David C. Tobin
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Category Archives: Business Law

Can an Employer Be Liable for Giving a Bad Reference?

When a prospective employee is asked to furnish references in applying for a job, he or she ideally has a list of former employers who will offer glowing reviews of the applicant’s work ethic and job performance. However, occasionally, a former employer has had a bad experience with that employee. What happens, then, if the… Read More »

Could You Still Owe Money After a Foreclosure?

When you own a property, one of the biggest fears you face is that you will fall behind in payments and lose your home or business to foreclosure. However, in Washington D.C., the threat of foreclosure is rendered even more frightening by the prospect of a deficiency judgment.  The term “deficiency judgment” refers to what… Read More »

When D.C. Employers Use Criminal Records in Hiring

When you have a criminal record, it can be daunting to find a job. You might be surprised to learn that one in four Americans has been arrested. There is a stigma attached to a criminal history that can haunt an individual in his or her job search. Studies show that up to 92 percent… Read More »

Tread Carefully with Director Conflicts

Corporate directors have a fiduciary duty to exercise their directorial powers in the best interests of the corporation rather than in pursuit of their own advantage. However, business deals are rarely a zero sum game. Situations frequently arise where a corporation’s decision to do business with a director in his or her personal capacity —… Read More »

Special Issues When Taking on a Foreign Partner

Business has become increasingly cosmopolitan as the world seems to get smaller and smaller. Even small companies now often transcend national borders and draw both customers and investors from across the globe. Taking on foreign investors can often provide small and medium companies with a whole new world of opportunities and options for growth and… Read More »

Stakeholder Rights During a Freeze Out

Unfortunately, the exuberance and camaraderie that usually comes with the formation of a new business venture does not always last. Relationships between the owners may sour over time or the ownership composition of the company may change entirely. Either situation can ultimately pit owner against owner and even lead to one faction of shareholder attempting… Read More »

Shareholders’ Rights to Corporate Information

Shareholders in large corporations are typically passive investors who have little involvement with the actual management of the company. When it comes to smaller businesses, however, shareholders are much more likely to play an active role. Even shareholders who are not also board members or officers can still exercise considerable influence over a small company…. Read More »

What Employers Should Know About E-Verify

Hiring from the legal immigrant community allows employers access to an expanded pool of talent and can be a great boon to any business. However, it is not without risk. Employers bear the burden of ensuring that anyone they hire is legally authorized to work in the United States and can face significant civil and… Read More »

The Role of Internal Investigations in Corporate Governance

In order to function, corporations must be able to govern and oversee themselves. Unfortunately, when the issue under review is the board of directors’ or other high-ranking managers’ conduct, self-governance can become more challenging. Without taking proper steps to ensure the integrity of such an investigation, it can often appear to be mere lip service… Read More »

Derivative Litigation and Business Judgment

Corporate governance typically allows each shareholder to assert decision-making power proportional to his or her ownership stake in the company. However, under some circumstances a dissatisfied shareholder can cause significant problems for a company through a shareholder derivative suit. This is a process by which one or more shareholders initiate a lawsuit on behalf of… Read More »

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