Thomas A. Schweich

Protect Yourself from Business Lawsuits

An Employee's Guide to Avoiding Workplace Liability

• Broschiertes Buch

Produktbeschreibung

This practical guide explains how everyone in any business--from CEOs to entry-level employees--can guard against making errors of judgment and avoid actions leading to serious legal problems and costly lawsuits.

Produktdetails

• Verlag: Fireside
• Seitenzahl: 224
• Erscheinungstermin: 2. März 2000
• Englisch
• Abmessung: 216mm x 140mm x 13mm
• Gewicht: 322g
• ISBN-13: 9780684856551
• ISBN-10: 0684856557
• Artikelnr.: 21873102

Autorenporträt

Thomas A. Schweich is a partner in the St. Louis office of Bryan Cave, LLP. His practice focuses on the negotiation, mediation, arbitration, and litigation of commercial and government disputes. He also conducts training seminars for corporate clients and trade groups on how to avoid lawsuits. A graduate of Yale and Harvard Law School, he lives in St. Louis with his wife and two children. For more information on preventive law, visit his Web site, www.tomschweich.com.

Inhaltsangabe

CONTENTS
Introduction: The Art of Suitproofing
PART ONE
A System Out of Control
The Old Assumptions About the Law: Justice, Limits, Funds, and Lawyers as
Friends
The Decline of Justice
Lawsuits Unlimited
Spiraling Legal Costs
Your Lawyer, Your Friend
The Lesson of Legal History
PART TWO
The Eight Big Mistakes
Mistake Number 1: Bad Writing
To Write or Not to Write
False Security
Internal vs. External Documents
Company Private Documents
Specific Types of Dangerous Documents
E-Mail
Meeting Minutes
Notes and Diaries
Corporate Policies
Letters
Marketing Information
The Cybertransaction
Document Retention
Keep It Legal
Cleaning Your Files
The Bright and Not-So-Bright Lines
Mistake Number 2: Bad Estimating
The Impossible Dream
Cost and Schedule Risks
Risk Assessments
Bad Learning Curves
The Management Challenge
Buying In
The Inestimable Value of Life
Mistake Number 3: Speculation
Probability Speculation
Capability Speculation
Liability Speculation
Mistake Number 4: Bad Research
The Enemy Within
The Enemy Without
Public vs. Private Information
The Parochial School
Mistake Number 5: Ignoring Problems
Identifying Problems
Employee Training
Internal Controls
Monitoring Third Parties
Acknowledging and Resolving Problems
Employee Problems
Critical Path Analysis
Conspiracy Theory
Mistake Number 6: Getting Personal
Corporation: Person or Machine?
The Hostile Environment
Prejudice
Business Ethics
The Market-Effect Resolution
The Fictional Demon
Changing Standards
Tortious Evidence
The Savior
Mistake Number 7: Side Deals
The "Four Corners" Doctrine
A Tear in the Paper
"Clear" Ambiguity
Where There's a Will There's a Waiver
Interference and Total Cost Claims
Implied Side Deals
Holes in the Paper
TBDs
Vague Standards
Conflicting Terms
Mistake Number 8: Misusing Your Power
Power over Individuals
Power over the Product
Power over Services
Power over the Transaction
Power over Information
Power over the Premises
Power over Other Companies
Power over Competition
Three New Duties: The Boatbuilders Example
Nipping the Problem in the Bud
Recapping the Eight Big Mistakes
PART THREE
The Four Shields
Shield Number 1: The Shield of Privilege
Misconceptions About the Attorney-Client Privilege
The Privilege Is Expensive
The Privilege Only Helps You When You Are Already in Trouble
If I Bring in Lawyers, They'll Take over the Place
The Privilege as an Eraser of Mistakes
Affirmative Privilege Programs
Compliance Programs
The 1-Percent Risk Audit
The Internal Corporate Investigation
Shield Number 2: The Shield of Definition
Defining Relationships
Labels, Flowers, and Boilerplate
Just Say It!
Defining Value
Shield Number 3: The Shield of Process
The Race to the Courthouse
The Neutral Forum-Selection Clause
Notice and Tolling Agreements
Fees, Please
The Alternative to Alternative Dispute Resolution
Arbitration
Mediation
New Alternatives
Senior Executive Presentations
Early Neutral Evaluation
Shield Number 4: The Shield of Relationships
The Stick: No New Business
Cross-Contract Clauses
Requests for Assurances Under the Uniform Commercial Code
Corporate Family Relationships
The Carrot: Business Without Lawsuits
Notes and Works Consulted
Glossary
Index