Monthly Archives: January 2011

3 Questions Every Startup Entrepreneur Should Ask (During Business Formation)

Who’s in charge? How are we going to finance this? How can we protect our intellectual property? Three fundamental questions every entrepreneur should ask during business formation. And, according to the lawyers who hold forth below on the answers: it’s not just a matter asking questions. You’ll need to follow through on answers, act on… Read more »

You Should Know This: Trending Business Law Updates – Fri Jan 28

For you reference, here’s a short list of well-read, trending legal updates on JD Supra today – commentary, analysis, and news on a handful of timely business matters. Business Law You Should Know» – 1099 Repeal Appears Certain (by Partridge Snow & Hahn): “Several bills, including a bipartisan effort from Senators Baucus and Reid, have… Read more »

Doc of the Day: Key Issues Closely-Held Business Owners Should Have in Writing…

…the agreement should be discussed and executed when commencing the business relationship, because many individuals tend to overlook or downplay the real possibility of potential conflicts and problems that may arise in the future. Here’s an excellent piece by David Hanley, a Florida-based business and estate planning attorney. Hanley’s primer “provides answers to such questions… Read more »

Employee Rights: Supreme Court Says Yes to Retaliation Claims Under Title VII

…it is more important than ever for employers to ensure that their legitimate reasons for adverse employment actions are sufficiently and properly documented. (Ford & Harrison LLP) Here’s legal analysis of the January 24, 2011, Supreme Court decision in Thompson v. North American Stainless, LP – an interesting case that started when Eric Thompson (an… Read more »

Okay For Employees to Steal Trade Secrets? Apparently Yes, Sometimes It Is

Here’s an interesting employment update from law firm Fisher & Phillips to do with a case (Joyce Quinlan v. Curtiss-Wright Corporation) in which the New Jersey Supreme Court “addressed the question of whether an employee may take confidential documents from his or her employer for the purpose of helping in the prosecution of a discrimination… Read more »

Employment Background Checks: Two HR Law Updates

FYI: here are two recent legal updates looking at the tricky issues surrounding employee background checks – what you can look for, what’s out of bounds. The first piece of commentary, by law firm Fisher & Phillips, looks at the U.S. Supreme Court’s January 19, 2011, decision in NASA v. Nelson, with privacy implications that… Read more »

Link of the Day: Social Media Research + Employment Decisions: May Be a Recipe for Litigation

From law firm Sheppard Mullin: “We are the Google generation. We meet someone interesting, and then search the Internet to learn more about them. There is nothing wrong with doing this in the context of networking, making new friends, or pitching for business. However, searching the Internet for information about someone who is trying to… Read more »

1099 Reporting for Rental Property: What Lawyers Are Saying

Here’s a quick legal reading list to help you make sense of the new 1099 reporting requirements for rental properties. The new rules affect both landlords and tenants, including businesses paying rent for office/work space(s) – be sure you know what’s required of you: – Information Reporting for Rental Property Activities (by Green & Seifter):… Read more »

Taxes and Business: Important Updates for January 2011

For your reference, here’s a disparate collection of legal alerts and articles covering various and recent developments in the world of taxes and business: – IRS Issues Guidance Relating to the Tax Treatment of Gift Cards (by Bryan Cave): “On January 5, 2011, the IRS issued two revenue procedures that address certain federal income tax… Read more »

Social Media in the Workplace: A Legal Update

For your reference, here’s a reading list of the most recent articles on JD Supra to help you stay abreast of the myriad legal considerations raised by social media in the workplace. (See archives of previous reading lists at bottom of post.) » – Social Media Use Policies – Fact Versus Fiction (by Miller & Martin… Read more »

Link of the Day: What’s Not To Like About Social Media?

Commentary from law firm Sands Anderson: “Whether it is the creation of instant stardom for a homeless man (the “voice” Ted Williams) through a viral YouTube video, or the tweeting of a congresswoman’s imminent meeting in a parking lot and subsequent tweeting of the tragedy that followed, social media has changed the way we live,… Read more »

Protecting Intellectual Property: An Entrepreneurs’ Guide to Trademarks, Copyrights, and Patents

Here’s what lawyers and law firms on JD Supra are writing to help business owners and entrepreneurs make sense of trademarks, copyrights, and patents. A legal reading list on protecting your company’s intellectual property: – Protect your Intellectual Property – People, Processes & Products (by Bambi Faivre Walters, PC): A brief overview: “The term ‘intellectual… Read more »

Employment Law Update: Final GINA Regulations in Effect

A recent employment update from law firm Venable LLP reminds us that as of January 10, 2011, final rules of Title II of the Genetic Information Nondiscrimination Act of 2008 (“GINA”) are in effect: “So as the new year begins, employers should become familiar with the regulations and take certain steps aimed at making their… Read more »