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Merger and acquisition (M&A) transactions are complex endeavors involving various legal, financial, and operational considerations. Among these considerations, labor and employment law and regulations play a crucial role in ensuring a smooth transition for both employers and employees. Whether it’s an asset purchase, a stock purchase, a merger, or another form of M&A deal, understanding […]
Even if you’re not a sports fan, you’ve likely heard of this severance payout received by former A&M football coach, Jimbo Fisher. While you will never deal with this type of buy-out, the saga teaches us a great deal about hiring decisions, employment contracts, and, well, human nature. Jimbo’s the One! The following facts are […]
Many companies accumulate trade secrets, such as pricing schemes, business plans, and production shortcuts, but they don’t want competitors to tap into this private reserve of knowledge. The easiest way for a competitor to obtain these secrets is by hiring one of your key employees. A recent case from the U.S. 5th Circuit Court of […]
An employment relationship may be ended in a variety of ways with different legal consequences, so it’s important to accurately determine the method by which it’s terminated. An involuntary termination (i.e., the employee is fired) occurs when the employer decides to end the employment relationship. A voluntary termination or resignation (i.e., the employee quits) occurs […]
In a job market with high turnover rates, noncompete contracts are useful ways to protect your business in industries that are susceptible to damage when an employee brings knowledge of internal operations to other companies. This article is meant to help you decide whether your business would benefit from a noncompete contract for your employees […]
Courts have long favored arbitration as a method of dispute resolution under the Federal Arbitration Act (FAA). In 2018, the U.S. Supreme Court reinforced the policy favoring arbitration agreements in Epic Systems Corp. v. Lewis. The Court ruled that the FAA requires enforcement of arbitration agreements that fall within its scope, including agreements in which […]
On July 14, 2022, the Wisconsin Court of Appeals ruled in favor of a former employee in a dispute over whether two uniquely worded restrictive covenants against him violated Wisconsin law. The case presents new considerations regarding what employers can and cannot include in noncompete clauses with severed employees.
The U.S. 4th Circuit Court of Appeals (which covers Maryland, North Carolina, South Carolina, Virginia, and West Virginia) recently issued a published decision on an employer’s second appeal of a judgment in favor of its former employee on claims of breaching an employment agreement and misappropriating trade secrets under the Maryland Uniform Trade Secrets Act […]
Arbitration is a creature of agreement, and no right or obligation to arbitrate exists without a mutual agreement. Is an electronic acknowledgement on an employer’s web platform enough to prove the agreement?
Most employers have some type of handbook to outline policies and expectations and keep everything in one place for employees to reference. However, not all employers ask employees to sign an acknowledgment form; it’s often viewed as an extra unnecessary step because employees already have the information they need.