| Admitted in New York and California |
Davis, California 95616 |
Email: vdicarlo@dicarlolaw.com |
This
is an intensive one-day seminar that is designed to give businesses the
tools that they need to avoid the lawsuits that can be avoided, and to
win the ones that cannot. During the course of the day, we cover
several topics that are also covered in other, shorter presentations
described
elsewhere on this site.
If you are in business, sooner or later you will be sued--by an employee, competitor, customer, or by someone with whom you do business. Such litigation can destroy a company both by costing ruinous amounts to defend or settle, and by monopolizing the time and attention of management. Many, if not most, of these suits could be avoided if businesses took the time to learn and apply proven and practical methods of prevention.
This seminar is aimed at business owners and managers, corporate counsel, human resources administrators, and other business professionals.
We cover the following topics:
I. General Strategies for Avoiding Litigation
A. How to avoid motivating the potential litigant
B. How to discourage a plaintiff's lawyer
C. How to preserve and document your defenses
II. Nightmlare Scenarios--Lessons from Actual Cases
A. The employee from hell
B. The customer with no brain
C. A true tax audit nightmlare
III. How Not to Get Sued by an Employee
A. The four most common way to get sued
B. The one page document that you should not be
without
C. How to keep your employee manual from biting
you
D. How to hire and how to fire
E. How to get a release that will stand up in court
IV. Claims for Wrongful Termination and How to Avoid them
A. How to conduct an internal investigation that
won't backfire
B. How to nail down the "at will" relationship
C. Establishing termination for good cause
V. Claims for Harassment and Discrimination
A. How to prevent harassment and discrimination
B. Protecting your company from the acts of
employees
beyond your control.
VI. Claims for Unpaid Leave and Overtime
A. Who can and cannot be treated as an exempt
employee
B. Who can and cannot be treated as an independent
contractor
C. How to prevent surprise claims for years of
allegedly
unpaid compensation
VII. Competitive Torts
A. What you can and cannot say about a competitor
B. Legal competition vs. unlawful interference
C. Antitrust issues
VIII. Avoiding Liability for Independent Contractors
A. Protecting against the improper use of
independent
contractors
B. How to keep from being held responsible for the
negligence
of your independent
contractors
IX. How to Reduce the High Cost of Unavoidable Litigation
A. The use of customized arbitration clauses
B. Insurance policies--how to make the most of them
C. The three most common litigation boondoggles
and
how to avoid them
D. How to help your lawyer to reduce your legal
fees
E. Getting expedited resolution of disputes where
it
is appropriate
Selections from the Text for the Seminar
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For more information, e-mail me at vdicarlo@dicarlolaw.com