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.
Tag: Business Law
2012 Employer tax credits available to employers who hire returning war veterans have been extended and enhanced.
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.
This article, the second in a series focused on trademarks and trade dress, details the doctrine of secondary meaning and its ramifications for businesses.
Passing a business to the next generation requires the appropriate legal tools and a well-designed succession plan.
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.
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?
This article presents the general issues surrounding a U.S. employer’s decision to offer employee benefits to the domestic partners of current employees.
Minimum resale price maintenance (RPM) is not “price fixing,” and can benefit companies and consumers if fully informed and strategically employed.
Self-regulation of CEO pay by public companies is needed to reduce reactive legislative that could easily have unintended or even negative consequences.
By adopting a clear anti-harassment policy and process for handling complaints, an employer may be able to fend off or reduce a costly judgment.
Key points that must be remembered when considering arbitration in an international business dispute.
An overview of employer legal obligations when an employee is called to active military duty or is a member of the United States National Guard or Reserves.
Guidance on how to deal with three common pitfalls of the family-owned business: lack of written agreements, ignoring fiduciary responsibilities, and not planning for the future.
An exploration of contemporary Alternative Dispute Resolution (ADR) methods to the resolution of worker’s compensation claims, avoiding conventional litigation.
Shareholder suits against public companies have become big business but in two cases in less than a year, the Supreme Court ruled against shareholders.
The Sarbanes-Oxley Act of 2002 offers sound prescriptions for all companies, publicly traded or not.
California’s 2006 legislation requiring “Mandatory Sexual Harassment Prevention” training has far-reaching implications for potential employer liability.
Major differences have existed in U.S. and European antitrust law but new regulations could have significant impact on business decisions for global companies.
An exploration of how to best maximize D & O coverage programs in the wake of recent corporate scandals.
Knowledge regarding the types of basic arrangements for legal billing and costs, as well as some thoughts about how to select an attorney.
Because of the explosive growth of electronic records, the mandate for trustworthy storage and management of electronic records is greater than ever before.
In recent corporate scandals, some executives have learned the hard way that lying is still a crime in corporate America.
Proving that a competitor’s similar trademark causes actual dilution in order to obtain an injunction against it can be an expensive and time-consuming endeavor.
Supreme Court case State Farm Mutual Automobile Insurance Co. v. Campbell provides some relief for businesses facing punitive damages lawsuits.
A pattern of regular inspection, upkeep, and repair will help prevent accidents and offer a defense against liability should an accident occur.
As a seller or a buyer, you must understand when and how a buyer may reject defective goods—and apply common sense as well as the law in these situations.
Businesspersons beware. Corporate attorneys “appearing and practicing” before the Securities and Exchange Commission (“SEC”) are now required to comply with stringent new responsibilities for reporting corporate wrongdoing “up the ladder” inside the company, with the possibility that those duties might eventually include “reporting out” outside of the company in the near future. Chalk this up … Continued
The new law seeks to require greater accountability by management and boards in the reporting of financial data. Will it be enough?
Take advantage of the protections offered in the Uniform Trade Secrets Act.
A divided Supreme Court works to clarify what business can and cannot do in several areas.
Alternative Dispute Resolution can sometimes save time, money, and relationships, but you need to understand when to use which approach.
The Supreme Court narrows the definition of disability, but employers still need to consider individual details and circumstances in each ADA request.
Recent decisions lessen likelihood of unreasonable punitive damage awards and support a business’s right to enforce arbitration instead of litigation.
New regulation increases capital market efficiency and is good news for individual members.
The rapid growth of electronic commerce has led to increased interest and debate on whether, and how, e-commerce should be taxed.
Make managers in your organization aware of the risks of giving negligent references.