New Considerations for 2010
As with our first issue, we hope you will find valuable information in this Winter 2010 issue of Business Law Perspectives. Included are two articles highlighting issues that employers should be aware of and policies they should consider adopting in order to minimize the risk of legal disputes with their employees and former employees. Also included is a brief overview of changes in federal estate tax law and how this could affect you. Finally, you will see the second installment of The Business of Futbol by Scott Moran. Thank you for reading. We sincerely hope you have a healthy, happy, and prosperous 2010.
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The Estate Tax Quagmire
What a mess Congress has created! We are now in a year where there is no federal estate tax - but hold the cheers. Congress has substituted another method of taxation that will collect more taxes from many families than the estate tax. Additionally, as has been reported in the local and national press, these changes will, for some, greatly alter the planned distributions among family members and heirs.
Protecting Your Customer Relationships in the BlackBerry Age
It is not an unlikely scenario: your top salesperson leaves your company to work for a competitor, taking your customers' names and contact information with her on her personal BlackBerry. What legal rights do you have to keep your ex-employee from using the customer information she obtained while working for you? Can she use that information to solicit your customers on behalf of her new employer?
5 HR Actions Every Emerging Business Should Take in 2010
1. Implement and/or Review Employment Policies.
Every business, no matter what the size, should have its personnel policies clearly set forth in writing, ideally in either an Employee Handbook or Personnel Manual. There are several reasons why it is critical for a company to have an Employee Handbook or Personnel Manual. Foremost, a handbook or manual is the most effective way to communicate to employees the company's rules, procedures, benefits and expectations. Also, established policies are a valuable tool to ensure fair and consistent treatment of employees. This is important because inconsistent application of rules and confusion over unclear policies often leads to lawsuits. Furthermore, in order to keep unemployment insurance rates as low as possible, it is important for employer's to prevail before the Department of Labor ("DOL") on unemployment claims. To win such a claim with the DOL an employer must, as a threshold, be able to prove that the claimant had knowledge of the rules that led to the termination. This burden is difficult to meet without the existence of written rules.
The Business of Futbol
Back in October, I had the pleasure of attending the LEADERS IN FOOTBALL conference in London, England. The event was a gathering of some of the sport's biggest figures, from managers to club presidents to federation secretaries-general. The facilities were as first-class as the guest list--the glittering halls of Stamford Bridge, home to powerhouse Chelsea FC. I also was lucky enough to get a ticket to Chelsea's home match against Liverpool FC, another great club in world futbol.
Chuck Van Horn Obtains Verdict of $483,000
In January, Chuck Van Horn won a jury verdict of $483,000 in Fulton County Superior Court. The jury found that the client had been induced into three separate real estate investments, but he never received the ownership interest or profits he was promised. The jury awarded all of the client's damages, attorneys' fees and punitive damages.