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

"Document, Document, Document" Is Only Half the Battle

As someone who has tried dozens of employment trials — including a very recent one in which a jury found for my client — I can attest to the importance of having good documentation that corroborates the employer’s conversations with employees, especially when the employee subsequently disputes what was said. In my recent trial, for example, we were able to admit dozens of investigation reports that were made close to the time of the events and contradicted the plaintiff’s version of events. The jury was allowed to bring these documents back to the jury room with them and review them in deliberations — a very powerful tool for a jury that is otherwise relying on its collective memory in discussing evidence. Unfortunately, trial lawyers sometimes forget to tell their clients what they need to do in order to ensure that their valuable documentation will be admissible at trial.

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  • 02
  • November
  • 2017

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Non-Compete Agreements Are Getting Even More Personal

In crafting their non-competes, employers often focus on the “big ticket” questions: How long can a former employee be sidelined? How large of an area can the former employee be prevented from working in? What type of conduct can the former employee be restricted from doing? Given that the answers to these questions have a large practical impact on an employer’s operations, it is perhaps unsurprising that the more abstract concept of personal jurisdiction does not often steal the spotlight. But, in light of a recent decision by the Court of Chancery of Delaware, perhaps it should.

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Time to Review Nonsolicitation Covenants

I’ve found that it’s fairly common for Texas employers to have questions about the enforceability of a non-compete, but not so common for them to ask about the enforceability of their non-solicitation agreements. Yet, I often find myself in a courtroom relying on those non-solicits to try to get a departed employee to stop contacting a client’s customers or employees.

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  • 11
  • July
  • 2017

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Texas Supreme Court Weighs In on Jones Act Coverage

The Texas Supreme Court recently addressed an important question of Jones Act coverage: when is a vessel “out of navigation” and thus outside the Act’s purview?1 With the number of stacked rigs in the Gulf of Mexico, this is an important case for companies with employees on those rigs. In a 5-4 split decision, the Court found that a ship that was taken out of service, subjected to a 20-month conversion process, and unable to engage in transportation was “out of navigation.”

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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

S. Grace Ho

S. Grace Ho Counsel

Jacob D. Ecker

Jacob D. Ecker Associate

Robert Sheppard

Robert Sheppard Associate