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Compensation Forfeiture: Stacking Remedies Against Disloyal Agents And Employees, George P. Roach
Compensation Forfeiture: Stacking Remedies Against Disloyal Agents And Employees, George P. Roach
George P Roach
Compensation Forfeiture:
Stacking Remedies Against Disloyal Agents and Employees
Abstract
Four cases against outlaw CEO’s who defrauded their companies are reviewed to show the major impact that compensation forfeiture contributes to the total package of remedies awarded. The dual goals of remedies for breach of fiduciary duty of compensation and deterrence result in multiple remedies, generally including a remedy at law to compensate and a remedy in equity to disgorge any benefit from the breach. For claims that the fiduciary or agent breached her duty of loyalty, a third remedy of compensation forfeiture can be added or ‘stacked’ on top …
Professional And Academic Employee Inventions: Looking Beyond The Uk Paradigm, Justine Pila
Professional And Academic Employee Inventions: Looking Beyond The Uk Paradigm, Justine Pila
Justine Pila
The vast majority of inventions are devised by employees, raising the question who is entitled to patent them? Under the UK Patents Act 1977, the right to patent an invention lies primarily with its inventor(s). However, an exception exists for employee inventions to which section 39(1) applies. The recent decision of the Full Court of the Federal Court of Australia in UWA v Gray raises the question of the applicability of this provision in the university context, in respect of regular academic employees. In that case, the Court relied on UK authorities to support its conclusion that the University of …
Restoring Unions In America By Reforming Nonemployee Union Representative Access Rights To Employer Property, Jesse Dill
Restoring Unions In America By Reforming Nonemployee Union Representative Access Rights To Employer Property, Jesse Dill
Jesse Dill
Unions have lost the once strong position they held in the American workplace. Academics have long debated how to restore the National Labor Relations Act’s relevance in today’s global marketplace. Congress’s preferred solution seems to be the Employee Free Choice Act, which would reform the unionization voting process, but this proposal does not strike at the heart of the matter. Labor is losing the debate on the benefits of unionization for the average worker because it is operating on an uneven playing field where employers can exert undue influence on employees to prevent them from organizing with no real opportunity …
Employee Privacy: The Need For Comprehensive Protection , Jeremy F. De Beer
Employee Privacy: The Need For Comprehensive Protection , Jeremy F. De Beer
Jeremy de Beer
Society has begun to pay more attention to privacy. This is especially true in the context of the employment relationship, where a power imbalance creates a greater need for privacy protection. Although some steps have been taken, Canadian lawmakers have fallen short in their efforts to safeguard the privacy of all employees. Employees are presently protected by a piecemeal scheme of legislative, common law and market-based mechanisms, which leaves a substantial gap in the Canadian privacy framework. The only tenable solution is for each province to enact laws that address privacy in the employment context, using recently enacted federal legislation …