More Employment Coverage

Expert Analysis

• Steps Companies Can Take To Mitigate Privilege Labeling Risk

  

  Although Google prevailed on a recent privilege labeling sanctions motion, an important takeaway from the decision is that companies should assess their in-house procedures and employee training programs regarding privileged communications to mitigate risks of the potential appearance of bad faith privilege claims, say Gareth Evans at Redgrave and e-discovery attorney James Hertsch.

• What Litigation Funding Disclosure In Delaware May Look Like

  

  A standing order issued by Delaware's chief federal judge requiring litigants to disclose whether their cases or defenses are being financed by third parties is unlikely to have onerous effects but may raise questions regarding potential conflicts of interest and access to justice, say Cayse Llorens and Matthew Oxman at LexShares.

• How To Avert Unlawful Poaching Amid Rising Antitrust Risks

  

  Despite the uptick in labor market antitrust enforcement actions, no-poach agreements can be helpful in preventing unfair competition resulting from misuse of confidential or competitively sensitive information — when tailored appropriately and used with best practices to reduce risk, say attorneys at Ropes & Gray.

• Inside Oregon's New Paid Family And Medical Leave Program

  

  Rachel Timmins and Flo Mao at Ogletree discuss the ins and outs of Oregon's new paid family and medical leave insurance program set to take effect early next year, and explain why and how employers should model their policies after existing laws such as the Family and Medical Leave Act.

• A Guide To CalSavers Compliance As Deadline Approaches

  

  As California's new CalSavers retirement program continues to be phased in — with the latest deadline approaching at the end of the month — prudent employers will want to use best practices as they enroll to avoid any sort of violation, say Jordon Ferguson and Wesley Gonzales at Locke Lord.

• The Future Of Virtual I-9 Document Verification

  

  Proposed revisions to U.S. Citizenship and Immigration Services' employment authorization Form I-9 failed to address remote document inspection, but questions in a request for employer feedback provide hope that temporary accommodation for employers during the pandemic may become permanent, says Valentine Brown at Duane Morris.

• How In-House Legal Leaders Can Drive Corporate Growth

  

  Today, more executives are seeking legal leaders who are strategic, adaptable thinkers, making it essential that in-house counsel get out of their comfort zone of legal advice and take several steps to contribute toward revenue growth and raise their profile, says Tim Parilla at LinkSquares.

• Work Permit Extension Rule Increases I-9 Compliance Risks

  

  U.S. Citizenship and Immigration Services' expansion of automatic employment authorization extensions should help alleviate labor shortages caused by processing backlogs, but may also put employers at increased risk of inadvertent employment eligibility verification noncompliance and discrimination violations, says Brandon Davis at Phelps Dunbar.

• Attorneys Should Tread Carefully On Job Counteroffers

  

  Promises of more compensation to keep attorneys from leaving their jobs have become commonplace in today's hot job market, but lawyers should weigh their options carefully as accepting a counteroffer can negatively affect their reputation, says Leeron Molloy at VOYlegal.

• Justices' Jurisdiction Ruling Could Increase Business Liability

  

  The U.S. Supreme Court's forthcoming decision in Mallory v. Norfolk Southern could create a seismic shift in business litigation across the country by subjecting companies to personal jurisdiction in any state where they are merely registered to do business, say Amandra Cottrell and Jonathan Clark at Sheppard Mullin.

• The Future Of Legal Ops: Time To Get Serious About Data

  

  Most corporate legal departments collect surface-level data around their operations, such as costs and time to resolution, but legal leaders should explore more in-depth data gathering to assess how effective an attorney was, how efficiently legal work was performed, and more, says Andy Krebs at Intel.

• Employer Considerations For Leave Donation Programs

  

  As the battle for talent continues and workers return to the office, companies may consider allowing employees to donate accrued leave time to a shared bank, but employers should first review these programs' complex design issues to comply with state laws and avoid tax consequences, says Rebecca Hudson at Holland & Hart.

• Insight Into California's Increasing Cannabis Litigation

  

  California's cannabis industry is experiencing a swirl of challenges leading to a rise in cannabis-related litigation ranging from breach of contract claims to employment disputes — but companies can take several steps to avoid these growing pains, say Alexa Steinberg and Steven Stein at Greenberg Glusker.