An employee who is discharged due to social networking posts may have various state law claims, including a claim for invasion of privacy. Typically, information on a website is not private because the public at large can access it - - unless the user controls access by invitation, such as Facebook. If the employee can restrict access to the public, he or she may have a reasonable expectation of privacy and, therefore, claim an invasion of privacy if the employer discharges that employee based on private online communications. Companies should strive to define the line where business use - - and personal use - - of social networking sites begins and ends so that employees clearly understand what is private and what is not. Create a policy that lets everyone know what is private and what is not. Continue Reading →

Early on shareholders are often ebullient about business prospects and their ability to always reach agreement. Personal or economic stress can dampen that spirit. Areas of contention include unequal compensation, added capital contributions, debt guarantees, vacation days taken, whether a position on the board is guaranteed. Business divorces, like other divorces, can be expensive and acrimonious. Mitigate risks by documenting your agreements in the form of a shareholder control agreement. Continue Reading →