Slack, Social Media and Self-Deleting Texts: Developments in Employment Law
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With the explosion of new technology and forms of communication, the modern workplace has become a hotbed of potential evidence that proves essential in labor and employment disputes and investigations. Landlines and water coolers have long been replaced by Slack and Google Hangouts -- and the resulting landscape is one that can vex employers and attorneys who are not up to speed.
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For this assignment, you are given an opportunity to explore and apply a decision making framework to analyze an IT-related ethical issue.
A framework provides a methodical and systematic approach for decision making
.
Module 2 - Methods of Ethical Analysis (see LEO Content – Readings in Week 2)
describes three structured frameworks for ethical analysis, namely
Reynolds Seven-Step Approach, Kidder’s Nine Steps, and Spinello’s Seven-Step Process
.
There are several ways described in Module 2 to systematically approach an ethical dilemma
. Each of the frameworks described has its merits, and each will result in an ethical decision if straightforwardly and honestly applied.
In addition, you will want to consider the ethical theories described in
Module 1 – Introduction to Theoretical Ethical Frameworks (see LEO Content – Readings in Week 1)
which help decision makers find the right balance concerning the acceptability of and justification for their actions.
For this paper,
all of the following elements
must be addressed:
Describe
a current IT-related ethical issue:
Since this is a paper exercise, not a real-time situation,
it is best if you construct a brief scenario
where this issue comes into play, and thus causes an ethical dilemma. The dilemma may affect you, your family, your job, or your company; or it may be a matter of public policy or law that affects the general populace.
See the list below for a list of suggested issues, which may be a source of an ethical dilemma
.
It is not necessary to incorporate answers to the companion questions of the list subjects in your paper
– they are only there to define the issue.
Define
a concise and
separate
problem statement
that has been
extracted
from the above description or scenario. It is best
if you define the specific problem caused by the dilemma, that needs a specific ethical decision to be made, that will solve the dilemma
. Be aware that if it is a matter of public policy or law that it may require a regulatory body or congressional approval to take action to implement a solution.
Analyze
your problem using one of the structured decision-making frameworks chosen from Module 2.
Make sure that you identify the decision-making framework utilized. In addition, the steps in the decision-making framework selected must be used as major headings in your analysis, then,
Consider and state the impact of the decision that you made
on an individual, an organization, stakeholders, customers suppliers, and the environment, as applicable, and
State and discuss the applicable ethical theory
from Module 1
that supports your decision.
Concerning your paper:
Prepare a minimum 3- 5 page, double-spaced paper and submit it to the LEO Assignments Module as an attached Microsoft Word file.
Provide appropriate American Psychological Association (APA) reference citations for all sources you use
. In addition to critical thinking and analysis skills, your paper shoul ...
25law43665_ch02_025-046.indd 25 111618 1108 AMC H .docx
25
law43665_ch02_025-046.indd 25 11/16/18 11:08 AM
C H A P T E R T W O
Managing Public
Issues and Stakeholder
Relationships
Businesses today operate in an ever-changing external environment, where effective management
requires anticipating emerging public issues and engaging positively with a wide range of stake-
holders. Whether the issue is growing concerns about climate change, health care, safety at work
or in our schools, social equality, or consumer safety, managers must respond to the opportunities
and risks it presents. To do so effectively often requires building relationships across organizational
boundaries, learning from external stakeholders, and altering practices in response. Effective man-
agement of public issues and stakeholder relationships builds value for the firm.
This Chapter Focuses on These Key Learning Objectives:
LO 2-1 Identifying public issues and analyzing gaps between corporate performance and stakeholder
expectations.
LO 2-2 Applying available tools or techniques to scan an organization’s multiple environments and assess-
ing stakeholder materiality.
LO 2-3 Describing the steps in the issue management process and determining how to make the process
most effective.
LO 2-4 Identifying the managerial skills required to respond to emerging issues effectively.
LO 2-5 Understanding the various stages through which businesses can engage with stakeholders, what
drives this engagement, and the role social media can play.
