Category Archives: Fiduciary Duty

Treatment of Trump-Ukraine Informer Could Have Chilling Effect on Corporate Whistleblowers 

Whistleblowers have a variety of understandable reasons for bravely coming forward – but winning a popularity contest is rarely one of them. After all, they are typically corporate or government insiders alleging fraud and wrongdoing, which tends to render them vulnerable … Continue reading

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Fifth Circuit Reminder: Words Matter in Employment Contacts, Restrictive Covenants

Sometimes the most fundamental legal concepts are so basic and intuitive that they tend to fall by the wayside in practice. Case in point is a recent Fifth Circuit opinion throwing out an arbitration agreement because the employer didn’t follow … Continue reading

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Two-Plane Habit: GE Exec’s Travel Latest Example of Wasteful Corporate Culture

GE shareholders and much of the business world were surprised to learn about the wasteful business travel practices of recently retired CEO Jeff Immelt. The WSJ reported recently that for much of his tenure at GE, Immelt traveled in a … Continue reading

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Picture that text you just wrote on the screen in a courtroom

Executives know better than to put questionable statements in email, right? Well, it is past time to realize the same goes for texts. Just like a Miranda warning: Anything you text can and will be used against you in a court of law. Continue reading

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NFL lessons for the C-Suite on succession planning, Exhibit 1: Tony Romo

Dallas Cowboys owner Jerry Jones has himself in an ideal succession situation. He waited to draft the perfect candidate – Dak Prescott. He and can now let potential future star quarterback Prescott learn while aging star Tony Romo still has the ball. Boards and C-Suite folks should think like Jones: Keep your stars in place, but keep an eye on the future of the company. Continue reading

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Considering a New Job? Please Talk to Your Lawyer

Zillow recently reached a whopping $130 million settlement with Realtor.com operator Move Inc. shortly before the two online real estate giants went to trial over alleged misappropriation of trade secrets. While the settlement amount is a far cry from the … Continue reading

Posted in Business Continuity, CEOs, Complaints Against Executives, Confidential Information, Corporate culture, Covenants Not to Compete, Executive Compensation, Executive contracts, Executive Management Style, Fiduciary Duty, Legal, Litigation, Non-Competes, Trade Secrets, Uncategorized | Comments Off on Considering a New Job? Please Talk to Your Lawyer

Preventing Trade Secret Theft (in 20 Years)

Trade secret theft becomes a bigger concern for major companies with every passing day. Particularly when companies are doing business overseas—where intellectual property protections may not be as well-enforced—keeping trade secrets secret has become, to put it lightly, a challenge.

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Office Romances Doubly Dangerous for CEOs

It seems we can’t go for more than a few months without a CEO’s romantic entanglements getting him into trouble. The latest victim, if you can call him that, is former Stryker Corp. CEO Stephen P. MacMillan, who was recently … Continue reading

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What’s the Best Way to Take People With You to a New Company?

I’ve devoted a couple of blogs (here and here) to what things executives should and should not take with them when they change employers. Simply playing that part right can help avoid litigation with former employers. Where it gets really … Continue reading

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Executives Should Proceed With Caution When Changing Jobs

One of the biggest, and most likely, legal headaches highly placed executives can give themselves involves their actions just before and just after leaving one company and joining another. An executive’s actions during this time are critical to avoid getting … Continue reading

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