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Hiring & Firing Advice-of-Counsel Defense

Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and... more +
Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings.  less -
Nilan Johnson Lewis PA

In First Impression Decision, Minnesota Federal Court Applies Advice-of-Counsel Defense to Tortious Interference Claim

Nilan Johnson Lewis PA on

In a first-of-its-kind decision, NJL non-compete litigator Katie Connolly convinced a Minnesota federal court to apply a novel advice-of-counsel defense to an employer’s hiring of an individual with a non-compete agreement....more

McGuireWoods LLP

Corporations Can Risk Privilege Protection by Relying Too Heavily on Legal Advice when Firing Employees

McGuireWoods LLP on

Corporations firing employees normally must explain why. All corporate lawyers recognize that affirmatively pleading "advice of counsel" as an employment case defense normally waives privilege protection, but the risks can...more

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