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Jury Trial Waivers: “Waive” Goodbye to Costly, Unpredictable Employment...
We imagine that among those former employees who sue their employers, there are many who dream of hearing the words “Ladies and gentlemen of the jury . . .“ wishing for a pot of gold to follow....
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Forms Over Substance – Fair Credit Reporting Act Authorization Form Litigation
Employers rely on background screening as part of the hiring process. Recently, numerous large, well-known employers have been accused of failing to comply with the Fair Credit Reporting Act (“FCRA”)....
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Who Doesn’t Like Non-Competes?
Clients sometimes ask, “Which employees should sign non-competition agreements?” The answer from a growing number of employers seems to be “Everyone” and from employees it seems to be “No One”....
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Sacked by a Cell Phone: Tom Brady and the Peril of Destroying Evidence
Why is the Tom Brady saga referred to as “Deflategate”? As many know, the penchant for adding the suffix “gate” to any scandal stems from the infamous 1972 break-in at the Democratic National...
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Beer & French Fries – The Perfect Game Day Snack or Important HR Reminders?
It may be 2015 but sexual harassment and religious discrimination are alive and well. Just ask the potato packers at Smokin’ Spuds, Inc. and the beer truckers at Star Transport. The EEOC just announced...
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Chopping Down Workplace Cherry Trees
We all recall the myth of George Washington and the Cherry Tree. Washington told his father that he could not tell a lie and that he had in fact tried to chop down his father’s cherry tree. His father...
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Halloween Costumes at Work Could Be “Tricky”
At the risk of reinforcing the notion of lawyers and human resources professionals as being the “no fun” bunch, we offer some practical tips to avoiding the unsuspecting tricks employers may experience...
View ArticleTheft of Confidential Information: Pfizer’s Wiser, Are You?
Did she really think she’d get away with misappropriating 600 files from her former employer by surreptitiously downloading them onto a USB drive? That’s what a former global marketing executive for...
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Emails – an Essential Tool That Can Make You Look Like a Fool
Politics aside, the emails which the President’s son recently published serve as a reminder that email is a very powerful tool – one that can be both beneficial and detrimental. The President’s son...
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Headline News! HR Tips to Curb Harassment and Discrimination
While several well-known corporate executives, movie stars, government officials and other high profile people have been facing sexual harassment claims in recent weeks (and the list seems to increase...
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GDPR实施一周年及国家监管机构职责回顾
2019年5月25日，GDPR实施已满周年，一年实施期间让众多跨境企业尤其是在欧洲市场开展业务的跨境企业如履薄冰，社会各界对于GDPR是非功过莫衷一是。周年之际，欧洲数据保护委员会发布官方周年报告First Overview On the Implementation of the GDPR and the Roles and Means of the National Supervisory...
View Article工程内部承包与挂靠的识别问题
近日某客户要求审查公司内部承包经营合同，经通读全文并与客户确认后发现，客户拟通过签署公司内部承包合同的形式，实现工程资质挂靠之实。因此，本着格物致知的精神，尽可能全面地梳理了内部承包与挂靠相关的法律规范（包括法律、法规、司法解释、地方司法性文件），以探究内部承包与挂靠的“罗生门”。 一、内部承包与挂靠的相关法律规范 《关于改革国营施工企业经营机制的若干规定》...
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1587年与1768年——A YEAR OF NO SIGNIFICANE?
万历十五年，亦即公元1587年，在西欧历史上为西班牙舰队全部出动征英的前一年，而在中国，这平平淡淡的一年中，发生了若干为历史学家所易于忽视的事件。这些事件，表面看来似末端小节，但实质上却是以前发生大事的症结，也是将在以后掀起波澜的机缘。在历史学家黄仁宇的眼中，其间的关系因果，恰为历史的重点，而我们的大历史之旅，也自此开始...... 叫魂——1768年中国妖术大恐慌 万历十五年——无关紧要的一年
View ArticleTruth
謊言的代價是什么What is the cost of lies? 并不是它會被錯當成真相It’s not that we’ll mistake them for the truth. 真正的危險是：如果我們聽了太多謊言The real danger is that if we hear enough lies, 會再無法分辨出真相then we no longer recognize the...
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NYC Employee Leave Rights under the Coronavirus / COVID-19 Pandemic
Workers in New York are protected under existing and new federal laws, as well as state laws. In addition to federal and state laws, employees who work in New York City are also entitled to...
View ArticleDHS Announces Temporary Flexibility in I-9 and E-Verify Requirements During...
In response to the new challenges presented by the coronavirus pandemic, the Department of Homeland Security (DHS) has announced temporary flexibility in the requirements for completing Form I-9,...
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Changing Paths: Becoming an Attorney as a Second Career
This week we welcome back guest writer Mark Livingston to talk about his path to becoming an attorney after another career. During the 20th Century, it was common for people to have one job for a...
View ArticlePrivacy v. Speech? Supreme Court to Weigh in on TCPA Restrictions on...
The Supreme Court on May 6, 2020 heard oral argument on a widely-watched First Amendment case that may have broad ramifications for the Telephone Consumer Protection Act and, potentially, government...
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Artificial Intelligence, COVID-19 and the Tension between Privacy and Security
As the world continues to deal with the unprecedented challenges caused by the COVID-19 pandemic, Artificial Intelligence (AI) systems have emerged as a potentially formidable tool in detecting and...
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