Scalpel.jpgAfter an individual’s employment is terminated and that individual begins working for a competitor or starts his or her own business, a common question asked by both the individual and the former employer is whether a noncompete agreement can be used to restrict one’s post employment opportunities.    

The short answer is … well

Business Professionals.jpgOn September 11, 2012, Michigan took one step closer to implementing a court system specializing in handling business and commercial cases.

Specifically, the Michigan Senate Judiciary Committee unanimously approved legislation that would create a business court system that would exclusively determine disputes if all or part of the claim included a business or commercial dispute where the amount

QWERTY Keyboard.jpgA recent court appearance provides an example of what any company concerned about reducing unnecessary costs should be aware of when it comes to managing outside legal counsel.  

Specifically, I was in court last month in relation to a hearing on a motion in a sexual harassment / wrongful termination claim I’m defending. A fairly

Women are Teachable.jpg

Labor Day is generally considered a time to recognize the social and economic achievements of U.S. workers. And a significant amount of this achievement is due to opportunities presented by removing overt discriminatory barriers to employment.  

But it is also important to realize that many employment-related statutes were passed – in part – to combat

Balancing Stones.jpgA previous post on this blog discussed ways for employers to increase the effectiveness of a company’s social media policy (See The Sweet-spot for Increasing the Effectiveness of a Social Media Policy: Employee Self-Interest).

One of the real-world examples discussed in that post was a lawsuit against a former Michigan Assistant Attorney General Andrew

Baseball Bat.jpgA recent employment lawsuit, Ondricko v MGM Grand Detroit, LLC (PDF), for gender and race discrimination, illustrates how an employer can strike out in employment litigation by it’s own inconsistencies in disciplining employees and poor documentation for such discipline.  

Factual Background

Kimberly Ondricko is a white female. At the time she was terminated, she

Security_Computer_Laptop in Chain.jpegA well written article by Connie Bertram, asks the question “Is Self-Help Discovery by Employees Protected Activity?”

The title of the article refers to situations where an employee attempts to gather factual support or to otherwise pursue an employment discrimination claim or a related employment-based lawsuit against the employer by accessing employer files

Building BlockThe cornerstone of merger and acquisitions – the buying and selling of all or part of a business – is the non-disclosure agreement. And similar to the critical role a cornerstone has in building a foundation, the nondisclosure agreement also serves as the reference point for completing a business transaction. 

However, a recent lawsuit filed