LO 2-6 Recognizing the value of creating stakeholder dialogue and networks.
Final PDF to printer
26 Part One Business in Society
law43665_ch02_025-046.indd 26 11/16/18 11:08 AM
A 2016 study from the Public Affairs Council found that many major corporations are
feeling increased pressure to speak out on social issues, ranging from discrimination and
human rights to environmental sustainability and quality education. Among companies
with more than $15 billion in annual revenue, more than three in four said expectations for
engagement had risen. Most of the pressure to engage in social issues, said the companies,
has come from their own employees.1
Legislative battles in North Carolina, Tennessee, Mississippi, and Georgia prompted
business leaders to take a stand favoring rights for transgender individuals. Dow Chemical,
Alcoa, and Northrup Grumman lobbied elected officials and publicly condemned measures
seen as discriminatory. Monsanto lead the fight in Missouri against a bill that would allow
businesses to deny certain services to same-sex couples as a matter of religious freedom. In
response to North Carolina’s state legislature passing a law that blocked antidiscriminatory
protections at the local level, Deutsche Bank, the German financial institution with signifi-
cant business in the United States, said it would freeze its plans to add jobs in North Caro-
lina. PayPal announced it would halt its plans to open a new global operations center there.
While .
Data Privacy Compliance
All levels of society rely upon information technology systems. Network operations are pervasive and impact nearly every aspect of our society. The desire of companies to collect, use, store, and secure information about customers, employees, and other individuals is a requirement of the new economy. It is no wonder that the prevalence of electronic communications and a growing dependency on cyber structures and operations also create potential vulnerabilities to cyberattacks. It is critical to preserve information systems and address and prevent weaknesses in cyber protection efforts. This webinar examines the means for companies to reach data goals ethically, efficiently and legally. The panel will also discuss the evolving regulatory approaches of the European Union, United States Federal government and significant developments in U.S. state regimes, including California. Best practices and model comprehensive privacy and cybersecurity policies are discussed. And, data breach response and related litigation, including class action litigation issues and fiduciary duty violations under corporate law, are discussed.
Part of the webinar series: CORPORATE & REGULATORY COMPLIANCE BOOTCAMP 2022 - PART I
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3. Can they be liable for the breach? Laws allow for potential liability, though the extent depends on factors like an organization's security measures and response to the breach. Overall liability in this area is still developing.
For this assignment, you are given an opportunity to explore and.docx
For this assignment, you are given an opportunity to explore and apply a decision making framework to analyze an IT-related ethical issue.
A framework provides a methodical and systematic approach for decision making
.
Module 2 - Methods of Ethical Analysis (see LEO Content – Readings in Week 2)
describes three structured frameworks for ethical analysis, namely
Reynolds Seven-Step Approach, Kidder’s Nine Steps, and Spinello’s Seven-Step Process
.
There are several ways described in Module 2 to systematically approach an ethical dilemma
. Each of the frameworks described has its merits, and each will result in an ethical decision if straightforwardly and honestly applied.
In addition, you will want to consider the ethical theories described in
Module 1 – Introduction to Theoretical Ethical Frameworks (see LEO Content – Readings in Week 1)
which help decision makers find the right balance concerning the acceptability of and justification for their actions.
For this paper,
all of the following elements
must be addressed:
Describe
a current IT-related ethical issue:
Since this is a paper exercise, not a real-time situation,
it is best if you construct a brief scenario
where this issue comes into play, and thus causes an ethical dilemma. The dilemma may affect you, your family, your job, or your company; or it may be a matter of public policy or law that affects the general populace.
See the list below for a list of suggested issues, which may be a source of an ethical dilemma
.
It is not necessary to incorporate answers to the companion questions of the list subjects in your paper
– they are only there to define the issue.
Define
a concise and
separate
problem statement
that has been
extracted
from the above description or scenario. It is best
if you define the specific problem caused by the dilemma, that needs a specific ethical decision to be made, that will solve the dilemma
. Be aware that if it is a matter of public policy or law that it may require a regulatory body or congressional approval to take action to implement a solution.
