Category Archives: Fiduciary Duty

Picture that text you just wrote on the screen in a courtroom

Executives know better than to put questionable statements in email, right? Well, it is past time to realize the same goes for texts. Just like a Miranda warning: Anything you text can and will be used against you in a court of law. Continue reading

Posted in CEOs, Complaints Against Executives, Confidential Information, Corporate culture, Depositions, Executive Management Style, Fiduciary Duty, Legal, Litigation, Social Media | Tagged , , , , , , , | Comments Off on Picture that text you just wrote on the screen in a courtroom

NFL lessons for the C-Suite on succession planning, Exhibit 1: Tony Romo

Dallas Cowboys owner Jerry Jones has himself in an ideal succession situation. He waited to draft the perfect candidate – Dak Prescott. He and can now let potential future star quarterback Prescott learn while aging star Tony Romo still has the ball. Boards and C-Suite folks should think like Jones: Keep your stars in place, but keep an eye on the future of the company. Continue reading






Posted in Corporate successsion, Executive contracts, Fiduciary Duty, Retention agreements, Severance Packages, Sports contracts | Tagged , , , , , , , | Comments Off on NFL lessons for the C-Suite on succession planning, Exhibit 1: Tony Romo

Considering a New Job? Please Talk to Your Lawyer

Zillow recently reached a whopping $130 million settlement with Realtor.com operator Move Inc. shortly before the two online real estate giants went to trial over alleged misappropriation of trade secrets. While the settlement amount is a far cry from the … Continue reading

Posted in Business Continuity, CEOs, Complaints Against Executives, Confidential Information, Corporate culture, Covenants Not to Compete, Executive Compensation, Executive contracts, Executive Management Style, Fiduciary Duty, Legal, Litigation, Non-Competes, Trade Secrets, Uncategorized | Comments Off on Considering a New Job? Please Talk to Your Lawyer

Preventing Trade Secret Theft (in 20 Years)

Trade secret theft becomes a bigger concern for major companies with every passing day. Particularly when companies are doing business overseas—where intellectual property protections may not be as well-enforced—keeping trade secrets secret has become, to put it lightly, a challenge.

Continue reading






Posted in Corporate culture, Fiduciary Duty, Legal, Litigation, Trade Secrets | Tagged , , , , , | Comments Off on Preventing Trade Secret Theft (in 20 Years)

Office Romances Doubly Dangerous for CEOs

It seems we can’t go for more than a few months without a CEO’s romantic entanglements getting him into trouble. The latest victim, if you can call him that, is former Stryker Corp. CEO Stephen P. MacMillan, who was recently … Continue reading

Posted in CEOs, Complaints Against Executives, Fiduciary Duty, Legal, Workplace Romances | Tagged , , , , , , , | Comments Off on Office Romances Doubly Dangerous for CEOs

What’s the Best Way to Take People With You to a New Company?

I’ve devoted a couple of blogs (here and here) to what things executives should and should not take with them when they change employers. Simply playing that part right can help avoid litigation with former employers. Where it gets really … Continue reading

Posted in CEOs, Executive contracts, Fiduciary Duty, Legal, Litigation, Non-Competes, Trade Secrets | Tagged , , , , , , , , , , | Comments Off on What’s the Best Way to Take People With You to a New Company?

Executives Should Proceed With Caution When Changing Jobs

One of the biggest, and most likely, legal headaches highly placed executives can give themselves involves their actions just before and just after leaving one company and joining another. An executive’s actions during this time are critical to avoid getting … Continue reading

Posted in CEOs, Complaints Against Executives, Executive contracts, Fiduciary Duty, Legal, Litigation, Non-Competes, Trade Secrets | Tagged , , , , , , , , | Comments Off on Executives Should Proceed With Caution When Changing Jobs