Winter 2008

The DH Benchmark

Inside this issue:

The Right of First Refusal vs. The Right to Work Where One Wants: the Howie Carr Case

“The extent to which parties may, by contract, limit their right to contract has been the focal point of a balancing act in the area of covenants not to compete for many decades.” So wrote Justice Grainger of the Massachusetts Appeals Court in an opinion issued late last year in the case of Howard L. Carr vs. Entercom Boston, LLC.

New Developments in Employment Verification
By Gwen P. Weisberg, Esq.

In light of the current immigration climate, and the resulting increase in workplace audits, all employers should take the time to determine whether they are in compliance with all employee documentation requirements. Although often overlooked, immigration considerations may significantly affect a company’s employment practices, and, for those companies failing to take immigration seriously, the results can be devastating.

The Next Generation in Your Business: A Succession "Geiger Counter"
By David M. Paradise, Ph.D., President, Family Business Resource Center

Business succession is the transfer of assets, capital, contacts, power, skills, and authority from one generation of ownership to the next. Family business succession has the dual goals of preserving the business and the family. Every business needs a succession plan. It is the equivalent of a will or an estate plan for the business.

Employee Handbooks: Sword or Shield?

Employee handbooks which plainly spell out what management expects of its personnel would seem to make good practical sense for most employers. The contents of some employee handbooks, however, may have unintended consequences for the employer, such that the employer finds itself hoist with its own petard. A case in point is Ferguson v. Host International, Inc.

Too Many Ds - Principles to Consider When Planning a Stockholder Agreement
By Sarah K. Willey, Esq.

Disappoint, disillusion, dishearten, disenchant, divorce, dissociate, divide, disconnect, disjoin, dissolve. Debt, disability, death. Most people don’t start a business planning for its demise. Nonetheless, friends or co-workers who start a business together can become disgruntled, divorced, disabled, or dead. Similarly, founders seeking transition and continuation of their company may be dismayed when the next generation takes over and dramatically alters the course of business, depressing and devaluing its (meaning their!) stock. With a little advance planning the likelihood of the company’s successful continuation in the event of an unpleasant or unexpected shareholder event is greatly enhanced.

To access the full articles and for more information, please contact Donovan Hatem's Marketing Department:

Karyn Buckley, Marketing & Events Coordinator
kbuckley@donovanhatem.com
617.406.4549