Analyze
your problem using one of the structured decision-making frameworks chosen from Module 2.
Make sure that you identify the decision-making framework utilized. In addition, the steps in the decision-making framework selected must be used as major headings in your analysis, then,
Consider and state the impact of the decision that you made
on an individual, an organization, stakeholders, customers suppliers, and the environment, as applicable, and
State and discuss the applicable ethical theory
from Module 1
that supports your decision.
Concerning your paper:
Prepare a minimum 3- 5 page, double-spaced paper and submit it to the LEO Assignments Module as an attached Microsoft Word file.
Provide appropriate American Psychological Association (APA) reference citations for all sources you use
. In addition to critical thinking and analysis skills, your paper shoul ...
25law43665_ch02_025-046.indd 25 111618 1108 AMC H .docx
25
law43665_ch02_025-046.indd 25 11/16/18 11:08 AM
C H A P T E R T W O
Managing Public
Issues and Stakeholder
Relationships
Businesses today operate in an ever-changing external environment, where effective management
requires anticipating emerging public issues and engaging positively with a wide range of stake-
holders. Whether the issue is growing concerns about climate change, health care, safety at work
or in our schools, social equality, or consumer safety, managers must respond to the opportunities
and risks it presents. To do so effectively often requires building relationships across organizational
boundaries, learning from external stakeholders, and altering practices in response. Effective man-
agement of public issues and stakeholder relationships builds value for the firm.
This Chapter Focuses on These Key Learning Objectives:
LO 2-1 Identifying public issues and analyzing gaps between corporate performance and stakeholder
expectations.
LO 2-2 Applying available tools or techniques to scan an organization’s multiple environments and assess-
ing stakeholder materiality.
LO 2-3 Describing the steps in the issue management process and determining how to make the process
most effective.
LO 2-4 Identifying the managerial skills required to respond to emerging issues effectively.
LO 2-5 Understanding the various stages through which businesses can engage with stakeholders, what
drives this engagement, and the role social media can play.
LO 2-6 Recognizing the value of creating stakeholder dialogue and networks.
Final PDF to printer
26 Part One Business in Society
law43665_ch02_025-046.indd 26 11/16/18 11:08 AM
A 2016 study from the Public Affairs Council found that many major corporations are
feeling increased pressure to speak out on social issues, ranging from discrimination and
human rights to environmental sustainability and quality education. Among companies
with more than $15 billion in annual revenue, more than three in four said expectations for
engagement had risen. Most of the pressure to engage in social issues, said the companies,
has come from their own employees.1
Legislative battles in North Carolina, Tennessee, Mississippi, and Georgia prompted
business leaders to take a stand favoring rights for transgender individuals. Dow Chemical,
Alcoa, and Northrup Grumman lobbied elected officials and publicly condemned measures
seen as discriminatory. Monsanto lead the fight in Missouri against a bill that would allow
businesses to deny certain services to same-sex couples as a matter of religious freedom. In
response to North Carolina’s state legislature passing a law that blocked antidiscriminatory
protections at the local level, Deutsche Bank, the German financial institution with signifi-
cant business in the United States, said it would freeze its plans to add jobs in North Caro-
lina. PayPal announced it would halt its plans to open a new global operations center there.
While .
Data Privacy Compliance
All levels of society rely upon information technology systems. Network operations are pervasive and impact nearly every aspect of our society. The desire of companies to collect, use, store, and secure information about customers, employees, and other individuals is a requirement of the new economy. It is no wonder that the prevalence of electronic communications and a growing dependency on cyber structures and operations also create potential vulnerabilities to cyberattacks. It is critical to preserve information systems and address and prevent weaknesses in cyber protection efforts. This webinar examines the means for companies to reach data goals ethically, efficiently and legally. The panel will also discuss the evolving regulatory approaches of the European Union, United States Federal government and significant developments in U.S. state regimes, including California. Best practices and model comprehensive privacy and cybersecurity policies are discussed. And, data breach response and related litigation, including class action litigation issues and fiduciary duty violations under corporate law, are discussed.
