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Battling the Clone Army: Arbitration Agreements, Class Action Waivers, and the Risks of Mass Arbitrations in Employment Cases

Many employers believe that it’s better to resolve employment claims in arbitration rather than going to court.  If you determine that arbitration is the best course, it’s common to include a class or collective action waiver to avoid many of the procedural headaches associated with defending a class arbitration. However, be aware that you could […]

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Supreme Court Reminds Employers to Be More Accommodating

Whenever law and religion cross paths, there is a tricky dance that must be done.  The U.S. Constitution guarantees that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof…” (First Amendment).  So, to prevent discrimination based on religion without violating the Establishment Clause, Congress requires accommodations for an

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Crypto Payments of $10k or More: A Deep Dive into Form 8300

Cryptocurrency is making the news every single day for a myriad of reasons. I wanted to shed light on one important update that might have gotten lost in the weeds: beginning January 1st, 2024, tax information reporting for cryptocurrency transactions will experience a significant expansion. This new development stems from President Biden’s Infrastructure Investment and

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AI for HR: How to Use ChatGPT to Improve Employee Counseling

By now, you’ve likely heard of ChatGPT, the artificial intelligence (AI) chatbot first launched in late 2022 (and if you haven’t, here’s a helpful primer). Seemingly every day, I read about novel uses for this tool. At a recent seminar I attended, a panelist mentioned that he was using it for employee counseling scripting, especially when

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Type II Preliminary Agreements are Not Agreements to Agree

Over the past decade, a subsect of contract law has been developing in Delaware regarding Type II agreements. You may be asking, what in the world is a Type II agreement? And what’s the difference between a Type I agreement and a Type II agreement?   Why does this even matter?  Type I agreements reflect mutual assent to “all

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What Can I Actually Register with a Trademark: Slogans, Logos, and Names, Oh My!

Question: What do McDonald’s, Google, and Beyoncé all have in common?     Answer: They all own some of the most recognizable and valuable registered trademarks in the world – and you can too!    From “I’m lovin’ it” to “Google” being used as both a brand name and a verb, “just Google it!”), these brands

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Making Sure Your Business Doesn’t Collapse If Your Bank Does

Last Friday, Silicon Valley Bank – which was, at the time, among the country’s 20 largest commercial banks – fell victim to a bank run and collapsed. For many SVB accountholders, this was the first major bank run to occur in their working lifetimes, and it was a wake-up call to what “fractional reserve banking”

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Maybe We DO Talk About Bruno?

Recent NLRB Decision Significantly Limits Employers’ Use of Confidentiality and Non-Disparagement Clauses in Severance Agreements   The National Labor Relations Board (NLRB) issued an important decision this week that dramatically curtails employers’ abilities to lawfully include confidentiality and non-disparagement clauses in severance agreements. Under this decision, the presence of such clauses in severance agreements can

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