Employee Misclassification in California: Issues and Strategies

By Robert A. Bleicher, Carr McClellan P.C.

Uber’s $100 million class action settlement with drivers who claimed they were misclassified as independent contractors rather than employees caught the attention of businesses across California. That attention is warranted. Recent decisions by courts and government agencies are clear that labeling a worker an “independent contractor” is immaterial.

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8 Questions to Ask When Hiring Family Members

By Michael N. Mercurio, Offit Kurman

In today’s hyper-competitive employment market, nepotism has once again become a topic of contention. Job seekers who feel snubbed frequently claim they were overlooked in favor of the owner’s (or hiring manager’s) nephew, niece, cousin, or in-law. The perception is that family members always receive preferential treatment even when they’re under-qualified and unmotivated to perform the functions of their job, and that, in each instance, the business owner either doesn’t care or has no choice but to give the relative the job or face the family’s wrath.

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Why Use an Outsourced Legal Department? (IV)

By Jonathan Wachs, Offit Kurman

Why should an organization consider using an outsourced legal department? This series takes a look at some of the most compelling reasons to engage a third-party lawyer or team of lawyers to meet your legal needs. Part IV.

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Intangible Assets

By Dr Jorge Marcos García Landa, Corporativo García Landa, S.C.

In Latin America, most legal entities have no idea of what their company is worth, which is detrimental to their own company and the legal entities that comprise it.

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Why Use an Outsourced Legal Department? (III)

By Jonathan Wachs, Offit Kurman

Why should an organization consider using an outsourced legal department? This series takes a look at some of the most compelling reasons to engage a third-party lawyer or team of lawyers to meet your legal needs. Part III.

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Why Use an Outsourced Legal Department? (II)

By Jonathan Wachs, Offit Kurman

Why should an organization consider using an outsourced legal department? This series takes a look at some of the most compelling reasons to engage a third-party lawyer or team of lawyers to meet your legal needs. Part II.

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Why Use an Outsourced Legal Department? (I)

By Jonathan Wachs, Offit Kurman

For organizations around the world, outsourcing various functions and departments has become an ordinary part of doing business. Legal services are no exception. In fact, according to Deloitte’s 2014 Global Outsourcing and Insourcing Survey, nearly two-thirds (65%–67%) of organizations everywhere outsource legal opinions and counsel, and even more respondents (15%–23%) said they planned to do so.

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Changes to Australia’s foreign investment landscape

By Elizabeth McDonald, McCabes Lawyers

Foreign investors in Australian real estate will need to ensure they comply with a raft of changes to Australia’s foreign investment framework, while the signing of the China and Australia Free Trade Agreement expands opportunities for Chinese investment in Australian property.

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Employee Non Compete Agreements in California: They’re Not Enforceable

By Robert A. Bleicher, Carr McClellan P.C.

In many United States jurisdictions, covenants that restrict a departed employee’s ability to compete with his former employer are enforceable with reasonable limitations. Typically, courts permit a restrictive employment covenant after applying a balancing test that weighs geographic regions, time limits, or other considerations to prevent the restriction from being overly oppressive. Not so in California, where those considerations are effectively irrelevant. Home to the world’s seventh largest economy, it has the most aggressively enforced public policy against contracts that in any way prevent a person from engaging in his or her profession, trade, or business.

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