Part of the webinar series: CORPORATE & REGULATORY COMPLIANCE BOOTCAMP 2022 - PART I
See more at https://www.financialpoise.com/webinars/
Actiance whitepaper-social-media-legal-issues-canada
This document discusses several key legal issues related to social media use in Canada. It covers privacy concerns, content ownership, intellectual property infringement, employment law issues, and criminal liability. Regarding privacy, employees generally do not have an expectation of privacy over work devices or accounts but consent is required for social media checks. Employers typically own work-related social media content and contacts. Intellectual property laws apply to social media to prevent copyright and trademark infringement. Employment laws govern issues like harassment, discrimination, and unfair competition related to social media use.
Regulating code
Regulating Code discusses regulating the internet through code and technology. It analyzes 5 case studies on data protection, copyright, filtering, social networks, and network neutrality. The book argues for an interoperability framework that enhances competition and protects fundamental rights like privacy and free expression. It suggests mandating interoperability and choice through open standards to address issues like dominant social platforms locking users into proprietary systems. Overall, the document advocates for a balanced approach to internet governance that considers both economic and human rights concerns.
Week Five Learning Outcomes This week students will1. Analy.docx
This week's learning outcomes focused on analyzing collective bargaining processes and contract negotiations as well as evaluating hazardous workplace conditions and compliance issues. Students were assigned readings on labor relations, collective bargaining, and workplace safety and health. They were to participate in online discussions about contract negotiations and a new safety program. Additionally, students had to write a 3-5 page paper summarizing findings from articles on stress and burnout in the workplace. The instructor provided guidance on labor relations, collective bargaining, workplace safety, and warning signs of troubled employees.
Social Media Law: It is Real, and, Yes, It Really Can Impact Your Business - ...
This legally focused MENGinar will educate you on the risks of using Social Media along with other digital businesses. It will provide ways to help highlight:
What is social media law?
What are the more common legal issues related to businesses using social media?
How social media law can impact businesses?
What can be done to minimize the risks of those potential legal problems related to using social media?
Do the potential issues raised by using social media mean that it is better for my company to not use social media?
Shawn Tuma is a partner at the law firm BrittonTuma, a full service boutique business law firm that helps clients with all civil matters, including a full range of transaction, litigation, technology, and general counseling services. Shawn’s own broad based experience centers on business, technology, civil litigation, intellectual property litigation, and a unique expertise with cutting-edge legal issues such as computer fraud, information security, and cyber and information law.
Shawn is a frequent speaker on digital business risk issues such as computer fraud, data security, and social media law.
5 Things To Do Before You Start a New Job
“Covenants to not compete” with former employers (“noncompetes”) are increasingly required from a wide range of employees, including camp counselors, hairstylists and sandwich-makers. At least half of high-technology employees are required to sign them.
Noncompetes have long been a part of the contract law of most states. Only a few states, like California, do not enforce them.
Noncompetes are increasingly criticized, however, as suppressing industry growth and employee mobility and prosperity. Congress has demanded that the Federal Trade Commission evaluate the fairness of noncompetes. Massachusetts, Virginia and Minnesota have considered bans on noncompetes, with the support of entrepreneurs and venture capitalists, as well as former employees bound by these agreements.
Pro-competition public policies limit the enforcement of noncompetes. Employees thinking of starting a new job or business should consider these limitations as they prepare for their new (self) employment. They should ask themselves these questions:
What should I do about my existing employer's noncompete agreement, if I am considering leaving to join another employer or to start a new company?
What should I ask a prospective employer about noncompetes before I agree to a new job, or begin work?
What are the public policy limitations on noncompete agreements if they cannot be avoided in current or prospective employment?
What are the terms of a noncompete agreement that might be open to negotiation, and what should I ask for?
