I have lost track of the number of times in my 27-year career—usually when giving a seminar presentation—that I have been asked the question, “How can I keep from being sued?” My response never varies, “You can’t.”  A person or a company can do the very best that they can—follow all the rules to the best of their abilities—and, yet, still be brought into litigation. Sometimes, despite best efforts, they have made a mistake (and the larger the company, the more individuals there are to make those mistakes).  Sometimes, they simply are wrongly accused. Sometimes, unfortunately, they (or someone in their organization) did not believe the rules applied to them. All that can be done is to lessen the risk of suit by employing best practices. The overriding reason for employing best practices, however, should never be simply to avoid lawsuits, but instead to instill a culture where people work well together to achieve a good result. Reducing the risk of litigation is just one positive byproduct. 

Starting a new business is hard, and finding the funding to get that business off the ground can be one of the hardest parts. Recognizing the challenges faced by financing a business in West Virginia (WV), in 2016, the West Virginia Legislature passed the WV Small Business Capital Act (the “Act”), codified at Chapter 32, Article 5 of the West Virginia Code.  

Did you read the excruciatingly boring 30-page “Report of the General Counsel Concerning Employer Rules” that was issued on March 18, 2015, by NLRB General Counsel Robert F. Griffin, Jr.?  Don’t embarrass yourself by admitting this fact – and don’t cry when you learn that the effort was totally wasted. 

What do Senator Al Franken and President Donald Trump have in common?   As it turns out, quite a bit: Both men were born in New York City, simultaneously belonged to the Democratic party for many years, attended prestigious East Coast universities, and both men have been accused by numerous women of sexual harassment.  Of course, Senator Franken and President Trump are not the only famous men who recently have been accused of sexual harassment (or worse).  Here is a small sampling: U.S. Circuit Court Judge Alex Kozinski, Hollywood mogul Harvey Weinstein, U.S. Representative Trent Franks, radio personality and author Garrison Keillor, NBC host Matt Lauer, Def Jam Records founder Russell Simmons, comedian Louis C.K., actor Kevin Spacey, and former Alabama Chief Justice Roy Moore.

Does it matter if employees like or loathe their employers’ mandatory arbitration agreements? After all, employers have gained the upper hand when it comes to the mandatory arbitration of employment disputes. Both federal and state courts routinely rebuff employee challenges to the enforceability of such agreements.