Vol. II, Issue No. 2
February 27, 2013

Happy end of February!  Amid the economic uncertainties of the weeks and months ahead, this
 Briefing addresses some litigation risks on the horizon for businesses.  We also review an interesting case where an employer omitted its managers and officers from an employment contract and unintentionally exposed them to liability. 

Last, we link to John Hubbard's appearance on Fox 2 Detroit and an eBook on Hot Topics in Litigation co-authored by Eric Parzianello.  Have a great March!  


Resolve to Manage Your Litigation Risks

A series of law.com articles provides legal warnings as well as solutions for corporations.

First, a recent survey of in-house counsel predicts a bumpy litigation ride for corporations in 2013.  Much of that bumpy ride will likely be a result of increased employment litigation. Over the next four years, employers will confront challenges on all fronts, from right-to-work issues to health care law to discrimination issues.  This article on Labor and Employment Issues in Obama's Second Term provides a good summary.

One way to reduce litigation risks is to consider The Benefits of Having Lawyers on the Board of Directors. That linked article concludes that lawyer-directors reduce the risks of litigation and help improve the value of the company.
Managers and Officers Exposed to Liability as a Result of Drafting Error


In last month's Briefing, we noted a Michigan case which authorized shortening the statute of limitations for claims against the employer.  While such a provision is good practice for employers, a new case highlights the importance of drafting such a provision.

In Hoogland v. Kubatzke, an employee agreed in writing that any lawsuit against the employer arising out of her employment must have been brought within 180 days of the event giving rise to the claims.  The employee's lawsuit against the employer was dismissed based on that provision because she filed too late.  However, her subsequent suit against the employer's managers and executive officers was allowed to proceed because the contract did not specifically name any other persons including the employer's managers and officers.  Lesson: don't forget to include your officers and directors on any agreements which attempt to limit your company's liability.
Hubbard Interviewed on Fox 2 Detroit


Fox 2 Job Shop

John Hubbard was interviewed by Fox 2 Job Shop host Murray Feldman about small businesses popping up in Detroit and what they can do to better succeed.


John's segment was titled "Mistakes to avoid as a small business owner," and was featured on the February 12th Fox 2 News.  The entire segment can be viewed by clicking the photo.

Hot Topics eBook Co-Authored by Parzianello  
Hot TopicsEric Parzianello recently co-authored an eBook published by ExecSense, the world's largest publisher of professional eBooks and webinars.  The eBook is titled Hot Topics From Litigation Lawyers and is available on Amazon.com. Eric authored chapter 2: Protecting Your Business Information: A Primer on Confidentiality, Non-Competition and Non-Solicitation Agreements. Contact Eric if you'd like a complimentary copy of his chapter.

E-Mail Links  
Managing Risk
Omitting Officers?
Hubbard on Fox 2
Parzianello eBook

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