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For public companies, whenever there is a change in leadership for whatever reason, an issue that must be addressed is whether the company needs to make a public filing disclosing the change. The…
Managing the Modern Workplace
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”…
Managing the Modern Workplace
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…
Managing the Modern Workplace
A top hat plan is a plan that provides benefits to a select group of management or highly compensated employees. Because Congress determined that a plan covering a sophisticated group of employees…
Managing the Modern Workplace
The 2018 proxy season will be the first time many companies are required to comply with the SEC’s pay ratio disclosure rule, which was adopted by the Commission in 2015 pursuant to the Dodd-Frank Act…
Managing the Modern Workplace
I sometimes wonder why anyone would want to be a CEO of a public company in today’s climate. Gone are the days when CEOs were venerated members of the community. Today’s CEO is much more likely to be…
Managing the Modern Workplace
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…
Managing the Modern Workplace
CEOs have long had to look over their shoulders to their company’s shareholders with some fear of a revolt that could lead to the CEO’s removal. While typically seeking board representation…
Managing the Modern Workplace
If you’re an HR manager, director, or vice president, you’ve probably not only got a pretty long holiday wish list , but also a fairly sizable list of New Year’s resolutions. It probably includes…
Managing the Modern Workplace
The Internal Revenue Service recently issued guidance confirming its position that an individual cannot be treated as both an employee and a partner of the same entity (sometimes referred to as the…
Managing the Modern Workplace
While the Defend Trade Secrets Act (“DTSA” or the “Act”), passed by Congress on April 27, 2016, has a significant impact on intellectual property management ( see V&E Intellectual Property group’s…
Managing the Modern Workplace
When times are hard, the compliance role in a company becomes much more important. Hard times can create poor decision making. Some companies rely heavily on compliance committees and trust that…
Managing the Modern Workplace