Jeffrey S Klein

April 03, 2015 | New York Law Journal

In their Employment Law column, Jeffrey S. Klein and Nicholas J. Pappas write: When employers seek advice from outside counsel regarding internal investigations, quite understandably, they would like the certainty that those communications will be viewed just as any other attorney-client communication. A recent case, however, suggests that under certain circumstances, at least some courts will view employers' assertions of privilege with skepticism, and place unexpected limits on their claims of privilege.

By Jeffrey S. Klein and Nicholas J. Pappas

12 minute read

February 02, 2015 | New York Law Journal

In their Employment Law Column, Jeffrey S. Klein and Nicholas J. Pappas summarize Section 342 of Dodd-Frank and the proposed standards of the agencies tasked with implementing congressional objectives. They also discuss the first step regulated entities should take in seeking to comply with these proposed standards.

By Jeffrey S. Klein and Nicholas J. Pappas

11 minute read

February 02, 2015 | New York Law Journal

In their Employment Law Column, Jeffrey S. Klein and Nicholas J. Pappas summarize Section 342 of Dodd-Frank and the proposed standards of the agencies tasked with implementing congressional objectives. They also discuss the first step regulated entities should take in seeking to comply with these proposed standards.

By Jeffrey S. Klein and Nicholas J. Pappas

11 minute read

December 01, 2014 | New York Law Journal

In their Employment Law column, Jeffrey S. Klein and Nicholas J. Pappas examine the specific legal issues employers may face in industries with a higher risk of exposure to Ebola, when employees travel to areas with widespread Ebola infections, or when employees take adverse action against coworkers based on national origin- or race-based stereotypes.

By Jeffrey S. Klein and Nicholas J. Pappas

11 minute read

October 06, 2014 | New York Law Journal

In their Employment Law column, Jeffrey S. Klein and Nicholas J. Pappas analyze franchisors' defenses to claims by franchisee employees under the Fair Labor Standards Act and some recent cases which illustrate the steps franchisors may take to protect themselves against such claims.

By Jeffrey S. Klein and Nicholas J. Pappas

11 minute read

August 04, 2014 | New York Law Journal

In their Employment Law column, Jeffrey S. Klein and Nicholas J. Pappas write that with 25 million Baby Boomers poised to leave the work force in the coming years, many employers are facing the need to plan for the loss of experienced employees. Although courts have long recognized the legitimate interest in succession planning, it should be undertaken with an eye toward potential legal issues.

By Jeffrey S. Klein and Nicholas J. Pappas

11 minute read

June 02, 2014 | New York Law Journal

In their Employment Law column, Jeffrey S. Klein and Nicholas J. Pappas write: Given the recent increase in "whistleblower" actions, we reviewed a selection of codes of conduct from 20 public companies of different sizes and across various industries, in order to assess the varied approaches and strategic judgments made by companies in crafting their codes of conduct.

By Jeffrey S. Klein and Nicholas J. Pappas

11 minute read

April 07, 2014 | New York Law Journal

In their Employment Law column, Weil, Gotshal & Manges partners Jeffrey S. Klein and Nicholas J. Pappas write: Employers may correctly believe that social media marketing is more effective when projected through a human rather than corporate persona, and may thus encourage employees personally to connect with other users. But some have then discovered too late that they took insufficient precautions in establishing ownership of the social media.

By Jeffrey S. Klein and Nicholas J. Pappas

11 minute read

February 03, 2014 | New York Law Journal

In their Employment Law column, Jeffrey S. Klein and Nicholas J. Pappas, partners at Weil, Gotshal & Manges, write: Employers frequently seek to prevent unauthorized use of confidential information by enforcing non-competition agreements against ex-employees, but even when there is no such agreement, employers have statutory options. One relatively new theory that employers are asserting in litigation with greater frequency is a federal claim under the Computer Fraud and Abuse Act.

By Jeffrey S. Klein and Nicholas J. Pappas

12 minute read

December 06, 2013 | New York Law Journal

In their Employment Law column, Weil, Gotshal & Manges partners Jeffrey S. Klein and Nicholas J. Pappas discuss the unsettled state of employee noncompetition/solicitation agreements, which are generally prohibited under California law, necessary to protect a former employer's trade secrets, an exception which has never been expressly overruled but which some courts have staked out a more restrictive position on.

By Jeffrey S. Klein and Nicholas J. Pappas

12 minute read