Monthly Archives: October 2011

Benefit Corporation Now Recognized in California: What Is It?

We’ve been reading with the interest legal analysis and commentary spurred by California Governor Jerry Brown’s recent bill signing spree. Included in the mix: a look at the new Benefit Corporation, a for-profit corporation that has the leeway to also take on objectives usually within the realm of non-profit organizations. Here’s a closer look, from… Read more »

Cloud Computing and Security: Know Your Risks Before You Jump In

“The FBI ranks cyber-attacks as the third greatest threat currently facing the United States, eclipsed only by nuclear warfare and other weapons of mass destruction. According to the Privacy Rights Clearinghouse 500 million sensitive records have been compromised since 2005… These problems are going to get worse. Indeed, 2011 has already been labeled the ‘year… Read more »

Business Insurance: Are You Really Covered?

“With the potentially extraordinary costs of remedying a [data] breach and breach-related litigation, affected companies are turning to their insurers. Insurers are responding that claims arising out of data breaches are not covered under traditional insurance coverage.” (From 2011 — The Year of The Breach: Consumers, Companies, Insurers, and Legislators Stake Out Positions after Rash… Read more »

California Employment Laws: Governor Brown Goes to Town

“California Governor Jerry Brown finally addressed the bulk of the labor and employment-related bills passed by the California state legislature during the first half of the 2011-2012 session … [relating] to various and diverse areas such as hiring practices, required leaves of absence, health insurance, and worker classification.” (From Governor Brown Signs Significant New Employment… Read more »

Social Media Policies: Is Your Procrastination Putting Your Company at Risk?

“As we know, the (communication) revolution will be more than ‘televised’ because it is posted, liked, blogged, tweeted and linked, anytime, anywhere.” (Social Media and the Workplace: Virtual Worlds and Legal Realities in 2011 by Luce Forward) Think your employees aren’t on Twitter (or Facebook, LinkedIn, or any of the countless other social media and networking platforms)?… Read more »

ON: Employees and Independent Contractors … Doc of the Day

“Whether it is to limit liability, reduce costs, or simply to condense operations, there are numerous reasons why organizations may prefer to treat individuals as independent contractors rather than employees… [but if] the independent contractor is really an employee, then the consequences can be expensive, and can include payment for wages, taxes, workers’ compensation and… Read more »

Trade Secrets: Are You Covering Your Ass(ets)?

“Customer lists, manufacturing and marketing plans, financial information, manufacturing techniques and product designs, can all be protectable… These are examples of typical business information that may give a business an advantage over competitors who do not have the information. General knowledge and skill of a worker can be transportable to a new job.” (From A… Read more »

Small Business Bankruptcy: Who Is Responsible for the Debt?

Who is responsible for paying the company debt if, alas, my small business simply cannot sustain itself and I am forced to declare bankruptcy? It’s an oft-asked question – and the answer depends on a couple of moving parts. From bankruptcy lawyers on JD Supra, consider the following: – You are responsible if you’ve personally… Read more »