Non-disclosure agreements are increasingly common in the workplace. Their intent is to prohibit employees from disclosing confidential business details and are sometimes necessary to protect a company’s sensitive information. If you have left a job where you signed an NDA, it is important to be aware of situations where the agreement might not hold up in court. 1. Overly broad language Is the language in the NDA too broad? If it prohibits you from discussing things unrelated to the company’s legitimate interests, it might not be enforceable. 2. Unreasonable duration Consider the duration stipu ..read more

An arrest and subsequent charges of committing a felony crime represent a potentially life-changing future. Those convicted face lengthy prison sentences and other penalties that continue long after incarceration. The complexities of this level of criminal defense are not something to take on without legal help. Protect your rights Specific steps exist to help protect your rights, starting with staying calm and polite and not resisting arrest, which can only add to the alleged crimes, if not make you look guilty. A significant part of the arrest involves law enforcement reading your rights, sp ..read more

The Oxford school mass shooting was horrific.  It was the sort of horrible crime that called out for justice.  And so, Prosecutor Karen McDonald prosecuted Jennifer Crumbley, the mother of the shooter, on a theory of involuntary manslaughter.  McDonald made two arguments to the jury:  that Mrs. Crumbley failed to prevent the killings and she could have done so, and that she was grossly negligent in making the gun and ammunition readily available to her son, Ethan when she knew he was quite disturbed.  We don’t know under which theory the jury convicted her. Crumbley ha ..read more

As workplaces evolve with advancing technology, there is a concerning trend of age discrimination on the rise. This discriminatory practice targets individuals based on their age. Its prevalence occurs across industries. The changing work landscape The emphasis on adaptability and technological proficiency has inadvertently led to age-related biases. Older employees have a wealth of experience. Yet they often find themselves marginalized in favor of younger counterparts perceived as more tech-savvy. Implications for older workers Age discrimination can have profound effects on older workers. F ..read more

The national spotlight will center on Pontiac this week as jury selection is scheduled to begin Tuesday in Oakland County Circuit Court for a trial that experts said could set a precedent for holding parents accountable for their child’s actions. Jennifer and James Crumbley are both charged with four counts of involuntary manslaughter in connection with their son’s killing of four students at Oxford High School in November 2021. The separate trials, each of which is expected to last three weeks, mark the first time in the country’s history a parent has been charged with manslaughter charges in ..read more

The US Department of Education issued regulations under Betsy DeVos that remain in effect. These regulations largely codify what federal due process law requires for public universities in Michigan and Ohio.  That is – when a student accuses a student of sexual assault, the investigator is not the decision-maker, and both sides can have an advisor (typically a lawyer) ask questions of witnesses at a hearing. The Biden Administration has proposed regulations but not yet issued them that would change the process to make it much less like a court hearing and more like simple interviews. &nbs ..read more

In today’s college environment, accusations of Title IX infractions have become increasingly common. Title IX is a federal law that prohibits discrimination on the basis of sex in education programs and activities. At the University of Michigan, the Equity, Civil Rights and Title IX Office, also known as U of M ECRT, is the department that facilitates the reporting of such infractions. Title IX violation accusations can seriously affect a student’s academic and professional future. It is important for both college students and their parents to understand the need to consult with an attorney be ..read more

The story in BBC News, Ruby Franke: ‘8 Passengers’ parenting mum arrested on child abuse suspicion, written by Madeline Halpert is a story for our times. A YouTube vlogger on parenting advice with 2 million followers has been charged with horrendous child abuse. It was easy for the millions to believe the vlog creator was a good mother because viewers did not see the malnourished, laceration-laden child tied up with duct tape that escaped to the neighbor.   Too many Americans believe that the popularity of a person, a product, or a viewpoint about a fact constitutes proof of the correctne ..read more

Attorney David Nacht was quoted with some balanced quotes as a Title IX lawyer who represents complainants and respondents at Michigan State University and the University of Michigan.  Below is just one of his quotes from the recent Detroit News article, “MSU leaders chose not to seek details of ongoing Tucker investigation, spokeswoman says”.   David Nacht, an Ann Arbor attorney who represents complainants and respondents in Title IX cases at the University of Michigan and MSU, said universities generally do not publicly discuss Title IX cases or the identity of those involved, and ..read more

Long term incentive compensation sometimes takes the form of phantom shares; other times options and other times simple awards of shares. All involve getting the value of a piece of equity. There is always a vesting schedule and the executive facing a termination almost always gets to keep vested options and shares. If the executive works for a privately held company that is likely to be sold, sometimes she or he is pushed out before the next round or “tranche” vests. We have been successful at negotiating for obtaining invested shares and for obtaining the right not to sell immediately at the ..read more