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Protect Yourself from Business Lawsuits

Autor Thomas A. Schweich
en Limba Engleză Paperback – mar 2000
THE ESSENTIAL BOOK EVERY EMPLOYEE NEEDS TO AVOID WORKPLACE LIABILITY
Corporate litigation has spun out of control and can cost up to 10 percent of overall earnings. Changes in the law enabling lawyers to mount business tort claims have caused damages to soar sky-high. In this groundbreaking book, Thomas Schweich, a pioneer in the field of preventive law, turns the tables and offers managers and all employees who act as agents a manual for avoiding the mistakes that could land them in court.
In comprehensible layman's terms, Schweich shows employees from companies of all kinds and sizes how to avoid lawsuits by analyzing the Eight Big Mistakes that can lead to litigation, with examples culled from his experiences at Bryan Cave, LLP, leaders in preventive law.
This book will benefit all employees -- from the CEO of a major corporation to the average deal-making employee. An invaluable tool for avoiding workplace liability, "Protect Yourself from Business Lawsuits" is a must-read for every businessperson.
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Specificații

ISBN-13: 9780684856551
ISBN-10: 0684856557
Pagini: 224
Ilustrații: 1
Dimensiuni: 214 x 146 x 14 mm
Greutate: 0.29 kg
Editura: Scribner
Locul publicării:United States

Descriere

This practical guide explains how everyone in any business--from CEOs to entry-level employees--can guard against making errors of judgment and avoid actions leading to serious legal problems and costly lawsuits.

Notă biografică

Thomas A. Schweich is a partner in the St. Louis office of Bryan Cave, LLP. His practice focuses on the negotiation, mediation, arbitration, and litigation of commercial and government disputes. He also conducts training seminars for corporate clients and trade groups on how to avoid lawsuits. A graduate of Yale and Harvard Law School, he lives in St. Louis with his wife and two children. For more information on preventive law, visit his Web site, www.tomschweich.com.

Cuprins


CONTENTS

Introduction: The Art of Suitproofing

PART ONE

A System Out of Control


The Old Assumptions About the Law: Justice, Limits, Funds, and Lawyers as Friends

The Decline of Justice

Lawsuits Unlimited

Spiraling Legal Costs

Your Lawyer, Your Friend

The Lesson of Legal History

PART TWO

The Eight Big Mistakes

Mistake Number 1: Bad Writing


To Write or Not to Write

False Security

Internal vs. External Documents

Company Private Documents

Specific Types of Dangerous Documents

E-Mail

Meeting Minutes

Notes and Diaries

Corporate Policies

Letters

Marketing Information

The Cybertransaction

Document Retention

Keep It Legal

Cleaning Your Files

The Bright and Not-So-Bright Lines

Mistake Number 2: Bad Estimating

The Impossible Dream

Cost and Schedule Risks

Risk Assessments

Bad Learning Curves

The Management Challenge

Buying In

The Inestimable Value of Life

Mistake Number 3: Speculation

Probability Speculation

Capability Speculation

Liability Speculation

Mistake Number 4: Bad Research

The Enemy Within

The Enemy Without

Public vs. Private Information

The Parochial School

Mistake Number 5: Ignoring Problems

Identifying Problems

Employee Training

Internal Controls

Monitoring Third Parties

Acknowledging and Resolving Problems

Employee Problems

Critical Path Analysis

Conspiracy Theory

Mistake Number 6: Getting Personal

Corporation: Person or Machine?

The Hostile Environment

Prejudice

Business Ethics

The Market-Effect Resolution

The Fictional Demon

Changing Standards

Tortious Evidence

The Savior

Mistake Number 7: Side Deals

The "Four Corners" Doctrine

A Tear in the Paper

"Clear" Ambiguity

Where There's a Will There's a Waiver

Interference and Total Cost Claims

Implied Side Deals

Holes in the Paper

TBDs

Vague Standards

Conflicting Terms

Mistake Number 8: Misusing Your Power

Power over Individuals

Power over the Product

Power over Services

Power over the Transaction

Power over Information

Power over the Premises

Power over Other Companies

Power over Competition

Three New Duties: The Boatbuilders Example

Nipping the Problem in the Bud

Recapping the Eight Big Mistakes

PART THREE

The Four Shields

Shield Number 1: The Shield of Privilege


Misconceptions About the Attorney-Client Privilege

The Privilege Is Expensive

The Privilege Only Helps You When You Are Already in Trouble

If I Bring in Lawyers, They'll Take over the Place

The Privilege as an Eraser of Mistakes

Affirmative Privilege Programs

Compliance Programs

The 1-Percent Risk Audit

The Internal Corporate Investigation

Shield Number 2: The Shield of Definition

Defining Relationships

Labels, Flowers, and Boilerplate

Just Say It!

Defining Value

Shield Number 3: The Shield of Process

The Race to the Courthouse

The Neutral Forum-Selection Clause

Notice and Tolling Agreements

Fees, Please

The Alternative to Alternative Dispute Resolution

Arbitration

Mediation

New Alternatives

Senior Executive Presentations

Early Neutral Evaluation

Shield Number 4: The Shield of Relationships

The Stick: No New Business

Cross-Contract Clauses

Requests for Assurances Under the Uniform Commercial Code

Corporate Family Relationships

The Carrot: Business Without Lawsuits

Notes and Works Consulted

Glossary

Index