Addressing employee misconduct with confidenceBy Craig HunsakerFebruary 2004San DiegoAn at-will employee spends most of her working hours using your company's high-speed Internet access to download music files to her personal MP3 player.
American Jobs Creation Act has broad rangeBy Ann Marie BrehenyDecember 2004In addition to the highly publicized new rules for nonqualified deferred compensation plans, the American Jobs Creation Act includes several other compensation and benefit provisions.
Boardrooms and handcuffs-Not a pretty sightBy Patrick CostelloMay 2004With the recent corporate scandals at Enron, Tyco and WorldCom making front-page news, the sight of handcuffed corporate executives being escorted by armed federal marshals has become an all-too-common sight.
Controlling persons’ qualified privilege to influence corporate actionsBy R. Stephen Scott & Mark D. ThielenNovember 2004In its recently published opinion in IOS Capital, Inc. v. Phoenix Printing, Inc., d/b/a Colortech Printing, et al.,1 ("IOS" hereafter), the Fourth District Appellate Court of Illinois reaffirmed Illinois' common law rule allowing a controlling shareholder/director the qualified privilege to influence corporate actions.
Editors’ noteDecember 2004In an effort to provide timely updates to our Section Council members, we have reprinted hereafter two articles dealing with pension and deferred benefit planning following the American Jobs Creation Act signed into law October 22, 2004
Is your business relationship a franchise? It might beBy Robin M. SpencerMarch 2004Legal terms often have specialized meanings that can surprise even a sophisticated party. The term 'franchise,' or its derivative 'franchisee,' is one of those terms." To-Am v. Mitsubishi Caterpillar Forklift America, 152 F.3d 658, 659-60 (7th Cir. 1998).
Law firm document retention policiesBy Sharon D. Nelson & John W. SimekJune 2004Lawyers and their clients tend to forget that saving unnecessary documents, paper or electronic, can constitute a significant danger.
Letter from the co-editorsJanuary 2004In this issue of The Corporate Lawyer we have three articles we hope you find interesting. The first is an article on the mutual fund scandal and its impact on your retirement plans. T
The mutual fund scandals and your retirement plansBy Ned OthmanJanuary 2004Daily news reports headline that federal and state law enforcement officials, including New York Attorney General Eliot Spitzer, are investigating trading practices at a number of the nation's leading mutual fund companies.
Practical considerations in responsing to subpoenas and search warrantsBy Daniel M. PurdomJuly 2004Veteran white collar criminal defense attorneys can provide a litany of horror stories in which seemingly inconsequential underlying conduct resulted in serious charges of obstruction of justice because of a poorly organized or supervised response to a subpoena or to the execution of a search warrant.
Supreme Court rules ADEA does not prohibit reverse age discriminationBy Kyle BrownAugust 2004The U.S. Supreme Court recently ruled that the Age Discrimination in Employment Act (ADEA) does not prohibit employment or benefit practices that favor older workers over younger workers, even when the younger workers fall within the ADEA's protected class