New Form I-9 issued by USCIS
USCIS has issued a new form I-9, a link to which appears below. Although employers should begin using the 03/08/13 dated form right away, older forms dated 02/02/09 and 08/07/09 will be accepted until May 7, 2013. After May 7, 2013, only the 03/08/13 will be accepted. I-9 compliance is an area of increasing exposure […]
Employers Required to Allow Time Off for Voting
The current national election has prompted more interest than most elections in recent years. In anticipation of an active election day, employers should plan now for employee absences to vote. Many states require employee time off to vote on election day unless there is a sufficient amount of time to vote outside of the employee’s […]
The Dreaded Tangle of a Business Decision Deadlock
Imagine the following scenario: You and a childhood friend reconnect over lunch. Both of you have been looking for a new business opportunity for some time. You come up with a great new idea and a strategy for putting that idea into operation. Each of you wants to put the same amount of seed money […]
Of Sound Mind: Make Plans for Your Digital Estate
Our new digital world raises many new questions and leaves us to scramble for answers. It’s hard enough for us to keep track of our passwords, user names and accounts when we are of sound mind and body. How difficult will it be when we are no longer around to do that? Today we have […]
Strategies for Promoting an Effective Board Culture
The ideal board culture encourages full discussion of issues, values different viewpoints and protects confidentiality. To promote and support a strong board culture, boards should: 1. Agree on the role of the board and management to avoid miscommunication with respect to delegated authority and the board’s participation in decision-making. 2. Understand the value and the […]
Customizing Multi-State Non-Compete Agreements
(This is the final of four posts discussing current issues with non-competition agreements that cross state lines. — Keith Sieczkowski) There is no “standard” non-compete agreement that can be used all the time regardless of the states involved. As we recently observed with the Marsh decision in Texas, non-competes are regularly the subject of judicial […]
Purchase Agreements with Non-Compete Clauses
(This is the third of four posts discussing current issues with non-competition agreements that cross state lines. Companies and legal counsel must be sure to craft these agreements carefully. As I will explain in my fourth and final post of this series there is no “standard” agreement that can be used all the time regardless […]
6-Year Limitation Does Not Apply To Basis Overstatement
The Supreme Court in U.S. v. Home Concrete and Supply, LLC, 80 U.S.L.W. 3078 (U.S. 2012) has held that an overstatement of basis resulting in understated income is not an omission of gross income subject to the six year limitation on assessment of tax under Internal Revenue Code Section 6501(e)(1)(A). Code Section 6501(a) generally provides […]
Choice of Law Provisions & Non-Compete Agreements
(This is the second of four posts discussing current issues with non-competition agreements that cross state lines. Companies and legal counsel must be sure to craft these agreements carefully. As I will explain in my fourth and final post of this series there is no “standard” agreement that can be used all the time regardless […]
Executive Rights Holders: New Lease Considerations
The Texas Supreme Court’s ruling in late 2011 in Lesley, et al v. Veterans Land Board of the State of Texas, et al indicated a shift in Texas law regarding the duties of the holders of executive rights to the owners of nonexecutive mineral interests. For the uninitiated, “executive rights” are one component of the […]
