Library Search
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Who Owns Employee Inventions? The Employer Or The Employee? ( December 2004 )
It is dangerous for an employer to assume that it owns an employee’s inventions merely because its employee invented them. Similarly, employees should not assume that they own inventions merely because they invented them at home. Employee-inventors present unique problems for the employer, and the answer to who owns an invention may depend on the type of invention. The rules for ownership of creations protected by a copyright differ from inventions protected by a patent. -
Property Owners' Duties To An Independent Contractor's Employees In Delaware ( May 2004 )
Are property owners responsible for the safety of their independent contractor's employees or the contractor's negligence? If the contractor is truly "independent," the Delaware Superior and Supreme Courts say no. In <i>Roca v. E. I. du Pont de Nemours and Company</i>, the Delaware Supreme Court affirmed the Delaware Superior Court's finding that property owners have no duty to protect an independent contractor's employees from alleged "peculiar risks" encountered during the performance of the contracted work. -
SEC Approves Final NYSE and Nasdaq Corporate Governance Standards ( November 2003 )
On November 4, 2003, the SEC approved final amendments to the NYSE and Nasdaq corporate governance listing standards. The final amendments are nearly unchanged from the proposed amendments summarized in our <i>Public Company Advisories</i> dated October 21, 2003. The principal new requirements for both NYSE and Nasdaq companies include the following items. -
SEC Expected to Approve Final NYSE Corporate Governance Listing Standards ( October 2003 )
Completing a process that began in June 2002, the SEC is expected to approve the New York Stock Exchange’s new corporate governance listing standards. This Advisory discusses the proposed standards as published by the NYSE on October 9, 2003. In most cases, listed companies must comply with the new standards in time for their 2004 annual meeting. -
SEC Expected to Approve Final Nasdaq Corporate Governance Standards ( October 2003 )
On October 9, 2003, The Nasdaq Stock Market, Inc. filed an amendment to its proposed listing standards concerning director independence and other corporate governance matters with the SEC. As a general rule, listed companies will need to be in compliance with the new rules prior to their 2004 annual shareholders meeting. Although widely expected to be in final form at this time, the proposals must be approved by the SEC before becoming final, and the SEC could require further revisions. -
Are Your Independent Contractors Really Employees?Under Some Laws They Will Be Treated As Such ( September 2003 )
Employee versus independent contractor status is not only an issue with respect to classification for IRS purposes, but with respect to classification under other laws as well. -
Montana Legislature Considering Several Bills of Interest to Employers ( March 2003 )
Although no labor or employment legislation has yet been enacted into law, the Montana Legislature is considering several bills of interest to employers. -
Who Is an Employee? Who is an Independent Contractor ( January 2000 )
This article reviews the factors that are taken into account when determining if a worker is considered an employee or an independent contractor. -
Employee or Independent Contractor? The Implications of Microsoft III ( February 2000 )
This article summarizes the implications of the Microsoft III case and how to avoid misclassifying an employee as an independent contractor.