If I am prevented from doing the kind of work I want to do because of a noncompete agreement with a former employer, do I have any options?
(Webinar slides) Your client posted What!!? Top Social Media Concerns for Law...
(Webinar slides) Your client posted What!!? Top Social Media Concerns for Law...MyCase Legal Case and Practice Management Software
Clients are using social media to tell their stories, market their company and even find jobs. Smart attorneys use social media information to win cases and help organizations grow and prosper. Scott Malouf, social media attorney will discuss how to use social media in your cases and the top legal issues clients face when they get social. Beyond the water cooler
This document discusses managing social media in the workplace. It notes that most companies now have social media policies and around a third take disciplinary action when policies are violated. The challenges of restricting social media use, addressing personal devices at work, protecting contacts when employees leave, and determining when it's acceptable to fire someone for their social media activity are discussed. The legal implications of using social media in hiring decisions and accessing employee passwords are also covered. Best practices for drafting social media policies that don't restrict lawful employee communications are suggested.
Madison - TAU IP and Institutions - May 2018
1. The course introduces key concepts in understanding intellectual property law in institutional context, examining how IP law and institutions solve coordination problems among groups.
2. Readings analyze cattle ranching in California, industrial R&D, patent pools, peer production in open source software, and the role of social norms in stand-up comedy.
3. The course explores how formal and informal institutions interact with and rely on IP law to solve social problems, considering economic, sociological, and commons-based perspectives.
The Challenge of Benefit-Cost Analysis As Applied to Online Safety & Digital ...
The document discusses the challenges of applying benefit-cost analysis (BCA) to regulations regarding online safety and privacy. It notes that defining harm is difficult, as many privacy and safety issues involve intangible or subjective harms that are hard to quantify. It also outlines the costs that must be considered in BCA, such as lost opportunities from new services or restrictions on data collection. The document argues that alternatives to regulation, such as education, empowering users with privacy-enhancing tools, and targeted enforcement, should be seriously considered in BCA before preemptive regulation is pursued.
Social media in the workplace
Like it or not, social media has become the norm. Social Media sites such as Facebook, Twitter and LinkedIn, as well as other informationsharing sites and blogs have forever changed the way people communicate. Employers need to recognize that their employee's personal use of these social networking websites - whether or not the employer permits personal use of these websites at work - is rife with these potential employment issues and other legal exposures, such as potential claims or employee harassment, unfair labor practices and unauthorized disclosure of statutorily-protected information about the company, its customers and employees. This session will address how employers can avoid exposure arising from such risks and how employers need to protect themselves.
Stuart R. Buttrick, partner, Faegre Baker Daniels LLP
Joel Patrick Schroeder, associate, Faegre Baker Daniels LLP
Whistleblowers
Douglas Durand was the vice president of sales at TAP Pharmaceuticals who blew the whistle on the company for conspiring with doctors to overcharge Medicare. As a whistleblower, Durand faced threats but had 500 boxes of evidence that the company was illegally overcharging the government program. While whistleblowing keeps companies honest, it can also be a means of extortion and negatively impact a whistleblower's future career prospects. The Whistleblowers Protection Act of 2014 aims to protect whistleblowers in India from retaliation for exposing wrongdoing.
Role of Antitrust in Standard Setting
The document summarizes debates around the role of antitrust law in standard setting organizations (SSOs) between the Department of Justice (DOJ) and Federal Trade Commission (FTC). It discusses differences in how the two agencies apply Section 2 of the Sherman Act versus Section 5 of the FTC Act to cases involving patents and standards. It also analyzes recent FTC cases against Rambus and N-Data regarding disclosure of patents during SSO processes.
