Entries tagged: corporate

“Choice-of-law” provisions, identifying which state’s laws a contract will be interpreted under, are almost universally found in contract “boilerplate.” Businesspeople anxious to get deals done typically focus their attention on the up-front-and-center contractual provisions detailing the terms of the deal, not the boilerplate language concerning jurisdiction, venue, choice-of-law, and other unexciting provisions stuck in at […]

A standard provision typically included in non-compete agreements is a “partial enforceability” provision that gives the Court the power to modify or “blue pencil” the terms of the agreement if the Court finds the restrictive covenant to be overly broad. For example, if a Court finds that a non-compete provision restricting an employee from working […]

In a decision that could make New York a more attractive venue for shareholders of Delaware-incorporated companies, a New York trial court recently permitted a class action suit challenging a corporation’s acquisition by its controlling stockholder to proceed. The decision signals to Delaware entities that New York courts may be less likely to defer to controlling […]

Laws constantly evolve to adapt to modern society. Situations that were once impossible to imagine (such as buying hand soap from a distant warehouse at the click of a button and having it appear on your doorstep the next day) are now routine. As such, it is impossible to craft legal rules to anticipate the […]

There has been an aggressive push over the past couple of years by state legislators around the country and the federal government to enact legislation prohibiting or limiting the use of non-compete agreements by employers.  One such bill, entitled the Workplace Mobility Act, was introduced in the U.S. Senate in late April 2018 and seeks […]

Food allergies are a growing public health concern with approximately 15 million Americans battling each day to avoid an allergic reaction. A food allergy is nothing to sneeze at; it is a life-altering medical condition in which exposure to a certain food triggers an adverse immune response. Allergy sufferers worry about more than a mere […]

By Michael Smith, guest blogger President & CEO, Linx Communications Global markets are now the norm for many companies. But how does a company make the decision to expand into a new market? While foreign markets are potentially lucrative, international marketing is significantly more complex than domestic marketing. This includes legal and financial differences—every country has […]

Sexual harassment in the workplace is by no means a new issue, but in the wake of the #MeToo movement, New York lawmakers have taken action to address it. While well-prepared employers have had sexual harassment policies and training in place for some time, under new legislation, passed as part of the 2019 New York […]

In April 2016, the Department of Justice (DOJ) launched an experimental Foreign Corrupt Practices Act (FCPA) enforcement policy known as the “Pilot Program.”  For those unfamiliar, the FCPA is a U.S. law that prohibits business from bribing foreign officials and requires certain accounting transparency among public companies.  The FCPA is enforced both criminally and civilly, […]

Given the recent headlines, all employers should be reminded that they have a legal duty to maintain a workplace that is free from sexual harassment. Sexual harassment suits are prosecuted under the same federal and state laws that are used to sue employers for racial discrimination and harassment, so it is critical that every employer […]