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Managing the Modern Workplace
V&E International Labor & Employment Resources

  • 18
  • July
  • 2019

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To "Blue Pencil" a Non-Compete — What Does That Mean?

Some people worry about the drafting of non-competes more than others. One reason for this is probably that the people who are more relaxed about how the provisions are drafted are in jurisdictions that have the safety net of local courts that will reform or “blue pencil” provisions that are found to be overly broad. If that’s the case, you might be tempted to ask for a little more protection than you need. But if you are a business that has employees in multiple jurisdictions (whether different U.S. states or different countries), you need to pay closer attention because the way the courts deal with this issue can be very different and could result in an all-or-nothing decision on restrictive covenants that your business is relying on.

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  • 26
  • February
  • 2019

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How to Do a 30-Minute FLSA Compliance Self-Audit

Avoiding slipping up on the FLSA’s rules and regulations is notoriously difficult, both for small businesses as well as large companies with sophisticated HR and legal teams. If your business hasn’t looked recently at its wage and hour practices, use our quick checklist to performing a high-level, 30-minute desk audit to identify some of the most common blind spots that might need further review. 

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Lock Up Your Servers! Inspired by Europe, U.S. States Enact New Data Protection Statutes

Data protection law is quickly becoming a legal-compliance headache for many companies. As companies and their customers have continued to store more data in the cloud, that data has become a valuable target for hackers. The risks to personal and financial information are not new and businesses have been grappling with these issues for some time, while data protection laws have been slower to catch up. However, the pace of legal developments in this area is now quickening.

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Look Before You Leap — “Weinstein Reps” in Corporate Transactions

As Louis Brandeis observed, sunlight is said to be the best of disinfectants. The exposure and discussion prompted by the #MeToo movement has shone a cleansing light on the issue of sexual harassment in the workplace. One of the more recent developments on this front has been the increasing prevalence of “Weinstein reps” in corporate transactional agreements. But before a buyer asks for one of these representations, or a seller agrees to give one, there are a few points that should be considered.

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Contributors

Thomas H. Wilson

Thomas H. Wilson Partner

Christopher V. Bacon

Christopher V. Bacon Counsel

Sean Becker

Sean Becker Partner

Stephen M. Jacobson

Stephen M. Jacobson Partner

Martin C. Luff

Martin Luff Counsel

Lawrence S. Elbaum Partner