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Hiring & Firing › Due Diligence

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 -
LawVision

The Lateral Gold Rush: 5 Critical Questions Law Firm Leaders Must Ask

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The lateral hiring market is always in motion—and law firm leaders are frequently under pressure to act. But before you make your next big lateral hire, pause. You have a lot more to lose than you think. The firms that are...more

Decipher Investigative Intelligence

Hiring Associates in 2025? Your New Year’s Resolutions

Decipher Investigative Intelligence on

If you plan to bolster your lawyer ranks with lateral associates in 2025, there are two critical steps for ensuring success. Law firms must understand the risks inherent in lateral associate hiring, then create a due...more

Decipher Investigative Intelligence

Laterals and Malpractice: Clear and Present Danger

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If the statistics about high failure rates of lateral partners don’t persuade you, consider another barometer: the stress levels of professional liability insurers. Indeed, lateral hiring tops the list of issues that...more

Decipher Investigative Intelligence

Nine Actions Smart Law Firms Take in Q4

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The fourth quarter presents law firm leaders with a critical period for addressing strategic planning, financial management, and compensation adjustments. However, firms that extend their focus beyond immediate financial...more

Husch Blackwell LLP

NYDFS Warns Against the Threat of Accidentally Hiring North Korean Remote IT Workers

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Keypoint: The New York State Department of Financial Services (NYDFS) issued an industry letter outlining the threats posed to U.S. companies who hire remote technology workers linked to North Korea and may embezzle funds...more

Decipher Investigative Intelligence

Beyond Red Flags: Deploying Positive Intel from Due Diligence

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We admit it: Sometimes it’s tempting to lead with the negative information from pre-hire investigations. Bullying behavior, inflammatory social media posts, fabricated client relationships – these (very real) examples raise...more

Decipher Investigative Intelligence

Beware the Off-Cycle Lateral

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Timing is everything, as the saying goes — and it certainly holds true when it comes to assessing the risk of lateral partner candidates. Indeed, Decipher Investigative Intelligence analysis reveals a significant trend:...more

Guidepost Solutions LLC

Will your Due Diligence Program Meet the New DFS Requirement?

Guidepost Solutions LLC on

The final guidance, issued by DFS on January 22, 2024, requires “regular and rigorous” vetting of key personnel at banking organizations and non-depository institutions. It is clear, that DFS is focused on enhanced scrutiny...more

Schwabe, Williamson & Wyatt PC

Thinking About Selling Your Ag Business? Time to Get Your I-9s in Order

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The past two years have seen significant growth in the number of mergers and acquisitions nationwide with many agriculture and farming business owners choosing to liquefy their assets and move on. At the same time, employers...more

Spilman Thomas & Battle, PLLC

Doing a Deal? Include your Labor and Employment Lawyer

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While engaging a talented corporate transactional lawyer is critically important to the success of a merger, sale or acquisition, a lesser-known -- but integral -- part of the transaction team should be a skilled labor and...more

Thomas Fox - Compliance Evangelist

Compliance Hiring Lessons from a Coach Hiring Disaster: Les Miles at KU – The Due Diligence

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What is due diligence? Why is it important in every business relationship? Unfortunately, for Kansas University (KU), it learned a major lesson in the importance of appropriate due diligence in one of the biggest hiring...more

Society of Corporate Compliance and Ethics...

[Virtual Event] 9th Annual European Compliance & Ethics Institute - March 15th - 17th, 9:55 am - 6:00 pm CET

Society of Corporate Compliance and Ethics... on

Though we are disappointed we will not be together in-person, we remain dedicated to providing a first-class learning experience while keeping the health and well being of everyone a top priority.  The ECEI will have the...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Don’t make bad hires

Ary Rosenbaum - The Rosenbaum Law Firm P.C. on

It was clear by the time that Carlos Beltran was interviewing for the Mets manager job that he was somehow involved with the Houston Astros being accused of stealing signs. I don’t know what Carlos Beltran told General...more

Stinson - Corporate & Securities Law Blog

Delaware Supreme Court Examines Director Liability for Acquisitions

Stinson - Corporate & Securities Law Blog on

In McElrath v. Kalanick et al, the Delaware Supreme Court examined the liability of directors of Uber for an acquisition.  The case arose out of Uber’s acquisition of Ottomotto LLC.  Otto was founded by Anthony Levandowski, a...more

Epstein Becker & Green

EPIC Files Complaint with FTC Regarding AI-Based Facial Scanning Software

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As we have previously blogged, use of third-party digital hiring platforms to select job applicants using video interviews can present an array of potential legal issues. A recent Complaint filed with the Federal Trade...more

Vedder Price

OCIE Issues Risk Alert Relating to Investment Adviser Oversight of Supervised Persons with Disciplinary Histories

Vedder Price on

On July 23, 2019, the SEC’s Office of Compliance Inspections and Examinations (OCIE) issued a risk alert outlining its observations and recommendations following an examination initiative that focused on oversight practices...more

NAVEX

The 2028 Workplace Demographics Shift Compliance Needs to Think About Today

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Students of organizational behavior — and all corporate compliance officers should be in that camp — love to talk about the different generations in the workforce today, and how the mix of those generations will change in the...more

The Volkov Law Group

Tying Mitigation to Third Party Risks

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Companies are hyper-focused on identifying risks during the onboarding process, the use of automated platforms to organize and conduct such screening, and continuous monitoring through an automated platform. ...more

Proskauer - Law and the Workplace

DOJ Announces First Settlement Under Trump Administration Regarding “No-Poach” Agreement

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On April 3, 2018, the Antitrust Division of the U.S Department of Justice (“DOJ”) announced that it had reached a settlement in a matter involving a “no-poaching” agreement between employers—the first such enforcement action...more

Foley & Lardner LLP

Buyer Beware: I-9 Compliance in Mergers and Acquisitions

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With a new tax law and a booming American economy, mergers and acquisitions will occur at a busy pace in 2018. In a prior post, we explained some of the employment authorization issues that may arise in such corporate...more

Pillsbury Winthrop Shaw Pittman LLP

Acquirers Beware: Salary History Bans Impact Employment Diligence and Arrangements

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New state and local laws might change employment salary due diligence and post-closing arrangements in M&A deals New state and local laws might change employment salary due diligence and post-closing arrangements in M&A...more

FordHarrison

Non-Compete News – Third Circuit Says Tortious Interference with a Non-Compete Requires Actual Knowledge of the Agreement at Issue

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An employer hiring an individual known to be subject to a non-compete contract can expect to be accused of tortiously interfering with that contract. On the other hand, the hiring employer should be innocent of wrongdoing if...more

Zelle LLP

Termination Due Diligence

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The decision to terminate an employee is often difficult. Whether driven by economic necessity or based only on performance, it usually involves (and often requires) an analysis of the employee’s job history. When performance...more

Hinshaw & Culbertson LLP

The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management - November 2016

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Aiding and Abetting the Unauthorized Practice of Law — Conducting a Due Diligence Background Check for Incoming Lawyers and Lateral Hires - The Case: Kimberly Kitchen began working at BMZ Law PC part-time in 2005. She...more

The Volkov Law Group

Lessons Learned From FCPA Enforcement Against JP Morgan for Sons and Daughters Referral Program

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Last week, the Justice Department and the SEC finally brought to a close the Sons and Daughters or Princelings investigation. Pending investigations against four other companies still remain to be resolved....more

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