Resource Listings

The Ninth Circuit recently concluded that job applicants are not entitled to compensation for time devoted to pre-employment drug tests because an employment relationship has not yet been formed. The Ninth Circuit held that the “control test” does not apply to job applicants, and that, under California contract law, the applicants had no contract for employment until they passed the pre-hire drug tests. Johnson v. WinCo Foods.

This resource is a checklist of five points to guide individuals on how to transition from one job to the next.

As the pandemic has compelled more employers to undertaking the hiring process remotely, what are the privacy and security risks inherent in conducting job interviews online, and what may employers do to mitigate those risks? Learn some actions to take in this checklist in order to protect employer and potential employees.

Effective January 1, 2023, employers who are hiring in the state of Washington will need to comply with the strictest job posting requirements in the United States. Washington’s newly revised Equal Pay And Opportunity Act now requires employers with 15 or more employees to disclose a pay scale and general description of benefits in each job posting or face claims of at least $5000 per violation. Washington’s agency overseeing the Act recently finalized its Policy to answer many outstanding questions regarding compliance with the new law.

The following flowchart is designed as an internal guide to assist managers in making a preliminary assessment of whether a job position may qualify for exempt status under the FLSA. This document is only designed to be a tool to assist in the implementation of new job positions. This flowchart does not take applicable state law into account which may impact the exemption analysis.

The pandemic has made clear that job security, benefit coverage, and continuity are vital to employees. Learn more about what employees should be aware of regarding their benefits and how employers can better serve them.

This User’s Guide is designed to provide a roadmap to help navigate the financial statement requirements of the federal securities laws. We focus principally on the requirements for new registration statements in public offerings, including initial public offerings by emerging growth companies (EGCs) under the JOBS Act.1 We also summarize briefly the practices in the Rule 144A market, as well as the special rules applicable to “foreign private issuers.”

During this health crisis, a majority of companies have created a work from home (WFH) process for their employees. However, some employees must work from an office due to the nature of their jobs. This factor can lead to higher exposure to illness. In this article, learn the rights of employees if they claim against their employer for infection due the Novel Coronavirus. This resource was produced in February 2020.

This guide by Latham & Watkins and KPMG is designed to provide a roadmap to help navigate the financial statement requirements of US federal securities laws. It focuses principally on the requirements for new registration statements in public offerings, including initial public offerings by emerging growth companies (EGCs) under the JOBS Act. It also summarizes briefly the practices in the Rule 144A market, as well as the special rules applicable to “foreign private issuers.”

A company’s culture can cause problems if employees perceive the company as not being concerned about their needs. Corporate culture must be examined to see if it reflects the company’s values and helps employees succeed at their jobs.

More than 4 million people in the US either quit or changed jobs in November 2021 alone. With the mass exodus of workers predicted to continue for the foreseeable future, the balance of power shifts from employers to employees. To stay competitive, companies will need to revisit their current recruitment and retention tactics. In this article, learn four key strategies for companies to consider in order to attract the best talent — and keep current employees happy.

The most frequently asked question at all-hands meetings for a securities offering is “What financial statements will be needed?” The question seems simple enough. But the answer is rarely straightforward.

This User’s Guide is designed to provide a roadmap to help navigate the financial statement requirements of the US federal securities laws. We focus principally on the requirements for new registration statements in public offerings by “foreign private issuers” (a term that covers most non-US issuers other than foreign governments), including initial public offerings by emerging growth companies (EGCs) under the JOBS Act.1 We also summarize briefly the practices in the Rule 144A market.

The most frequently asked question at all-hands meetings for a securities offering is “What financial statements will be needed?” The question seems simple enough. But the answer is rarely straightforward.

This User’s Guide is designed to provide a roadmap to help navigate the financial statement requirements of the federal securities laws. We focus principally on the requirements for new registration statements in public offerings, including initial public offerings by emerging growth companies (EGCs) under the JOBS Act.1 We also summarize briefly the practices in the Rule 144A market, as well as the special rules applicable to “foreign private issuers.”

Section 162(m) of the US Internal Revenue Code (the Code) as amended by the Tax Cuts and Jobs Act (TCJA) denies a tax deduction for compensation of more than US$1 million paid to certain executive officers of a publicly traded corporation (covered employees). This Client Alert examines the 10 key takeaways from the proposed regulations.

Our job description as in-house counsel often includes common themes: (i) assisting our company in achieving its business goals and (ii) ensuring that our company does not take on undue risk. This Top Ten is designed to help you identify and evaluate these common risk exposures that arise in commercial contracts.

Savings is not a strategy. Imagine a CEO opening an earnings call by celebrating the money the company “saved” on deal counsel and due diligence by not moving forward with an otherwise strategically vital acquisition. The stock would crater because leadership would rightly be judged as majoring in the minors.

As a line item, legal spend is a minor consideration. Rather, legal spend is better characterized as a relatively small investment that enables the business to execute on what matters.

Legal spend should be dictated by business needs. Those business needs are only escalating with the explosion in legal complexity. The increasingly law-thick environment in which businesses operate is having a profound impact on corporate top lines, bottom lines, valuations, and strategic opportunities. Trying to save money on legal is myopic—and excruciatingly common.

During a webcast on 12 May 2020, former General Counsel Rich Cohen shared his personal career development tips, including how he leveraged his ACC membership.  ACC has compiled Rich's advice into this Top Ten resource to assist in-house counsel in their personal and professional journey.

ACC author and member Rich Cohen discusses how in-house counsel can refocus their energy and efforts at the midpoint of their careers, to provide the best opportunity for a successful finish. In this Top Ten, Rich discusses how every career needs a periodic re-evaluation of things to do to ensure success, but the definition of success can change mid-career. Doing the same things in the same way will not get you any different result. It is never too late to change your career trajectory.

No new laws or regulations have been adopted expanding legal liability to cover caregiver or victims of COVID-19. However, the EEOC’s guidance is a good reminder of what the law requires – and does not require – when addressing employees or applicants who may be caretakers.

Here are the top ten takeaways of what the guidance does and does not do.

This Top Ten list is intended to provide a short summary of what ambitious in-house counsel can do to ensure their continued success if they enter into a new role as general counsel.

Do you know how crucial business skills are to your career as in-house counsel? Consider the key issues below in planning your career. The Association of Corporate Counsel (ACC), prepared this checklist utilizing information presented in the webcast titled “The Necessity of Business Skills for Advancing In-Housel Legal Professionals” (October 6, 2021). The webcast, presented by King’s Business School in partnership with ACC, highlights how the skills and language of business can elevate your skillset and position you for future success.