Bullying Before Sexual Harassment
While sexual harassment makes larger headlines, workplace bullying can be just as detrimental to employees and the company for which they work.
Business Law
Summaries of the 2015 “The Future of Healthcare Symposium”
Read the summaries of the Keynote Speakers: Steve Collis and Susan Dentzer as well as the summaries of the three panels for the 2015 Healthcare Symposium.
A Whale of a Legal Tale
SOX includes a broad prohibition on obstruction of justice. Should that criminal statute apply to a commercial fisherman improperly disposing of undersized fish?
A Generic Problem: Should FDA Approval of Drugs Stop Consumers’ Suits for Injuries?
The Supreme Court has ruled federal law blocks consumers from suing for injuries from generic drugs, yet brand name drugs do not have the same protection.
Justice in Ethics Programs
Ethics programs have arisen in response to outcry over the perceived unethical behavior of American business. The rapid response is encouraging, though issues have emerged.
A No Fault Approach to Recouping Executive Compensation
Having improved financial performance justifies compensation, but what happens to the compensation after a restatement?
The Ethics of Ethics Programs
Ethics programs are most effective when they flow out of a culture that values practicing business legally and ethically. However, there are a number of ethical issues which are themselves raised by ethics programs that demand more visibility and thought if these programs are to be ultimately effective.
UPDATE: Reforming Corporate America
In July 2002, Sarbanes-Oxley Act was enacted in response to fraud scandals at companies such as Enron and WorldCom; however, today the law is highly controversial and a target for frequent criticism from both business executives and politicians.
UPDATE: The Employers’ Legal Obligations to Employees in the Military
2012 Employer tax credits available to employers who hire returning war veterans have been extended and enhanced.
Protecting Descriptive Brands in Trademark and Trade Dress Law:
A company must be able to defend its marks and dress to ensure a continued, strong association between the company’s products and their source.
Secondary Meaning in Trademark and Trade Dress Law
This article, the second in a series focused on trademarks and trade dress, details the doctrine of secondary meaning and its ramifications for businesses.
Family Business Succession
Passing a business to the next generation requires the appropriate legal tools and a well-designed succession plan.
The Quest for Distinctiveness in Trademark and Trade Dress Law
An overview of the critical issue of distinctiveness in trademark law and how a company’s marks and dress can be made as strong as possible.
Lessons from the New Dodd-Frank Financial Regulatory Reform Law
The path to the new Dodd-Frank Wall Street Reform and Consumer Protection Act echoes that of another controversial business reform law, the Sarbanes-Oxley Act of 2002. What can be learned from these two laws and the business scandals that prompted them?
Price Fixing and Minimum Resale Price Restrictions Are Two Different Animals
Minimum resale price maintenance (RPM) is not “price fixing,” and can benefit companies and consumers if fully informed and strategically employed.