Disloyal Employees: Disgorgement Offers Employers Some Reprieve

In many states, employees owe a duty of loyalty to their employer as long as they remain on the employer’s payroll. In other words, employees must generally act in the best interests of their employer—and not solely for their own self-interest—throughout the course of their employment. This is particularly the case for employees serving in management- or supervisory-level roles or where the employee has access to the employer’s confidential information, trade secrets, or “secret sauce.” But what can an employer . . . Read More

Non-Compete Agreements: What Employers and Healthcare Providers Should Know

Non-compete clauses are a common component in employment agreements for many businesses and healthcare providers. Employers and healthcare providers, ranging from large public hospitals and Fortune 500 companies to small private practices and businesses, utilize non-compete clauses in their employment agreements to protect their businesses and medical practices by restricting their employees’ ability to work for a competing entity. This blog offers important considerations for employers and healthcare providers implementing non-compete agreements and clauses to protect their interests, ensure enforceability, . . . Read More

Jury Convicts Former NASA Subcontractor of Fraud: A Warning Regarding Wire Fraud for Government Contractors

In the government contracting sphere, being able to qualify for one or more of the U.S. Small Business Administration’s (SBA) small business set-aside programs or self-certify as a small business can help open doors to new contracting opportunities for companies without having to compete against billion-dollar businesses. But making a false certification of size or status to participate in these programs or bid on set-aside contracts can cause problems for your business and may even lead to criminal liability. A . . . Read More

What Does Bill Cosby’s Overturned Conviction Mean for Your Fifth Amendment Rights Against Self-Incrimination?

The Supreme Court of Pennsylvania recently overturned Bill Cosby’s 2018 conviction for crimes of sexual assault. Most have focused on the justness of this outcome. But the court’s 79-page opinion also has implications for how witnesses in civil cases navigate the potential risk of self-incrimination—including witnesses testifying on behalf of a corporation as a corporate designee under Federal Rule of Civil Procedure 30(b)(6). As we discussed in our blog on invoking the Fifth Amendment in a civil deposition, the privilege can . . . Read More

Alaska Native Corporations Now Eligible for CARES Act Funds Following Supreme Court Decision

On June 25, 2021, the Supreme Court ruled in a 6–3 decision , in Yellen v. Confederated Tribes of the Chehalis Reservation, that Alaska Native Corporations (ANCs) are “Indian tribes,” as defined by the Indian Self-Determination and Education Assistance Act (ISDA). In accordance with the ruling, ANCs are thus entitled to some of the $8 billion allocated to “Tribal governments” by the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) in the wake of the coronavirus pandemic (COVID-19). The decision . . . Read More

Protecting Your Company Against Revenue Clawbacks: Preference Actions (Part 3 of 3)

This is the final part of our three-part series on revenue clawbacks. The scenario: a customer or teaming partner goes bankrupt and then they (or a trustee) demand you return money they already paid you for services or goods duly rendered. In the first entry , we discussed the definition of preferences and the policy purpose of preference actions. In the second , we identified five specific actionable items to take to limit your exposure to them. In this finale to the series, . . . Read More

Restaurants are Prime Targets for FLSA Lawsuits: 6 Tips for Employers Relying on the Tip Credit

The COVID-19 pandemic has been particularly difficult for the food and beverage industry.  With stay-at-home orders, operational capacity restrictions, and indoor dining limitations imposed on restaurants and bars across most of the country throughout 2020 and into 2021, the impact has been significant.  The hospitality industry lost hundreds of billions of dollars in anticipated revenues; beloved local eateries closed their doors temporarily or permanently; and millions of restaurant workers lost their jobs or left the hospitality industry altogether.  Now, as . . . Read More

A Decision Right Up an Employee’s Alley: Recent Virginia Federal Court Opinion Weakens Protections for Companies Utilizing Consultants and Independent Contractors

Government contractors and commercial businesses alike frequently retain consultants and independent contractors to perform certain types of work, particularly in the construction, healthcare, and information technology industries. This is so because utilizing independent contractors, as opposed to employees, can offer some attractive benefits to companies. For instance, utilizing independent contractors may reduce company overhead, general and administrative, and fringe benefit expenses; it may allow for flexible work schedules, particularly on projects with indefinite schedules or workloads; and it may permit . . . Read More