Similar to Slack, Social Media and Self-Deleting Texts: Developments in Employment Law (20)
In-house counsel Masterclass: Navigating the Social Network
In-house counsel Masterclass: Navigating the Social Network
Exploring new mobile and cloud platforms without a governance .docx
Exploring new mobile and cloud platforms without a governance .docx
Data Privacy Compliance (Series: Corporate & Regulatory Compliance Boot Camp)
Data Privacy Compliance (Series: Corporate & Regulatory Compliance Boot Camp)
For this assignment, you are given an opportunity to explore and.docx
For this assignment, you are given an opportunity to explore and.docx
25law43665_ch02_025-046.indd 25 111618 1108 AMC H .docx
25law43665_ch02_025-046.indd 25 111618 1108 AMC H .docx
Actiance whitepaper-social-media-legal-issues-canada
Actiance whitepaper-social-media-legal-issues-canada
Week Five Learning Outcomes This week students will1. Analy.docx
Week Five Learning Outcomes This week students will1. Analy.docx
Social Media Law: It is Real, and, Yes, It Really Can Impact Your Business - ...
Social Media Law: It is Real, and, Yes, It Really Can Impact Your Business - ...
(Webinar slides) Your client posted What!!? Top Social Media Concerns for Law...
(Webinar slides) Your client posted What!!? Top Social Media Concerns for Law...
The Challenge of Benefit-Cost Analysis As Applied to Online Safety & Digital ...
The Challenge of Benefit-Cost Analysis As Applied to Online Safety & Digital ...
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本公司拥有海外各大学样板无数，能完美还原。
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【主营项目】
一.毕业证【q微741003700】成绩单、使馆认证、教育部认证、雅思托福成绩单、学生卡等！
二.真实使馆公证(即留学回国人员证明,不成功不收费)
三.真实教育部学历学位认证（教育部存档！教育部留服网站永久可查）
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如果您处于以下几种情况：
◇在校期间，因各种原因未能顺利毕业……拿不到官方毕业证【q/微741003700】
◇面对父母的压力，希望尽快拿到；
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◇回国时间很长，忘记办理；
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◇申请留学生创业基金
留信网认证的作用:
1:该专业认证可证明留学生真实身份
2:同时对留学生所学专业登记给予评定
3:国家专业人才认证中心颁发入库证书
4:这个认证书并且可以归档倒地方
5:凡事获得留信网入网的信息将会逐步更新到个人身份内，将在公安局网内查询个人身份证信息后，同步读取人才网入库信息
6:个人职称评审加20分
7:个人信誉贷款加10分
8:在国家人才网主办的国家网络招聘大会中纳入资料，供国家高端企业选择人才
From Promise to Practice. Implementing AI in Legal Environments
Pim Betist's presentation about generative AI in the legal sector at Lexpo.com '24
Sangyun Lee, 'Why Korea's Merger Control Occasionally Fails: A Public Choice ...
Presentation slides for a session held on June 4, 2024, at Kyoto University. This presentation is based on the presenter’s recent paper, coauthored with Hwang Lee, Professor, Korea University, with the same title, published in the Journal of Business Administration & Law, Volume 34, No. 2 (April 2024). The paper, written in Korean, is available at <https://shorturl.at/GCWcI>.
Guide on the use of Artificial Intelligence-based tools by lawyers and law fi...
This guide aims to provide information on how lawyers will be able to use the opportunities provided by AI tools and how such tools could help the business processes of small firms. Its objective is to provide lawyers with some background to understand what they can and cannot realistically expect from these products. This guide aims to give a reference point for small law practices in the EU
against which they can evaluate those classes of AI applications that are probably the most relevant for them.
