Documentation

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Employee Needs More Than Speculation to Support his Retaliation Claim

To prevail on a claim of retaliation under federal law, an employee must prove that he or she engaged in a “protected activity” under an antidiscrimination statute and subsequently suffered an adverse employment action. In...more

Document Library to Protect and Capitalize on Intellectual Property

All companies need to take steps to document their rights in and the value of their intellectual property. When your core business is based on key intellectual property, be it a distinctive brand (trademark), innovative...more

Non-Traditional License Documentation – Save Everything!

Scott & Scott, LLP attorney, Christopher Barnett, suggests companies implement strong internal controls to recognize, secure and maintain any and all documentation demonstrating ownership of license for software products,...more

Employment Tip #1

Document, Document, Document!!! Documenting what was said, even with witnesses present, contemporaneously with the event, is the most reliable method to preserve evidence and a good business practice. ...more

"Notice 2013-79: IRS Proposes Revisions to Advance Pricing Agreement Requests"

On November 22, 2013, the IRS issued Notice 2013-79, which contains draft Revenue Procedures applicable to Advance Pricing Agreements (APAs). The IRS requested comments by March 10, 2014. The Revenue Procedure and the...more

Best To Save Plan Documents Until All Retirees And Beneficiaries Are Dead

As a result of industry consolidation over the years, employers can find themselves responsible for pension plans of companies long out of existence. A recent federal district court decision imposed a penalty of $4,470 on a...more

What's the One Thing Missing From Your Corporate Compliance Program?

What's the one thing missing from most corporate compliance programs? For a legal perspective, that's the question we put to corporate attorneys writing on JD Supra, asking each to commit to just one essential element...more

Is an Amended H-1B Visa Petition Needed If Job Location Changes?

The H-1B visa is available for temporary workers who are employed by U.S. companies in specialty occupations that require theoretical or technical expertise in specialized fields, such as scientists, engineers, or computer...more

SEC Chairman Addresses Information Overload in Disclosure Documents

SEC Chairman Mary Jo White spoke at length on "information overload" in her October 15, 2013, speech at the National Association of Corporate Directors Leadership Conference. After discussing the benefits and general types of...more

October 2013 Bonus Case Summaries: Nebraska: Court Refuses to Compel Production of ESI Without Specifications

American Home Assurance Co. v. Greater Omaha Packing Co., Inc., 2013 WL 4875997 (D. Neb. Sept. 11, 2013). In this case, the plaintiffs made a motion to compel discovery of emails and other electronically stored information...more

CFTC Extends Certain SEF Reporting, Confirmation, and Documentation Compliance Dates

commoThe Division of Market Oversight (“Division”) of the U.S. Commodity Futures Trading Commission (“CFTC”) on September 27 and 30, 2013 issued several no-action letters to temporarily registered swap execution facilities...more

Employment Law Commentary -- Volume 25, Issue 8 -- August 2013: Are You Being Served?

Are you being served? (A check list of steps for defendants in employment cases to take at the beginning of a lawsuit.) The purpose of this article is to provide a checklist of steps to take at the beginning of a state...more

CFTC Amends Certain Record Retention and Document Distribution Requirements for All CPOs and CTAs

On August 13, 2013, the Commodity Futures Trading Commission (CFTC) adopted amendments to certain provisions of Part 4 of the CFTC regulations that are applicable to all commodity pool operators (CPOs) and commodity trading...more

UPDATE: Proposed Class Action Based On Offering Document Misrepresentations Certified For Purposes Of Settlement

On May 21, 2013, Perell J. certified a proposed class action against certain defendants in Zaniewicz v. Zungui Haixi Corp. based on misrepresentations in Zungui’s IPO offering documents and other disclosure documents,...more

IRS Disregards Loans To Closely-Held Coporation

It is fairly commonplace for owners of closely held corporations to loan funds to their corporation without full loan documentation....more

Yes, It Is Time to Review Your Estate Plan

You were smart enough to create an estate plan almost five years ago while you were living and working in San Mateo, California. However, with everything else going on in your life, updating the plan is not among your highest...more

Australia: It's never too late - getting sued more than 20 years later

The recent judgment of the Supreme Court of New South Wales in Dymocks v Capral [2013] NSWSC 343 held an architect and supplier liable for events that happened in 1989. This case is an important reminder that contracts...more

TIFIA Program Office Releases Updated Program Guidance and Templates

In other TIFIA news . . . Yesterday, the TIFIA Program Office released updated TIFIA program guidance and loan document templates that purport to reflect the July 6, 2012 enactment of MAP-21....more

Senate hearing on debt industry focuses on documentation and medical debts

Collection documentation and medical debts proved to be the focus of much of yesterday’s Senate Banking Committee hearing on the debt industry. The witnesses were Corey Stone, CFPB Assistant Director, Office of Deposits,...more

Software Licensing in M&A Transactions

Sometimes an acquired asset may just be a liability in disguise. Scott & Scott, LLP attorney, Brian Von Hatten, looks at a case that underscores the costs of failing to scrutinize agreements with respect to intellectual...more

Disabled Employee Unable to Perform Essential Functions of Job Despite Accommodation

In an unpublished opinion, the Sixth Circuit Court of Appeals recently held that an employee who was unable to complete the functions of her job while on part-time duty could not subsequently claim that ongoing part-time work...more

A Bad Smoke Break

A recent Missouri case demonstrates the importance of documentation when defending against unwarranted unemployment claims. The case also underlines the need for the reforms passed by the Missouri General Assembly and pending...more

The High Price of Imprecision: An Examination of the Enforcement of Letters of Intent Under California Law

Letters of intent and other similar pre-contractual documents, such as term sheets or memorandums of understanding, are used extensively in California real estate transactions as a means for negotiating parties to demonstrate...more

Tips If You Are Injured On The Job

If you are physically hurt at work, if you should fall and hurt yourself or have a piece of equipment malfunction and are you injured here are some tips for you....more

The General Corporation Law Is “English Only”

In China’s Hunan province, a written syllabic script was created, used and understood only by women. This script is called NüShu (??), meaning women’s book. As far as I know, NüShu is the only exclusively gender based...more

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