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To Sue or Not to Sue: That Is the Trade Secret Question

You have just learned that a senior member of the company research and development team has resigned. The employee had access to important confidential information about your company’s product development, manufacturing...more

Sixth Circuit Upholds Venue Selection Clause in Pension Plan

The U.S. Court of Appeals for the Sixth Circuit upheld a pension plan’s venue selection clause and affirmed dismissal of the participant’s claims for benefits on the ground that such claims were not filed in the authorized...more

International Migrants Day and Operating with Respect for the Rights of Migrant Workers

December 18 is International Migrants Day. Companies in a wide variety of industry sectors must address the human rights-related risks specific to employing migrant workers. These workers are especially vulnerable to human...more

5 Insights From The SEC Whistleblower Program Annual Report That Will Impact Your 2015

The SEC’s whistleblower program has had a noteworthy year. They outlined the highlights in their “2014 Annual Report to Congress on the Dodd-Frank Whistleblower Program.” Here are five trends that will continue to have an...more

Avenues for Reporting Employee Concerns

We all like to make things more complex or difficult than they need to be. Consider that a life lesson that we can share with our children, assuming they are even listening to us these days....more

SEC Proposes JOBS Act Rules for Exchange Act Registration Requirements

As mandated by the JOBS Act, the SEC has issued proposed amendments to revise the rules related to the thresholds for registration, termination of registration, and suspension of reporting under Section 12(g) of the Exchange...more

Community Banking Excellence - Issue 4, 2014

In This Issue: - Another Perspective - From the Editor - Executive Compensation: It May be Limiting Your Choices - Community Banks Adding Prepaid Products Face New Imperatives - Discharge, Debt Buyers and...more

Three Nike Employees Perpetrate Massive Theft of Trade Secrets then Bolt for Adidas

Nike has sued three former employees who left to work for Adidas. The company is suing for everything imaginable: Breach of contract, theft of trade secrets, fraud, conspiracy and more. In a fifty page Complaint, the athletic...more

FRANCHISEE 101: Independent Contractors or Employees?

In Ruiz v. Affinity Logistics Corporation, another recent delivery driver case that arose in California, Affinity Logistics' drivers claimed they were employees and had been misclassified as independent contractors. The trial...more

NAVEX Global’s Most Popular Ethics & Compliance Matters Articles from 2014

This year, we relaunched our blog with the goal of better serving the ethics and compliance community, providing deeper insights on topics that matter most to E&C professionals, as well as best practices and practical steps...more

Investment Management Update

In This Issue: - SEC Announces First-of-Its-Kind Whistleblower Award To an Audit and Compliance Professional - SEC Issues No-Action Letter To Allow for Amendment of a Sub-Advisory Agreement without Shareholder...more

The Construct - December 2014

In This Issue: - Another Perspective: Constructing (and Eating) a Piece of the Energy Sector Pie - An Interview with Melvin Stroble, REM, Project Manager, Energy for Black & Veatch - Executive Order 13658...more

Court Rejects Manifest Disregard Of Law Claim

A district court in Pennsylvania has denied a motion to vacate a prior arbitration award based on the arbitrator’s alleged manifest disregard of the law, and instead granted a motion to confirm the award in a case arising out...more

EEOC’s Attempt to Limit Reach of Severance Agreements Hits Roadblock… Again

A federal judge in Colorado has once again stymied the EEOC’s efforts to successfully challenge an employer’s standard separation agreement as violating the Age Discrimination in Employment Act.  The decision in Equal...more

Directors Need to Meet High Standard to Avoid Liability

The Tax Court of Canada again confirmed that directors of corporations will have a high burden to meet to establish a due diligence defence and avoid liability for unremitted source deductions....more

Employment Client Alert: Court Upholds Enforceability of Ambiguous Employment Contract

In Pacific Corporate Group Holdings, LLC v. Keck, No. D062277, published December 12, 2014 (Keck), the Court of Appeal held that an employee could enforce the terms of an employment contract where the parties’ conduct showed...more

When Does an Anti-Arbitration Provision Not Prohibit Arbitration of a Dodd-Frank Whistleblower Claim?

The Dodd-Frank Wall Street Reform and Consumer Protection Act, enacted on July 21, 2010, provides broad whistleblower protections to individuals who report certain possible violations of federal securities laws. Mindful that...more

Does YOUR Website Have to be Accessible Under the Americans with Disabilities Act?

Is the internet a place of public accommodation: a virtual town hall or a virtual shopping mall or a virtual movie theater? Courts still struggle with that....more

Whistleblowers Gone Global – International Implications of the Dodd-Frank Whistleblower Programmes

Organisations in the U.K. breathed a collective sigh of relief this summer when the commission formed by the Bank of England and the U.K. Financial Conduct Authority (FCA) recommended against the implementation of U.S.-style...more

2014 Year-End Tax Update

I. A LOOK BACK AT 2014 TAX MATTERS: A. Some Random Observations - ..1. This year’s update is brought to you by the letter “I,” as in “inversions.” ..2. Tired of waiting for Congress to address what they...more

UK Financial Institutions: Proposals for New Senior Managers and Certification Regimes

With a mandate from Parliament, the UK regulators are working on a new regime governing individuals in banks. The UK Financial Conduct Authority (FCA) and the Prudential Regulation Authority (PRA) published a joint...more

The Eve of Destruction and Tone at the Top – You Are Who Say You Are

In 1965 the single Eve of Destruction was released. It was written by an 18 year old named Phil Sloan and was sung by former member of the New Christie Minstrels named Barry McGuire. To top it off, it was produced by Lou...more

Blog: Are We Aligning Pay To The Wrong Performance Metrics?

As discussed in this article in Compliance Week, this report, “The Alignment Gap Between Creating Value, Performance Measurement, and Long-Term Incentive Design Sustainable,” by Organizational Capital Partners and the...more

Top 10 Topics for Directors in 2015

In this issue: - Strategic Planning Challenges - Cybersecurity - Assess the Impact of Advances in Technology and Big Data - Shareholder Activism - The Return of M&A - Risk...more

EuGH: Befristete Vertretungen in der Schule nicht unbegrenzt möglich

Es entspricht in Deutschland üblicher Praxis, dass im Schulbereich zur Vertretung kranker Lehrkräfte oder solcher, die sich in Mutterschutz oder Elternzeit befinden, befristete Arbeitsverträge abgeschlossen werden. Diese...more

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