Subscribe

RSSAdd blog to your RSS feed

Follow Us

Twitter LinkedIn

Contributing Editors

Disclaimer
© 2017 Zuckerman Spaeder LLP
Photo of Suits by Suits
Jason M. Knott
Email | 202.778.1813

Jason Knott, a partner in Zuckerman Spaeder’s Washington office, represents individuals and companies in civil litigation, white-collar criminal matters, and government investigations. Some of his favorite cases have been “Suits by Suits.”

Showing 170 posts by Jason M. Knott.

Beware the Deadlock: Delaware Courts Step in on Corporate Dysfunction

The board of directors controls a corporation, but individual directors don’t always agree on the future direction of the company. Sometimes, boards can split into factions. A company’s CEO may align himself with one side and oppose the other.

In rarer circumstances, these disagreements can develop into corporate gridlock. This happens when the warring factions on a board are equally divided.

What can a court do to fix this situation? Read More ›

Headed for Overtime? Trump Administration Will Decide Fate of New Time-and-a-Half Rule

If you're an employee and you work more than 40 hours a week, you typically have the right to receive time-and-a-half overtime pay for those extra hours.

But there's a significant exception to this rule: it does not apply to white-collar workers, such as executives. As summarized on the Department of Labor's website, to be considered a white-collar worker and thus exempt from the overtime requirement, you have to be paid a salary and not by the hour; you have to make more than $455 per week; and you have to work in a certain kind of job, such as a managerial or professional role. Read More ›

A Closer Look at the New Lawsuit By Baylor Football Coach Art Briles

It’s been a tough few months for Baylor football and its former coach Art Briles. Baylor fired Briles in May of this year, after an outside law firm investigated the school’s response to alleged sexual assaults by football players and other students.
 
In early December, Briles fought back, filing a lawsuit against four of the University’s regents.
 
The first question that may occur to you is why this lawsuit isn’t against Baylor for wrongful termination. But as Briles’s complaint explains, he already filed that lawsuit; Baylor settled the case quickly on confidential terms. Read More ›

Suits by Suits Named to Blawg 100

Well, we made it!

In the 10th annual Blawg 100, ABA Journal named Suits by Suits among “the 100 most compelling” blogs in the legal market. We’re thrilled to be recognized and listed alongside some great writers, blogs, and firms.

From ABA Journal:

Every year since 2007, we ABA Journal staffers have assembled a list of our 100 favorite legal blogs for the December issue. Here, you can scroll down to peruse our selections from every past year as well as this one. Some blogs listed over the years are still thriving after a decade or more, while others went dark long ago. And of course, many excellent blogs are absent from later lists only because they’ve been retired to our Blawg 100 Hall of Fame….

Suits by Suits

NEW: Lawyer-bloggers from Zuckerman Spaeder cover disputes between companies and their executives—often in the context of criminal investigations into possible corporate wrongdoing. Can a “suit” be fired for taking the Fifth or otherwise not cooperating with an investigation? If your client is accused of misappropriating trade secrets and his or her computer is seized, what recourse is there? If former company directors or officers face legal claims, can they demand the company advance legal fees?

Thanks to our readers for your support. We hope you find Suits by Suits informative and insightful, and we’re looking forward to another year of writing and posting in 2017.

Check out the complete Blawg 100 list.

“Change of Control” Case Isn’t Governed By ERISA, Court Rules

When an employee brings a lawsuit involving a plan adopted by their employer, one question is whether ERISA—the Employee Retirement Income Security Act of 1974—applies.

ERISA is a federal law that requires a number of disclosures and safeguards for employee benefit plans. ERISA governs both employee welfare benefit plans (such as insurance or sickness plans) and pension benefit plans (such as retirement plans).

But it doesn’t apply to every plan adopted by an employer, as the recent decision in Hall v. Lsref4 Lighthouse Corporate Acquisitions, LLC, 6:16-CV-06461 EAW (W.D.N.Y. Nov. 10, 2016), shows. Read More ›

Court Nullifies CFO’s Employment Because of Prior Extortion Conviction

In lawsuits over contracts, parties sometimes assert defenses that contracts are voidable or void. A voidable contract is one as to which the party should have a choice as to whether it is enforceable or not; for example, when a 17-year-old (a legal minor) buys a car, he may have the option to choose whether to abide by the deal. By contrast, a void contract is one that is illegal because it violates the law or public policy. No one—neither hit man nor jilted spouse—can enforce a contract to commit murder.

The doctrine of void contracts arose recently in an employment case in Florida, Griffin v. ARX Holding Corporation. The plaintiff in the case was Nicholas Griffin. Griffin had a blemish on his resume: in 1998, he had pleaded guilty to extortion. Read More ›

Kiss Your Retaliation Suit Hello: Company Faces Trial after Changing Explanation for Firing

When an employee brings a lawsuit alleging that his employer retaliated or discriminated against him, courts typically assess the claim by using a burden-shifting approach. Under this approach, after the employer offers a “legitimate, nondiscriminatory reason” for its actions, the employee has to come forward with evidence showing that the reason was pretextual.

The recent decision in Stephenson v. Potterfield Group LLC serves as an example of how an employee can meet this burden. Read More ›

Federal Whistleblower Statutes Aren’t a Cure-All

When Congress passed the Sarbanes-Oxley and Dodd-Frank Acts, it included protections for employees who blow the whistle on wrongdoing by their employers. However, those whistleblower protections don’t apply to every report of wrongdoing. Rather, they come into play only when an employee reports particular types of misconduct.

For example, in a recent decision (Erhart v. BofI Holding, Inc.), a federal court in California dismissed claims by an internal auditor (Erhart) against his employer (BofI Holding), ruling that Erhart didn’t plausibly allege that he had been engaged in the "protected activity" necessary to qualify for the whistleblower protections of those statutes. Read More ›

A Fifth Amendment Right to Not Talk to Your Employer?

An employee who is accused of participating in corporate wrongdoing can face potentially life-changing choices almost immediately. When a company learns of alleged wrongdoing, it is likely to start an internal investigation into the misconduct. As part of the investigation, attorneys or other investigators will seek to interview those with relevant knowledge, including employees who are allegedly involved in the wrongdoing.

When that happens, the employees face a critical choice: do I stay silent, or do I talk to the investigators? If the employees refuse to talk, they could be fired; if they do talk, the government could use their statements against them in a criminal case. Read More ›

Last Chance to Nominate Suits by Suits for the ABA Blawg 100!

Every year, the ABA Journal selects 100 of the best law blogs. It is currently accepting nominations for the 10th annual version of this list. If you enjoy reading Suits by Suits, we hope that you’ll take a few moments to nominate us.

All you have to do is click on this link and answer a handful of questions (including providing our URL, http://www.suitsbysuits.com/). It’s easy.

Nominations are due no later than 11:59 p.m. CT on Aug. 7, 2016.

We hope you’ll consider nominating Suits by Suits. But regardless, thanks for reading.