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Employer Liability Issues Corporate Executives

Proskauer - Employee Benefits & Executive...

“Boomerang” Indemnification/Advancement-Gilbert v. Unisys

Under Delaware law, executives (and former executives) may be entitled to indemnification and advancement from their employer for claims arising in connection with their employment. These rights to indemnification/advancement...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

FTC’s Ban on Non-Compete Agreements: Definitions, Prohibitions, Requirements, and Employer Considerations

On May 7, 2024, the Federal Trade Commission (FTC) published a final rule that effectively bans all non-compete agreements between employers and “workers” as “unfair method[s] of competition” and requires employers to refrain...more

Bodman

Who is a “Senior Executive” Under the FTC’s Non-Compete Clause Rule? It’s More Narrow Than You Think.

Bodman on

The FTC’s non-compete ban is the topic of conversation for most in the HR world. As we all have heard, the FTC issued the Non-Compete Clause Rule (the “Rule”) which would ban nearly all non-compete provisions with limited...more

Fenwick & West LLP

FTC Bans Employment Noncompetes

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On April 23, 2024, the Federal Trade Commission (FTC) voted 3-2 to adopt a final rule broadly banning post-employment noncompete agreements. This federal ban prohibits for-profit employers from entering into noncompete...more

Saiber LLC

FTC Issues Final Rule Banning Most Non-Competes In The Employer/Employee Context

Saiber LLC on

Following an Open Commission Meeting on April 23, 2024, the FTC issued a Final Rule rendering most non-compete agreements in the employer/employee context unenforceable. The Final Rule applies nationwide, to all employers...more

Perkins Coie

Washington Evaluates the Standard for Corporate Executive Depositions

Perkins Coie on

The Washington Supreme Court recently considered whether it would adopt the "apex doctrine." This doctrine is a framework used by some courts to evaluate whether a party may take the deposition of a company's executives and...more

Foley & Lardner LLP

Who Can Approve Equity Awards?

Foley & Lardner LLP on

A multitude of questions over who must approve the grant of equity awards frequently arise when designing equity compensation programs. Do shareholders need to approve the grant? Is approval from the Board of Directors...more

Faegre Drinker Biddle & Reath LLP

Third Circuit Rejects Employer’s Attempt to Block Executive’s Move to Rival Despite Non-Compete Agreement

As we have written about previously, an increasing number of states, and Washington, D.C., have limited the circumstances under which employers can bind their employees to non-compete and similar agreements, particularly when...more

Fox Rothschild LLP

When Workplace Romance Is a Fact of Life, How Can Employers Limit Their Liability?

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Even with the rise in remote working during the COVID-19 pandemic, workplace romance remains commonplace. In a 2021 survey, the Society for Human Resource Management (SHRM) found that more than one-third of U.S. workers have...more

Sherman & Howard L.L.C.

Don’t Let “Sending The Right Message” Stand In The Way Of An Effective Investigation

In today’s world, employers may be tempted to react quickly and with force to complaints of discrimination before allowing a complete investigation to run its course. A new decision from the U.S. District Court for the...more

Perkins Coie

Legal Topics Related to Recent Diversity Initiatives

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The recent focus on social justice, coupled with the #MeToo movement created several years ago, has pushed companies to make bold efforts related to diversity and inclusion. Those efforts have taken many forms as companies...more

Williams Mullen

[Webinar] COVID-19 Comeback Convention - December 3rd, 8:30 am - 11:00 am ET

Williams Mullen on

Insights and Ideas to Expedite Your Business Recovery in 2021 - Join us for the COVID-19 Comeback Convention, a virtual convention comprised of brief presentations tailored to meet the needs of senior executives and...more

Skadden, Arps, Slate, Meagher & Flom LLP

French Labor News - April 2020

This is the first issue of our monthly newsletter detailing recent important legislative developments, case law and events regarding labor law in France. This edition focuses on recent decisions rendered by French courts,...more

Dechert LLP

Case law update – France / Second semester of 2019

Dechert LLP on

This newsletter summarises four significant judicial decisions over recent months.   1. The purpose of a probation period is for the employee’s skills to be assessed. Therefore an employee’s absence would extend the...more

Rumberger | Kirk

Workplace Violence: What Hospital Executives and Administrators Need to Know

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In today’s world, hospitals have to be prepared for anything and everything, and not just medical emergencies. They have to be prepared to handle all types of workplace violence, from active shooters to abuse from...more

Seyfarth Shaw LLP

Close Was Not Close Enough: First Circuit Denies Executive’s Implied Covenant Claim For Unpaid Equity Compensation Related To A...

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Seyfarth Synopsis: On November 27, 2019, the United States Court of Appeals for the First Circuit held that, under Massachusetts law, a terminated employee asserting a claim for being deprived of lost compensation in breach...more

BakerHostetler

[Event] Master Class - Labor Relations and Employment: The Only Constant Is Change - February 27th, San Francisco, CA

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Please join us for BakerHostetler's “Labor Relations and Employment: The Only Constant Is Change” Master Class. This daylong seminar is designed to offer all new high-level courses, hitting specific and practical headline...more

Williams Mullen

[Event] How to Protect Your Bottom Line by Implementing an HR Strategy for the 2020 Workforce - December 5th, Virginia Beach, VA

Williams Mullen on

A five-part seminar series that will provide Hampton Roads businesses with ideas on how they can be more profitable and reduce risk in 2020. This presentation will include a discussion on strategic actions and decisions...more

Hutchison PLLC

How Companies Address #MeToo Claims in Executive Employment Agreements Matter

Hutchison PLLC on

In a recent working paper, researchers at UCLA and the University of Amsterdam determined that a single sexual harassment claim can cause more damage to a company’s reputation than financial misconduct or fraud. In this...more

Littler

Littler Global Guide - Singapore - Q3 2018

Littler on

High Court Clarifies Meaning of “Executive” in the Employment Act - Precedential Decision by Judiciary or Regulatory Agency - The High Court of Singapore recently clarified the definition of “executive” as applied under...more

BCLP

Clarifications Regarding Trial Period by the French Supreme Court

BCLP on

With two decisions dated March 31 and April 15, 2016, the Employment Division of the French Supreme Court (“Cour de cassation”) clarified the legal framework applicable to trial periods. The Supreme Court explained how to...more

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