February 2012

Texting Hands.jpgDivorce can be a horrendous process for those directly involved. But it can also be challenging for employers who are inadvertently dragged into divorce proceedings. This is because a company’s interests are increasingly put at risks as digital evidence in the form of text messaging or emails becomes “Exhibit A” in divorce trials. 

In this

Couple Snorkeling.jpgVacations and the weekends – it’s what we often work for. But what happens when a termination ends the work and there is unused vacation time? 

A number of employers have been updating their employee handbooks and policies. In doing so, these employers often raise questions about both vacation pay and severance packages. More specifically

Ghost-Rider-Marvel-1.jpgA lawsuit, Friedrich v Marvel Entertainment (PDF), filed by a former employee claiming ownership rights to intellectual property was recently dismissed in favor of the employer.

This suit also provides valuable lessons for employers about the importance of securing ownership rights in intellectual property created by employees and independent contractors, and making sure that

Red Email ButtonEven now email continues to have an “informal” character, business transactions occurring over email thread may, in certain circumstances, create a binding contract. 

With this in mind, companies can avoid significant expense in relation to unintended contract obligations and litigation by simply addressing how their employees – especially those in sales or purchasing – conduct

Chalk PlaysA meaningful analogy can be made between the this year’s eventual Super Bowl winner and a company successfully responding to an allegation of sexual harassment.

Consider for example that according to research (WSJ subscription required) the most defining and critical plays of a professional football game come down to success on first down. More specifically

Privacy Lock.jpgThe Food and Drug Administration (FDA) was sued by six on-staff doctors and scientists after discovering the FDA accessed their personal email accounts (Gmail). 

The Washington Post reported that government documents showed that the secret surveillance took place over a two-year period after the staffers complained to lawmakers in Congress that the FDA was approving