I. THE ATTORNEY-CLIENT PRIVILEGE -
Historically, the attorney-client privilege developed upon two assumptions: (1) good legal assistance requires full disclosure of a client’s legal problems; and (2) a client will only ...more
10/17/2023
/ Attorney-Client Privilege ,
Confidential Communications ,
Disclosure ,
Dispositions ,
Exceptions ,
Extensions ,
Intellectual Property Protection ,
Internal Investigations ,
Patents ,
Privileged Communication ,
Shareholder Litigation ,
Trial Preparation ,
Witness Preparation ,
Work-Product Doctrine
Employers have historically used non-disparagement and confidentiality provisions when resolving threatened or actual claims employees may pursue. The logic of proposing such clauses flows from the reasonable desire to bring...more
No good deed goes unpunished. Those of us working with 401(k) plans are familiar with this sentiment. An employee benefit plan, as the name implies, is supposed to benefit employees. Yet benefit plans – particularly 401(k)...more
10/21/2021
/ 401k ,
Arbitration ,
Benefit Plan Sponsors ,
Best Practices ,
Contract Drafting ,
Contract Terms ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Fiduciary Duty ,
Retirement Plan ,
Retirement Plan Providers ,
Venue
The #MeToo movement caused a significant amount of legislative activity across the country, addressing, among other things, limits on the use of nondisclosure agreements in settlements of sexual harassment claims. Expanding...more