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Conflicts of Interest Employer Liability Issues

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Affiliated plan providers of big plans get slaughtered

Following a jury’s decision to award over $38 million to a class of more than 26,000 participants in Pentegra’s multiple employer plan, the issue of working with providers affiliated with the plan sponsor highlights the...more

PilieroMazza PLLC

You’re Hired! Restrictions on Hiring Former Government Employees for Government Contractors

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Government contracting is an inherently competitive enterprise. As a result, contractors often seek to hire former government employees with contract experience. However, the Procurement Integrity Act (PIA) and the U.S....more

Offit Kurman

Office Romance: Navigating Workplace Relationships and Managing Legal Risks

Offit Kurman on

Dear Sarah, Two of my employees have started dating, and I’m worried it might affect their work or lead to complaints from others. Should we have a formal policy on workplace relationships? Are we even allowed to have such a...more

Seward & Kissel LLP

Employment Litigation Roundup: August 2024

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In a win for employers, the Connecticut Supreme Court defines “supervisor” narrowly for purposes of vicarious employer liability under Connecticut Fair Employment Practices Act - Under Connecticut’s civil rights law, an...more

Bennett Jones LLP

Alberta Court of Queen's Bench Finds Conflict of Interest for Class Counsel Also Representing Individual

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In Smith v Lafarge Canada Inc, 2022 ABQB 289 [Smith], the Court of Queen's Bench considered a preliminary application arising out of a proposed class action which involved claims advanced on behalf of the proposed class as...more

Proskauer - Law and the Workplace

Amendments to D.C.’s New Law Banning Non-Competes Proposed

Quick Hit. On May 21, 2021, Councilmember Elissa Silverman proposed the Non-Compete Conflict of Interest Clarification Amendment Act of 2021 (the “Bill”), which would amend D.C.’s Ban on Non-Compete Agreements Amendment Act...more

Farrell Fritz, P.C.

Top Ten Business Divorce Cases of 2019

Farrell Fritz, P.C. on

This year’s list offers a good mix of business entities: six involve disputes among LLC members, two involve law firms organized as limited liability partnerships, one involves an accounting firm organized as a professional...more

FordHarrison

A Family Affair

FordHarrison on

While Righteous Gemstones pokes fun at the megachurch phenomenon, Eli and family also live out the troubles common to any family enterprise. For all the complaints of “nepotism” in workplaces and the legitimate concerns about...more

Miles & Stockbridge P.C.

Avoid Buyer’s Remorse Over EPLI Coverage

Many employers purchase Employment Practices Liability Insurance (EPLI) to insure against loss as a result of employment claims. However, employers who do not carefully read their policies could be surprised by what is (or is...more

Seyfarth Shaw LLP

Maryland Low-Wage Workers Are Exempt from Non-Compete Clauses

Seyfarth Shaw LLP on

Joining the wave of jurisdictions limiting the competitive restraints employers may place on low-wage employees is Maryland. Maryland’s Noncompete and Conflict of Interest Clauses Act (the “Act”)?which passed without...more

Seyfarth Shaw LLP

Employment Tips For The Pharmaceutical, Biotech, And Life Science Industries - Part 2

Seyfarth Shaw LLP on

Tip #2: Thorny Issues with Commissions Part 1: What Happens When a Salesperson Is Selling a Drug To Herself or Her Family Member? A key component of compensation for pharmaceutical salespeople is the sales commission, and...more

Lathrop GPM

Workplace Relationships

Lathrop GPM on

In the wake of the #MeToo movement, employers are wrestling with how to deal with workplace relationships in an effort to limit potential liability. Some employers are opting to have employees sign consensual relationship...more

Vedder Price

NLRB Handbook Rules Change Like the Wind Post-Boeing

Vedder Price on

On June 6, 2018, the Office of the General Counsel of the National Labor Relations Board (“the NLRB” or “the Board”) published its most recent memo concerning employer handbook policies. The memo’s guidance reflects a stark...more

Sheppard Mullin Richter & Hampton LLP

NLRB Asks D.C. Circuit to Revive Review of Joint Employer Standard Under BFI; Hy-Brand Decision Vacated Following NLRB Ethics...

