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Are You Protected Against Sexual Orientation Discrimination?

By Tobin O’Connor & Ewing |

The United States has a long history of affording protections to groups commonly targeted with harassment and discrimination. Today, state and federal officials are turning their attention to the treatment of people based on their sexual orientation. However, people are still openly discriminated against for being gay, lesbian, bisexual or transsexual ‘ especially in… Read More »

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Should You Have An Arbitration Clause in Your Employment Contract?

By Tobin O’Connor & Ewing |

When you are negotiating an employment agreement, there are many things to consider beyond the basics of the job description and salary. Unfortunately, not every employment situation works out ideally, and it is important to prepare for disputes and contingencies that could arise in the future. One contractual element to consider including is an… Read More »

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What is a Judgment Lien and How Could It Affect Your Property?

By Tobin O’Connor & Ewing |

When it comes to purchasing commercial real estate property, determining who owns the property is not nearly as straightforward as it may seem. Although an individual or a business may be the official owner, there could be liens on the property that complicate the owner’s interests and serve as a threat to ownership. When… Read More »

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Tread Carefully with Director Conflicts

By Tobin O’Connor & Ewing |

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 »

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Special Issues When Taking on a Foreign Partner

By Tobin O’Connor & Ewing |

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… Read More »

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Stakeholder Rights During a Freeze Out

By Tobin O’Connor & Ewing |

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… Read More »

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Shareholders’ Rights to Corporate Information

By Tobin O’Connor & Ewing |

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… Read More »

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The Role of Internal Investigations in Corporate Governance

By Tobin O’Connor & Ewing |

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… Read More »

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Considering a Criminal Record During Hiring

By Tobin O’Connor & Ewing |

The hiring of individuals with criminal records is a sensitive issue. On one hand, many released convicts have a great deal of talent and exuberance to offer and can contribute significantly in a variety of positions. On the other hand, depending on the type of position and the nature of the conviction, hiring a… Read More »

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Derivative Litigation and Business Judgment

By Tobin O’Connor & Ewing |

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… Read More »

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