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

  • 11
  • September
  • 2018

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Juror Bias in the Trump Era?

I have tried many employment discrimination cases since the Civil Rights Act of 1991 allowed for jury trials. Lawyers who represent plaintiffs in employment discrimination cases have told me that they are more likely to strike potentially conservative jurors for the same reasons that defense lawyers will strike liberal ones in a discrimination case.

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  • 06
  • September
  • 2018

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New York Issues Guidance on New Sexual Harassment Law’s Requirements

Earlier this year, I discussed New York State’s new sexual harassment law, which goes into effect on October 9, 2018. In anticipation of the law going into effect, the State posted drafts of a model sexual harassment policy, model complaint form and a model sexual harassment training program on its website last week to assist employers in complying with the new law.

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  • 04
  • September
  • 2018

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New Colorado Statute Provides Data Protection Guidance for Employers in the Centennial State and Beyond

On September 1st, a new data protection law took effect in Colorado. The statute requires Colorado employers to implement procedures to protect and eventually destroy employees’ personally identifiable information, and it expands employers’ notification requirements if employees’ information is compromised as the result of a data breach. While the law provides new duties for Colorado employers, it outlines best practices that should be taken into consideration for employers outside of the state as well.

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  • 30
  • August
  • 2018

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Screening Executive Applicants for “#MeToo” Problems

A few weeks ago in this blog, my colleague Martin Luff discussed how buyers of businesses are increasingly using “Weinstein reps” in corporate transactional agreements in order to ensure that they are not acquiring companies that might be especially vulnerable to harassment litigation which could result in a financial or reputational liability.

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Undisclosed Personal Use of Company Perks by Executives Draws SEC Enforcement Action

In an unusual enforcement action, on July 2, 2018, the Securities and Exchange Commission (“SEC”) announced that Dow Chemical Company (“Dow”) agreed to settle charges relating to “inadequate” perquisite disclosures in their SEC filings from 2011 through 2015. The perquisites identified by the SEC — which included personal use of company aircraft for travel to outside board meetings, sporting events, and personal activities, club memberships, use of personal assistant office time, and membership fees — total approximately $3 million.

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Doing Background Checks Right (Part Three)

When talking about background checks in the first two parts of this series, we focused our attention on “consumer” or “investigative” reports an employer might obtain from a third-party company that specializes in doing background checks. This is because few human resources departments have the time or personnel resources to devote to checking court records in every jurisdiction where an applicant may have lived.

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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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  • 09
  • August
  • 2018

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Why is Litigation so Expensive?

Those of us who spend time in litigation have often heard clients question why litigation has become so expensive. For some clients, it is, in part, because they were not ready for it. It is difficult to prepare for litigation when little has been done to control the explosion of information that occurs in the digitally driven modern workplace in which we live.

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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

Robert Sheppard

Robert Sheppard Associate