On March 1, 2018, the Deputy Associate General Counsel for the National Labor Relations Board (“NLRB”) asked the D.C. Circuit to revive its review of the Obama-era Browning-Ferris Industries, 362 NLRB No. 186 (2015) (“BFI”)...more

Foley & Lardner LLP

Liability for Employee Misclassification is on the NLRB’s Chopping Block

Foley & Lardner LLP on

The National Labor Relations Board (NLRB) has recently taken one step forward, two steps back in terms of providing certainty to employers that use independent contractors. On February 16, the NLRB invited briefing on the...more

Proskauer - Labor Relations Update

ABOUT FACE! Under Pressure, NLRB Vacates Joint Employer Standard and Returns to Browning-Ferris

In an unexpected and critical turn of events, after extensive political pressure, the NLRB, sitting as a three-member panel comprised of Chairman Kaplan and Members Pearce and McFerran, vacated last year’s decision in...more

McAfee & Taft

Court rules employee’s termination not in retaliation for repeated complaints

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In a recent case in federal court in Tulsa, Oklahoma, Carissa Nealis, a white woman and account executive for CoxCom, LLC, made a retaliation claim based on her reports of a coworker being treated unfairly....more

Hinshaw & Culbertson LLP

The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management - September 2017

Conflict of Interest – Current Clients – Duty of Care with Respect to Unrelated Matters - Oakland Police & Fire Retirement System, et al. v. Mayer Brown, LLP, 861 F.3d 644 (7th Cir. 2017) - Risk Management Issue: Does a...more

Dorsey & Whitney LLP

Quirky Question #285: Potholes on the Ethical “High Road”

Dorsey & Whitney LLP on

Question: We learned that some of our employees may have been engaging in unethical, and perhaps even illegal, behavior. We don’t tolerate this, so we hired a law firm to conduct an investigation, and based on the results...more

Foley & Lardner LLP

An Unfair Employer Policy Roundup to Help Avoid Unfair Labor Practices

Foley & Lardner LLP on

For the past few years, the National Labor Relations Board (NLRB) has been on the warpath over employer personnel policies (and in turn, we at Labor & Employment Law Perspectives have missed few opportunities to point out the...more

Benesch

Perspectives - February 2015

Benesch on

In this issue: - Not-for-Profit Spotlight - Liability Exposure for Volunteers - Rules for Reimbursing Employers Up for Review—It’s a Good Time to Brush Up on the Benefits and Requirements of Your...more

Mintz - Employment, Labor & Benefits...

Conflicts & Nepotism – A Dangerous Employment Cocktail

Last week, Alabama Governor Robert Bentley removed Alabama State University Trustee Marvin Wiggins for violating the University’s conflict of interest rules. The removal proved once again that if you are responsible for the...more

BakerHostetler

Government Contracts Quarterly Update - July 2014

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The Government Contracts Quarterly Update is published by BakerHostetler’s Government Contracts Practice team to inform our clients and friends of the latest developments in federal government contracting. Topics will...more

Brooks Pierce

Texas Court of Appeals Has Put Some FCPA Internal Investigations in an Awkward Spot

Brooks Pierce on

Given that this case was decided last summer, I can’t quite put the headline in the present tense. I’m slow to the draw on it, but I think it’s important. Last July, in Writt v. Shell Oil Co., 409 S.W.3d 59 (Tex. Ct. App....more

Morrison & Foerster LLP

A Must Read: FINRA’s 2014 Exam Priorities

FINRA did not wait for any dust (or snow) to settle on the New Year before alerting the brokerage industry and the public about its regulatory and examination priorities for 2014. This year’s letter, issued earlier than ever...more

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