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The law regarding restrictive covenants such as non-competition and non-solicitation provisions is highly complex, state-specific and ever evolving. As a result, employers find it difficult to achieve any level of comfort that such covenants will be uniformly enforceable in each state in which they employ individuals.

The Massachusetts Appeals Court recently provided guidance on whether severance pay is a wage under the state’s wage payment law. In the same decision, <U>Prozinski v. Northeast Real Estate Services</U>, the Court also considered whether an employee’s breach of his fiduciary duty to his employer relieves the employer of its obligations under an employment agreement.

Companies outsource aspects of their business to increase efficiency, minimize costs, and maintain flexibility. While such relationships are appealing and, indeed, essential to many companies, they also present potential traps for the unwary. Under the Fair Labor Standards Act ("FLSA"), a company that satisfies the definition of a joint employer may be held liable for the wage and hour violations of its subcontractors.

Article addresses issues surrounding the use of binding arbitration for intellectual property disputes .

The American Jobs Creation Act of 2004 will fundamentally change the taxation of deferred compensation arrangements.

This article provides an overview of situations in which M&A insurance should be considered and how such insurance works.

A recent decision from the First Circuit Court of Appeals highlights a complex, constantly-evolving area of the Americans with Disabilities Act with which employers constantly struggle: the reasonable accommodation process and the often tense, complicated aftermath.

The Federal Trade Commission has proposed changes to the Hart-Scott-Rodino (HSR) rules that would require regulatory filings for a number of partnership and limited liability company (LLC) transactions.