Document destruction to hide evidence from the government could be prosecuted for obstruction of justice: Government prosecutors seem to like to go for the low-hanging fruit, in the form of easy-to-prove charges.
“Hot news” likely won’t be legally protectable in the U.S.: Organizations that publish lucrative types of news for paying customers (e.g., financial news or real-time sports scores) just hate it when third parties grab their information off the TV or Internet and republish it without paying for it.Such license restrictions should be cautiously drafted, because a competitor might try to claim that the restrictions constitute “copyright misuse.” In 2011 a federal appeals court surveyed the existing law, and provided what amounts to a road map for drafting such restrictions, in , No. [ADDED 2011-10-28] Exercising too much control over subsidiaries could lead to joint and several liability: If a parent company maintains too-tight control over its corporate subsidiaries, in some circumstances the parent company could be held liable for a subsidiary’s troubles. Backdating stock options without properly accounting for them can lead to prison time: See the SEC list of indictments, convictions, and prison sentences for executives who were involved in backdating stock options.An investment firm was held jointly and severally liable for unfair labor practices by managers at a resort operated by the firm’s indirect subsidiary, because of the tight operational links between the two entities. ¶ For an explanation of the various forms of stock-option backdating, see the Wikipedia article. ¶ If the language is ambiguous, then courts will typically look to extrinsic evidence, such as emails and witness testimony, to try to discern what the parties had in mind. I’m developing it gradually, adding items in the course of my routine reading of recent developments, legal blogs, etc.
As the page gets bigger, I expect eventually I’ll break it up into separate topical sub-pages.] • Acquisitions • Business strategies • CFO • Contracts • Document destruction • Emails • Government contracting • HR Department • Insurance • Mergers & acquisitions • Patents • People (managing them) • Recruiting • Reporting and disclosure requirements • Sales • Sexual harassment • Web sites • Whistleblowers Price fixing and other collusion can lead to jail time: See the entry under Sales.
Contract interpretation is usually a pretty simple process: In interpreting a contract, a (U. at 35-36, on the theory that the drafter should be held accountable for not being more careful in its choice of words.
S.) court will generally start by reading the contract language in question. ¶ Courts also will generally try to avoid interpreting contract language in ways that would be nonsensical or that cause problems with other language in the document.
Relying on contractors whose employees are informed of such rights under Federal labor laws facilitates the efficient and economical completion of the Federal Government’s contracts.” ¶ The form of the notice is prescribed in Department of Labor regulations.
The notices must be posted, conspicuously, in plants and offices where employees covered by the NLRA perform contract-related activity, including all places where notices to employees are customarily posted both physically and electronically.
Federal Government contracting departments and agencies are required to include provisions to that effect in pretty much every government contract; contractors must also include similar provisions in their subcontracts.