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When to Consider an Applicant’s Criminal History In 2015, the New York City Commission on Human Rights enacted the Fair Chance Act that would prohibit employers from asking potential applicants if they have been convicted of a crime until after the employer has issued a conditional offer to the applicant.  This law was passed to » Read More

Preventing Against Gender Identity Discrimination Experts estimate that there are more than 25,000 transgender and gender non-conforming people that reside in New York City.   As a result, it is very important that New York City employers and landlords become familiar with their obligations when addressing the gender identity of their employees or tenants.  The failure » Read More

Claim Filed to Protect NJ-Based Food Service – Eat Clean Bro Attorney Anthony Davis of Nicoll, Davis & Spinella LLP filed a trademark infringement lawsuit in the U.S. District Court for the District of New Jersey for the New Jersey-based food and meal delivery service, Eat Clean Bro, against a local competitor, Ketoned Bodies. If » Read More

Liability for Improper Personal Expenses of Other Executives CFO and corporate accountants must be aware that the improprieties of their superiors could lead to their own personal liabilities.  This is because Courts have found that corporate officers can breach their fiduciary duties to a company if they are involved in conduct that benefited their superior » Read More

General Counsel is a vital role in any type of business, even if one were to focus only on the core legal deliverables: helping to protect the company’s interests and ensure that the business is operating legally and ethically. The role of General Counsel has evolved over the years, and there are some important things » Read More

The Principles of Federal Prosecution of Business Organizations in the United States Attorney’s Manual describe specific factors that prosecutors should consider in conducting an investigation of a corporate entity, determining whether to bring charges, and negotiating plea or other agreements. These factors are commonly known as the “Flip Factors.”  At Nicoll Davis & Spinella, our Outside General » Read More

Prompt and effective investigation of reports of inappropriate or illegal conduct in the workplace is critical to an employer.  Regardless of the allegation or the circumstances that give rise to the need to investigate, initiating and managing a professional and thorough investigation process is crucial to managing the employer’s liability flowing from the reported issue. Here » Read More

In a recent letter to the Organization for Economic Co-operation and Development (OECD), the Association of Corporate Counsel (ACC) presented strong compliance programs as a deterrent to bribery. Having robust channels for preventing, identifying, and remediating misconduct can help to eradicate bribery by establishing a more ethical corporate culture. The letter states that international cooperation » Read More

The Importance of Safeguarding Your Company’s Official Social Media Accounts In our increasingly technological age, social media is often a valuable tool for companies of all sizes, in all industries.  However, this tool must be properly managed and companies must take active measures to ensure that what is tweeted, posted, or shared via its official » Read More

Employers with transitional back to work programs can significantly reduce the costs of their Workers’ Compensation claims by getting their employees back to work as soon as possible. Even if an injured employee is not able to immediately return to their previous job responsibilities, the employee may be able to return to work in a » Read More