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Paul Zimmerman

Showing 7 posts from July 2014.

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Managing the Millennial Hospitality Employee

Generation Y, commonly referred to as “millennials,” comprise the roughly 80 million people who were born between 1976 and 2001. A great deal has been written about this unique generation that has grown up immersed in a world of technology and social media: they are frequently stereotyped as self-involved with a strong sense of entitlement, coddled, and even labeled  “Generation me.” (Read More)

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Unfair Competition: Proactive Preemption Can Save You from Litigation

Today's workplace bears little resemblance to one from 20 years ago. On average, today's typical worker will change employers eight times over the course of his or her career, a threefold increase in only two decades. With each job change, the risk that the new hire will bring confidential information or trade secrets along to the new company grows – thus increasing the risk of lawsuits surrounding unfair competition and misappropriation of trade secrets. View Full Article 

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How to Avoid Ponzi Purgatory: Careful Diligence Helps Banks Stay Away from Schemers

Since the global recession of 2009, the doors on many Ponzi schemes, like the one orchestrated by the infamous Bernie Madoff, have been blown wide open. 

The country’s financial crisis, in conjunction with vast media attention, resulted in the unraveling of a host of these kinds of investment scams.  Ponzi schemes are fraudulent arrangements whereby a new investor’s money is used to pay a promised return to previous investors. 

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Fee-Shifting Bylaws: Coming Soon to a State Near You?

The attorneys fees and related costs incurred defending intra-corporate rate claims of alleged breach of fiduciary duty are often daunting.  Under the prevailing "American Rule," the defending members, officers or directors are generally left to shoulder the cost of their defense. The door for this change, however, may have been opened under the Delaware Supreme Court's recent ruling in ATP Tour Inc. v. Deutscher Tennis Bund, 534, 2014 (Del. May 8, 2014). View Full Article (subscription required)

Darren Barker Discusses the California Supreme Court Ruling on Beacon v. Skidmore

Darren Barker discusses the unanimous California Supreme Court decision to uphold the lower court’s ruling in Beacon v. Skidmore, which holds design professionals liable to third parties in construction negligence cases. He describes how the court arrived at this decision and notes that the ruling can be applied to both residential and commercial construction projects. Additionally, he addresses steps design professionals can take to protect themselves going forward. Read Darren Barker's article "Design Professionals Duty of Care" for more on this subject.

Spencer Hamer Discusses PAGA at NELI's 38th Annual Employment Discrimination Law Update

Spencer Hamer spoke at the National Employment Law Institute’s 38th Annual Employment Discrimination Law Update on July 16, 2014, in San Francisco, on the topic of “Developments in California Employment Law.” In this segment, he explains how the Private Attorney General Act (PAGA) removes hurdles for employees who wish to bring class action lawsuits against their employers.

Robert Berg Discusses Fire Insurance on KFWB News 980 Radio Show, Money 101

M&R attorney Robert Berg spoke with Bob McCormick on the KFWB News 980 radio show, Money 101, about homeowners fire insurance on July 14, 2014. In this segment, he explains why it’s necessary for homeowners to have code upgrade and full replacement coverage. He also stresses the importance of updating insurance policies after the completion of home remodeling projects in order to ensure coverage for the new full value of property in the aftermath of a fire.