Category Archives: Legal

Treatment of Trump-Ukraine Informer Could Have Chilling Effect on Corporate Whistleblowers 

Whistleblowers have a variety of understandable reasons for bravely coming forward – but winning a popularity contest is rarely one of them. After all, they are typically corporate or government insiders alleging fraud and wrongdoing, which tends to render them vulnerable … Continue reading

Posted in Dodd-Frank, Fiduciary Duty, Legal, Litigation, Sarbanes-Oxley, Whistleblowers | Tagged , , , , , , | Leave a comment

NFL’s Goodell Faces Leadership Challenge in Latest Patriots Discipline Probe

The sports metaphors are overflowing when it comes to the challenge that NFL Commissioner Roger Goodell faces with the prospect of investigating and meting out appropriate punishment for New England Patriots owner Robert Kraft. Let’s just say this: Welcome to … Continue reading

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For Politicians and Business Leaders, Dusty Yearbooks Hide Ticking Time Bomb

A cascade of yearbook scandals and confessions of disreputable behavior is sending quakes through Virginia political circles and beyond after decades-old yearbooks surfaced with references to racial slurs, images of students in blackface and other behavior unbecoming of those in … Continue reading

Posted in CEOs, Complaints Against Executives, Corporate culture, Criminal Background Checks, Executive contracts, Executive Management Style, Legal, Social Media | Tagged , , , , , , , | Comments Off on For Politicians and Business Leaders, Dusty Yearbooks Hide Ticking Time Bomb

Fifth Circuit Reminder: Words Matter in Employment Contacts, Restrictive Covenants

Sometimes the most fundamental legal concepts are so basic and intuitive that they tend to fall by the wayside in practice. Case in point is a recent Fifth Circuit opinion throwing out an arbitration agreement because the employer didn’t follow … Continue reading

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Trump-Daniels Affair Exposes Inherent Legal Challenges with Hush Agreements

There are plenty of clues that the so-called “hush agreement” between Donald Trump and porn actress Stormy Daniels (née Stephanie Clifford) was hastily crafted and poorly thought out. Executed just days before the 2016, the non-disparagement agreement has a wealth … Continue reading

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Study Finds Public Losing Patience When CEOs Act Out

Add Hollywood mogul Harvey Weinstein, Amazon’s entertainment chief Roy Price and KB Home’s Jeffrey Mezger to the growing list of executives making headlines for the wrong reasons. One of the most powerful producers in Hollywood, Weinstein was forced out after … Continue reading

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Uber Leadership Vacuum Exposes Strings Attached to Startup Financing

The executive leadership vacuum at Uber and a series of PR missteps and management blunders is exposing the contentious push-pull dynamic between private equity and venture capital investors and startups that usually plays out behind the scenes and rarely makes … Continue reading

Posted in Business Continuity, CEOs, Change of Control Agreements, Complaints Against Executives, Corporate successsion, Executive Management Style, Legal | Tagged , , , , , , , , , , , , , | Comments Off on Uber Leadership Vacuum Exposes Strings Attached to Startup Financing

Regional Economies Find Hidden Price of Noncompete Agreements

A recent New York Times article by Conor Dougherty puts a human face on the damaging consequences that result when workers in broad swaths of the economy are required to sign noncompete agreements as a condition of employment. While the … Continue reading

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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

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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