The In-House Advisor was created to provide in-house counsel (as well as CEOs, CFOs and other C-Level decision makers) with practical, helpful and thoughtful advice on a variety of legal issues. Our posts will primarily deal with matters related to litigation/risk avoidance and employment and labor issues. In addition, we will feature guest posts by well respected in-house counsel who can provide the type of “in the trenches” perspective and advice to help your business run smoothly.
Articles: 1-10 of 117
Be Clear (and Broad) in Your Choice of Law Provisions
USA - August 21 2023 A recent decision from the Superior Court of Massachusetts in MIM Mass Convertible Note v. MIM Management, LLC reminded me of other posts I have…
Why Not Try To Preempt Employee Claims by Shortening the “Statute” of Limitations?
USA - May 22 2023 No company wants to be sued by its current or former employees, particularly for discrimination claims. Even if you prevail, litigating such claims…
Are You Prepared to Avoid Spoliation? The Duty to Preserve Begins Sooner Than You Might Think.
USA - April 10 2023 Few terms make litigators shudder like the dreaded spoliation; and for good reason. The consequences of a company’s failure to preserve evidence that…
The Impact of McLaren Macomb Continues to Grow—Next Steps for In-House Counsel.
USA - March 27 2023 As a follow up to my post a few weeks ago on McLaren Macomb, the NLRB has issued new Guidance of which in-house counsel should take note. The McLaren…
Your Company’s Current Severance Agreement for Non-supervisory Employees Might Be Illegal - What To Do Next.
USA - March 14 2023 If your company, like many, includes “standard” confidentiality and non-disparagement provisions in its employee severance agreements, those…
Reminders on the Attorney-Client Privilege for In-House Counsel
USA - March 7 2023 I just came across a decision issued in the District of Massachusetts, Logue v. The Rand Corporation, and it reminded me of some key aspects of the…
The Cost of Late Notice to Your Company’s Insurer
USA - January 10 2023 Company leaders—whether the GC, chief executive, or some other officer in charge—often call their outside counsel when a formal claim is made against…
Is The Rent Acceleration Clause in Your Lease Enforceable?
USA - December 14 2022 The default clause of most leases provides that upon the tenant’s material default, the landlord has the right to retake possession, relet the…
Learn From Uber’s Miscues to Ensure Your Electronic Agreement Is Enforceable
USA - November 30 2022 As discussed in a blog post last year, Uber learned the hard way that with online agreements, it can take more than a simple provision stating “all…
Are You Prepared To Be More Transparent About Your Salaries?
USA - November 1 2022 Many states are now enacting laws to further promote pay transparency, and if you have employees in those jurisdictions, you need to take note. Not…
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