor & Employment Law

The 2013 Compliance Helpline Benchmark Report - STATISTICAL SNAPSHOT

by NAVEX Global on 5/16/2013

Please see full snapshot below for more information....more

Four Keys To Compliance Leadership

by Thomas Fox on 5/16/2013

One of the most divisive moments in American history occurred on this date in 1868. On this day the US Senate voted against impeaching President Andrew Johnson thereby acquitting him of having committed “high crimes and...more

What Is Your Compliance Strategy?

by Thomas Fox on 5/14/2013

Do you have a strategy? The Houston Astros claim to have a strategy that involves being the worst team in baseball for up to the next five years and then magically they will become a winner. ...more

The 2013 Ethics and Compliance Hotline Benchmark Report

by NAVEX Global on 5/13/2013

Introduction - Every year, ethics and compliance professionals gather data from the reports made through their various reporting systems. The way the data is segmented may mean the difference between catching a...more

PCAOB, Auditors And Executive Compensation

by Stephen M. Quinlivan | Leonard, Street and Deinard - Dodd-Frank and... on 5/9/2013

The Public Company Accounting Oversight Board, or PCAOB, has reproposed a new auditing standard, Related Parties, and certain other amendments to its standards. Overall, the reproposal is directed at detecting material...more

Independent Contractor or Employee: Are Independent Contractors the Best Solution for Multinational Organizations?

by Carson G. Burnham, Bonnie Pucket | Ogletree, Deakins, Nash, Smoak & Stewart,... on 4/24/2013

Almost every organization expanding overseas needs a vehicle to explore the market before making the business decision to establish a legal entity, yet few legal vehicles are available for this preliminary measure. Most...more

Buyer Beware of Successor Liability For FLSA Claims

by Donna Ray Berkelhammer | Sands Anderson PC on 4/23/2013

Businesses often acquire other businesses through an asset purchase, rather than a stock purchase, so that the buyer does not inherit the liabilities of the seller. Not all business owners realize that federal labor law...more

Top Ten Tax Mistakes For Restaurant Owners

by David Gair | Looper Reed & McGraw, P.C. on 4/19/2013

If you are thinking about getting into the restaurant business there are a multitude of issues that you need to consider. One of the most important is taxes. By this I mean, doing the appropriate advanced planning and also...more

Edgar Allen Poe And Innovation In The Compliance Function

by Thomas Fox on 4/19/2013

Tomorrow, April 20 is the anniversary of a truly innovative work of literature. On April 20, 1841, Edgar Allen Poe’s story, The Murders in the Rue Morgue, first appeared in Graham’s Lady’s and Gentleman’s Magazine. The tale...more

Doing Business in the U.S.

In This Issue: - Preface - Chapter 1 Choice Of A Business Entity - Chapter 2 Introduction To Federal Securities Laws - Chapter 3 From Let’S Go Shopping To Closing: U.S. M&A Process - Chapter 4...more

Company Owners Personally Liable for $3.1 Million Withdrawal Liability Assessment — Owners’ Lease of Commercial Property to...

by Jonathan Boyles, Paul Compernolle, David Diaz | McDermott Will & Emery on 4/17/2013

The U.S. Court of Appeals for the Seventh Circuit ruled that owners can be personally liable for multiemployer withdrawal liability where the owner leases property to its own closely held corporation. The decision highlights...more

What is an 83(b) election and how and when should I make one?

by The R. Bernard Law Group on 4/15/2013

When an employee or service provider receives stock that is subject to vesting, they should immediately consider how that stock might be treated under Section 83 of the Internal Revenue Code. Stock grants subject to Section...more

They Are Back, Although They Never Really Left, thebriberyact.com Guys

by Thomas Fox on 4/12/2013

Unlike that fabulous song-writing team of Lennon and McCartney, these two guys promised that they would be back and from what we have seen over the past few weeks, they have kept to their collective word. Yes, those two...more