It's the Law: Recent Court and Administrative Decisions of Interest
2024 Idaho Water Users Association, Sun Valley, Idaho - June 11, 2024. Presented by Payton Hampton and Garrett Kitamura
V.-SENTHIL-BALAJI-SLP-C-8939-8940-2023-SC-Judgment-07-August-2023.pdf
सुप्रीम कोर्ट ने यह भी माना था कि मजिस्ट्रेट का यह कर्तव्य है कि वह सुनिश्चित करे कि अधिकारी पीएमएलए के तहत निर्धारित प्रक्रिया के साथ-साथ संवैधानिक सुरक्षा उपायों का भी उचित रूप से पालन करें।
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◇面对父母的压力，希望尽快拿到；
◇不清楚认证流程以及材料该如何准备；
◇回国时间很长，忘记办理；
◇回国马上就要找工作，办给用人单位看；
◇企事业单位必须要求办理的
◇需要报考公务员、购买免税车、落转户口
◇申请留学生创业基金
留信网认证的作用:
1:该专业认证可证明留学生真实身份
2:同时对留学生所学专业登记给予评定
3:国家专业人才认证中心颁发入库证书
4:这个认证书并且可以归档倒地方
5:凡事获得留信网入网的信息将会逐步更新到个人身份内，将在公安局网内查询个人身份证信息后，同步读取人才网入库信息
6:个人职称评审加20分
7:个人信誉贷款加10分
8:在国家人才网主办的国家网络招聘大会中纳入资料，供国家高端企业选择人才
Integrating Advocacy and Legal Tactics to Tackle Online Consumer Complaints
Our company bridges the gap between registered users and experienced advocates, offering a user-friendly online platform for seamless interaction. This platform empowers users to voice their grievances, particularly regarding online consumer issues. We streamline support by utilizing our team of expert advocates to provide consultancy services and initiate appropriate legal actions.
Our Online Consumer Legal Forum offers comprehensive guidance to individuals and businesses facing consumer complaints. With a dedicated team, round-the-clock support, and efficient complaint management, we are the preferred solution for addressing consumer grievances.
Our intuitive online interface allows individuals to register complaints, seek legal advice, and pursue justice conveniently. Users can submit complaints via mobile devices and send legal notices to companies directly through our portal.
Genocide in International Criminal Law.pptx
Excited to share insights from my recent presentation on genocide! 💡 In light of ongoing debates, it's crucial to delve into the nuances of this grave crime.
Lifting the Corporate Veil. Power Point Presentation
"Lifting the Corporate Veil" is a legal concept that refers to the judicial act of disregarding the separate legal personality of a corporation or limited liability company (LLC). Normally, a corporation is considered a legal entity separate from its shareholders or members, meaning that the personal assets of shareholders or members are protected from the liabilities of the corporation. However, there are certain situations where courts may decide to "pierce" or "lift" the corporate veil, holding shareholders or members personally liable for the debts or actions of the corporation.
Here are some common scenarios in which courts might lift the corporate veil:
Fraud or Illegality: If shareholders or members use the corporate structure to perpetrate fraud, evade legal obligations, or engage in illegal activities, courts may disregard the corporate entity and hold those individuals personally liable.
Undercapitalization: If a corporation is formed with insufficient capital to conduct its intended business and meet its foreseeable liabilities, and this lack of capitalization results in harm to creditors or other parties, courts may lift the corporate veil to hold shareholders or members liable.
Failure to Observe Corporate Formalities: Corporations and LLCs are required to observe certain formalities, such as holding regular meetings, maintaining separate financial records, and avoiding commingling of personal and corporate assets. If these formalities are not observed and the corporate structure is used as a mere façade, courts may disregard the corporate entity.
Alter Ego: If there is such a unity of interest and ownership between the corporation and its shareholders or members that the separate personalities of the corporation and the individuals no longer exist, courts may treat the corporation as the alter ego of its owners and hold them personally liable.
Group Enterprises: In some cases, where multiple corporations are closely related or form part of a single economic unit, courts may pierce the corporate veil to achieve equity, particularly if one corporation's actions harm creditors or other stakeholders and the corporate structure is being used to shield culpable parties from liability.
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Slack, Social Media and Self-Deleting Texts: Developments in Employment Law
- 1. Major Developments in Labor & Employment Law Thursday, Jan. 18, 2018 Slack, Social Media and Self-Deleting Texts
- 2. 2 Eric Meyer Partner Dilworth Paxson LLP Vilma Martinez VP & General Counsel Avante Group Kristin Ahr Of Counsel Broad & Cassel LLP Panelists
- 3. Agenda Major policy developments Implications of technology proliferation in the workplace Practical considerations and takeaways Audience Q&A and Conclusion The Rise of #MeToo
- 4. ~ Ballard Spahr blog, Dec 22. Major policy developments “The winds of change are blowing at the NLRB.”
