Posts Tagged ‘Corporate Governance’

Annual Corporate Maintenance

Tuesday, December 8th, 2009

As the end of the year fast approaches, our thoughts turn to holiday cheer and family fun!  However, it is also important to think about a few simple pieces of annual corporate maintenance to protect you and your company.  Two important and often overlooked items include filing the annual registration for your company and holding your annual meetings. (more…)

Whose Email Is It?

Friday, November 20th, 2009

According to a recent article from the Wall Street Journal, some new cases have begun to erode the long-standing view that personal emails sent from a work computer can be monitored by employers.

In the past, most courts have treated corporate computers, and anything on them, as company property. However, in recent rulings, courts have begun to investigate the circumstances around disclosure of policies to employees and other factors. For example:

  • In New Jersey, an appeals court ruled that an employee of a home health-care company had a reasonable expectation that email sent on a personal account wouldn’t be read.
  • In San Francisco, a federal appeals court ruled that employers that contract with an outside business to transmit text messages can’t read them unless the worker agrees.

While it is probably too early to make any sweeping generalizations about this trend, it certainly suggests that employers need to review their policies, practices and training to make sure they do not run afoul of this evolving issue.

Alternative Fees — A Revolution?

Thursday, October 1st, 2009

In a recent article from Law.com, an industry observer stated “[a]lternative fee arrangements are like teenage sex. There’s a lot more people talking about it than doing it—and those that are doing it don’t really know what they’re doing. . . .”  While yes, that is a juicy, headline-attracting quote, I tend to agree with it wholeheartedly.

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Thanks for Attending the Webinar

Friday, September 4th, 2009

Thanks to everyone who attended our webinar last week! There were a lot of good questions asked, and some of the answers to those questions that we didn’t have time to address will soon be posted here. For those of you who missed the webinar or those that need a re-fresher, here are the slides from the presentation.
Social Media: Embracing the Opportunities, Averting the Risks

Join our Webinar on Social Media

Friday, August 14th, 2009

Ethos Business Law, in conjunction with Russell Herder, is excited to offer a webinar: “Social Media: Embracing the Opportunities, Averting the Risks” on Tuesday, August 25 from 12 to 1 p.m. CT (register here).

Social media is one of the hottest topics today, with the pros and cons of its use being debated in board rooms nationwide. In light of recent restrictions on employees’ social media use (ESPN, Marine Corps, NFL), companies are discussing whether, how and to what degree they should restrict or encourage their employees to use social networking tools. This webinar will offer insight into business leaders’ views and perceptions on this issue and will provide actionable recommendations and advice on the development of social media policies and employee training sessions.

Led by Carol Russell, CEO of Russell Herder, and David Baer, president of Ethos Business Law and one of Minnesota Lawyer publication’s Attorneys of the Year, the webinar will also highlight the insights gleaned from the recent national study conducted by the two firms on social media trends in the workplace and policy adoption.

Sign up for this free webinar here.

In advance of the webinar, we invite you to submit questions and suggestions for topics to be covered in the presentation under Comments.

Elements of a Social Media Policy

Wednesday, August 12th, 2009

Should employees be encouraged to use social networking to enhance business outreach? Or will such activity impede productivity, increase reputational risk, and most importantly increase liability issues?  These and other questions are clearly on the minds of today’s management.

Recent research conducted with Russell Herder found eight in 10 businesses have concerns about the potential liabilities of social media. Yet, only one-third have a policy in place to govern social media use, and just 10 percent said they have conducted relevant employee training.

Instead of ignoring the need for responsible guidelines, organizations of all sizes should begin to define their strategy regarding social media, and most importantly, the rules for employee engagement. By doing so, management can take advantage of the benefits offered by these new communication channels while mitigating undue risk.  But remember, social media is a far different animal than traditional technology. A company’s current policies on IT matters are usually not sufficient.

All companies are different, thus the rules for creating and implementing a social media policy are not universal. They must take the form, substance, philosophy and culture of the organization to which they apply. However, the following are some important elements to include in a good social media policy:

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Social Media — What is it and is it Risky?

Thursday, August 6th, 2009

Social media has become a fixture on communication agendas across the country, fueled by the fact that Americans’ spent 73 percent more time on such networking sites in the past year alone. But according to a new survey, social media use is also generating its share of corporate heartburn.

Recent research conducted with Russell Herder confirms that confidence exists in social networking as viable communication outreach, but so do worries about the potential liabilities involved. Concerns regarding social media use were acknowledged by some eight in 10 businesses participating in the national study, which was conducted over the month of July.  Fifty-one percent fear social media could be detrimental to employee productivity, while almost half (49%) assert that using social media could damage company reputation.

Despite these apprehensions, social networking is being viewed as a key strategy. According to survey results, eight in 10 senior management, human resource and marketing executives believe social media can enhance relationships with customers/clients and build brand reputation. Almost 70 percent feel such networking can be valuable in recruitment, as a customer service tool (64%) and used to enhance employee morale (46%). The most popular vehicles being used include:

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Business Succession Planning

Thursday, June 11th, 2009

One of the most important concerns facing business owners today is how to effectively transfer the business to the next generation of family, a key employee or a new owner.  Business succession planning seeks to create a plan to manage all the aspects of the transfer, making sure the transition is smooth and non-disruptive to the business.  In family businesses, one of the most important aspects of business succession planning is making sure communication lines are open and the relationships are appropriately addressed.  Unfortunately, too often succession planning is not addressed early enough or neglected completely resulting in significant complications at the time of the desired transfer.  Succession planning should be considered well before the anticipated exit time so that proper planning and structure can be put into place.  Below are 10 important issues to consider when think about business succession planning. (more…)

Piercing the Corporate Veil

Friday, June 5th, 2009

You have probably heard that observing corporate formalities is very important to protect you from “piercing the corporate veil” but what does that really mean and what should you do as a business owner or manager to ensure corporate formalities are complied with in an appropriate manner? (more…)

Do I Really Need a Board of Directors

Friday, April 17th, 2009

Unfortunately, many private companies don’t pay close attention to the importance of a strong board of directors, including who to put on the board.  Owners often think of this role as perfunctory and/or not necessary.  On the contrary, a strong board of directors can be vitally important to a small, medium or large company and depending on the size of the company, the board can play different roles.

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