Asset Acquisition Comes With Unexpected FLSA Pain

by John Birmingham Jr. | Foley & Lardner LLP on 4/10/2013

Some bargains are not as they seem. An asset-acquiring Company discovered this the hard way in Teed v. Thomas & Betts Power Solutions. In the case, at an auction, Thomas & Betts purchased the assets of a company in...more

Measuring Tone At The Top

by Michael Volkov on 4/4/2013

Compliance professionals have a lot of demands on their time. By definition, they are spread thin across a number of competing demands. As a result, companies do not spend much time on “tone-at-the-top.”...more

The Lifeblood Of Compliance: “Vertical” Information

by Michael Volkov on 3/21/2013

Here is a profound grasp of the obvious – compliance officers exist in a corporate organization. A CCO’s success depends on others in the corporation....more

The Benefits Of A Corporate Ombudsman

by Michael Volkov on 3/18/2013

My good friend, Judge Stanley Sporkin, has served for several years as the BP Ombudsman, focusing on potential safety issues. Judge Sporkin was retained by BP in the aftermath of BP’s suffering of a number of safety...more

Minnesota Legislation Would Ban Most Non-Competes

by Kenneth Vanko | Clingen Callow & McLean, LLC on 3/7/2013

About a month ago, a proposed bill was introduced in the Minnesota House of Representatives that would dramatically impact non-compete law in that state. ...more

Who’s The “Company”?

by Keith Paul Bishop | Allen Matkins Leck Gamble Mallory & Natsis... on 3/1/2013

In corporate groups, who employs whom may not be entirely clear. For example, an employee may have an employment agreement with a subsidiary but think of herself as being employed by the corporate parent. The identity of the...more

UK Government Proposals to Change the Share Buyback Regime

by Sean Geraghty, Rhodri Owen | Dechert LLP on 2/27/2013

On 15 February 2013, the government published a set of proposals relating to the implementation of the Nuttall Review’s recommendations on share buybacks. The changes are designed to reduce the barriers that disincentivise...more

Missouri Uniform Trade Secrets Act Does Not Protect Customer Information Insufficiently Guarded or Which is not Truly "Trade...

by Williams Venker & Sanders on 2/20/2013

In this case, a corporate successor, Central Trust Investment Company (hereafter also "Central Trust") sued the former employee (Kennedy) of its acquired company, Springfield Trust & Investment Company (hereafter also "STC"),...more

"Restrictive Covenants - The Final Chapter (For Now) - Part 2"

by Mark Woltersdorf | Dentons on 2/11/2013

Originally published in CCH Canadian Ltd, February 7. 2013. In This Issue: - Introduction - Subsection 56.4(7)— The “Realization of Goodwill Amount” and “Disposition of Property” Exceptions - Areas of...more

Socio-Economic and Cultural Risk Factors That Drive Corruption”: A Focus on the ‘Demand Side’ of the Equation

by Thomas Fox on 2/5/2013

Yesterday we discussed Occupational Fraud and how, according to the ACFE, survey participants estimated that the typical organization loses 5% of its revenues to fraud each year. Applied to the 2011 Gloss World Product, the...more

Tax Alert: FTB Disallows California Qualified Small Business Stock Benefits

by Adam Halpern, Andrew Kim, Ronald Schrotenboer | Fenwick & West LLP on 2/5/2013

The California Franchise Tax Board (FTB) recently issued FTB Notice 2012-03, stating that the FTB will disallow the exclusion or deferral of gain under California's qualified small business stock (QSBS) statute for all tax...more

The Virginia Supreme Court on Damages, Equity Valuation, and the Significance of Delaware Corporations Law in the Termination and...

by Linda Jackson | Littler on 2/4/2013

The Virginia Supreme Court has spoken again on the calculation of damages in a complex employment contract case. In Online Resources Corp. v. Lawlor, No. 120208 (Va. Jan. 10, 2013), the court addressed the expert...more

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Business Organization › Commercial Law & Contracts › Labor & Employment Law