- 5. 5 “Reasonably construed” standard "Facially neutral” standard** Workplace rule is unlawful if employee “reasonably construes” it to be in violation of protected activities Employer’s legitimate justifications associated with rule will be considered in instances where rule is neutrally written. **See Dec. 14 “Boeing” decision Then Now
- 6. 6 Then Now Handbooks found to be in violation “Alternative analysis” should apply** Policies requiring confidentiality in investigations, barring employee cameras and recordings, and protecting profanity and disparagement of company in certain instances. NLRB GC Memo 18-02 says board should follow existing law, but provide “alternative analysis” on important issues. **See Memorandum GC 18-02: Mandatory Submissions to Advice Employees are allowed to use company email systems on non-work time to engage in protected activities “Purple Communications” decision
- 7. 7 And what changes are coming to the EEOC? Continued stay on pay gap initiative? Less focus on systemic-focused litigation? Reduction in workplace oversight?
- 8. ~Evan Blair, CBO, ZeroFox, speaking to Business Insurance Magazine Technology proliferation in the workplace “It’s an epidemic where we like to overshare.”
- 9. 6 million + users; fastest growing workplace app in history Telegram: instant-messaging Slack: enterprise messaging app More than 15+ billion messages sent daily WhatsApp: mobile text and voice messaging 1 billion+ active users The end of email, the rise of…
- 10. “Nothing is a slam dunk anymore”
- 11. Ephemeral Messaging Apps (EMAs) “Every spoken word isn’t recorded. Why should your texts be?” Cyber Dust slogan For more guidance, see forthcoming opinion in Waymo LLC v. Uber Technologies, Inc. et al, 17-cv-00939-WHA Limiting paper trail (compliance) vs. preservation duties (risk)
- 12. 12 Encourages more (and more informal) communication (Evidentiary) Record kept of “off-the-cuff” comments Ephemeral communications are hard to preserve Considerations
- 13. ~Anxious in Atlanta, “Dear Littler” Blog , Nov. 6 The Rise of #MeToo “Dear Littler: Is an Employee's #MeToo Social Media Post a Harassment Complaint?”
- 14. 1.7 million tweets in 85 countries in first 24 hours #MeToo 12 million comments, posts, reactions in first 24 hours
- 15. #MeToo Policy Considerations* Workplace harassment can happen outside the workplace Sexual harassment isn’t the only form of harassment Do your employees understand the impact of social media on their jobs? *From the Employer Handbook blog, Dec. 6
- 16. Practical considerations and takeaways “Too much information on chat can leave employers in the legal lurch.” ~ Rob Lenihan, Business Insurance Magazine, March 6
- 17. Preempting a dispute Take “buyer beware” approach when it comes to in-house messaging apps Limit personal communications on work devices (and vice versa) to the extent possible Make sure employees understand social media policy
- 18. Preparing for an imminent dispute Assure preservation goes out at first sign litigation is “reasonably anticipated” Consult company data map or IT team when identifying data to be preserved Be sure to thoroughly investigate social media
- 19. Conducting the investigation Be sure your efforts are enough to meet the due diligence required of your insurance carrier Consider bringing in an objective third-party if in-house resources are conflicted Engage technical resources if you lack expertise, tools to handle complex evidentiary issues
- 20. Questions
- 21. Eric Meyer Partner Dilworth Paxson LLP emeyer@dilworthlaw.com Vilma Martinez VP & General Counsel Avante Group Kristin Ahr Of Counsel Broad & Cassel LLP kahr@broadandcassel.com
- 22. Closing The Loop: Logikcull’s legaltech news and trends blog Resources The Employer Handbook: Eric’s award-winning employment law blog Check out a demo of “Instant Discovery” Hi@Logikcull.com