Four Key (Yet Often Overlooked) Considerations When Getting Ready to Sell a Business (Part 1 – Contracts)

This post is the first in a series that highlights various important yet often overlooked topics when management decides to sell the business. These considerations help the business evaluate and address key areas early in the process. This in turn helps lead to more effective and efficient decisions on structuring, negotiating and ultimately documenting and […]

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Beau Howard Speaking

Hiring and Onboarding Legal Compliance Methods

On May 15, 2018, our partner Beau Howard spoke at National Business Institute‘s seminar about hiring and onboarding legal compliance, including immigration issues, Form I-9 compliance, how to use e-verify, proper use of background checks, and how to structure applications and interviews to avoid liability. You can review the slide deck from the presentation below. Mr. […]

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Arbitration Agreement Without Sexual Harassment Carveout

Sexual Harassment Legislation Would Require Amendment of Arbitration Agreements

A proposed law may invalidate your company’s arbitration agreement unless you amend it to carve out sexual harassment and gender discrimination claims. If you run a business, pay attention to the Ending Forced Arbitration of Sexual Harassment Act of 2017. Failure to comply would bar arbitration of all disputes, not just sexual harassment and gender […]

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James Damore's Jerry Maguire Moment

Should Google Have Fired James Damore for His Echo Chamber Memo?

IfyousomehowmissedthebrouhahacausedbyGoogleEngineerJamesDamore’sEchoChamberMemo, you are living under a rock. Google’s CEO cut his vacation short to address the maelstrom, and Even Anita Hill has come out of the woodwork to encourage women to sue their tech employers. Google’s decision to fire Damore over the Echo Chamber Memo (linked in its entirety here) raises plenty of questions, but […]

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NLRB Seal

And just like that, your class action waivers are safe again. Almost. 

President Trump has appointed a Republican labor lawyer as the fifth member of the National Labor Relations Board. This creates a Republican majority on the Board, which allows the reversal of labor policies headed down by President Obama. The new Board is expected to withdraw its opposition to the use of arbitration agreements containing class and collective action waivers.

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DOJ Reverses Policy to Support Class Action Waivers in Arbitration Agreements, But It’s Still Complicated

State of Confusion The enforceability of class action waivers in employment arbitration agreements is a hotly debated topic that has created not only a circuit split, but an ongoing divide in policy between circuit courts and federal agencies.  The National Labor Relations Board has long held that such class action waivers are unenforceable, arguing such […]

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