Does your company’s business insurance cover the risks presented by the ordinary course of its operations? The unhappy lesson to the policyholder in Phusion Projects v. Selective Insurance, a December 2015 decision by an Illinois appellate court, is that the time to make that inquiry is before your company faces multiple lawsuits tied to
So you’ve received an anonymous complaint — why you shouldn’t just ignore it
The roles of today’s corporate compliance officer are varied and many. Among other things, corporate compliance officers design or implement internal controls, develop policies and procedures to ensure compliance with numerous laws and establish employee ethics training programs. In addition, most compliance officers find themselves conducting internal investigations based upon complaints, some of which are
Ruling in toddler video case calls for fair use consideration
9th Circuit finds copyright holders must consider fair use or risk liability before issuing takedown notices under the DMCA.
In a matter of first impression, the 9th U.S. Circuit Court of Appeals ruled on Sept. 14, 2015, that copyright holders must consider fair use before issuing a takedown notice under the Digital Millennium Copyright Act
Explosive changes in white collar prosecutions coming?
DOJ “Yates Memo” and release of 20-year study of white collar prosecutions suggest major changes in the way white collar crime is prosecuted and defended.
Two separate news items, each released on Sept. 10, 2015, are well worth noting by all practitioners of white collar criminal defense, general counsel for corporations, business executives and employees
The Deflategate ‘play’: Investigations must stay independent
Otherwise, a ruling on the field may be overturned
The “play” has become as familiar as a forward pass. If not careful, however, your play may draw a flag and penalty.
When faced with a scandal, public companies, colleges or universities, and even the NFL, all seem to execute the same play: They rush to
Colorado high court: Employers can fire employees for off-duty medical marijuana use
Decision may have relevance for Illinois employers as well
In a recent and somewhat surprising decision, the Colorado Supreme Court concluded that an employer legally fired an employee for violating the company’s zero-tolerance drug policy, even though the employee’s marijuana use was off-duty and legal under Colorado law.
The decision, Coats v. Dish Network, LLC
The cyber threat from within: The Computer Fraud and Abuse Act as a weapon against theft of confidential information by departing employees
Almost daily, we hear about cyber attacks on big businesses and government agencies. But the attacks are not isolated to the big entities. Your business’s most valuable trade secret information more than likely resides in an electronic database that is vulnerable. Yet probably the greatest threat to that database may come from within: your own
Insurance against being wrongly sued: The duty to defend even when extrinsic facts suggest no coverage
A recent Illinois appellate court decision illustrates that a policyholder can compel its insurance carrier to provide it with a defense even when it is clear from extrinsic facts that the insurer will not ultimately have an obligation to indemnify the policyholder against a judgment.
Given the high cost of defending against even baseless claims
How to minimize risk when hiring an employee from a competitor
The talent market is increasingly fluid, with many businesses following the talent development mantra “if you can’t beat ’em, hire ’em.” Poaching from a competitor is not without risk. However, there are reasonable steps that should be taken to reap the rewards of the fluidity of today’s talent pool while managing the risks. Two principal
What employers need to know about Chicago’s new minimum wage
Hourly minimum rises to $10 on July 1, 2015, and will reach $13 in 2019
Chicago’s Minimum Wage Ordinance takes effect July 1, 2015, raising the minimum wage to $10 per hour for non-tipped employees and $5.45 for tipped employees.
It provides for subsequent raises each July 1 until the hourly minimum wage reaches $13