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Protect from Business Lawsuits : An Employee's Guide to Avoiding Workplace Liability - Thomas A. Schweich

Protect from Business Lawsuits

An Employee's Guide to Avoiding Workplace Liability

Paperback Published: 2nd March 2000
ISBN: 9780684856551
Number Of Pages: 224

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Corporate litigation has spun out of control and can cost up to 10 percent of overall earnings. Changes in the law enabling lawyers to mount business tort claims have caused damages to soar sky-high. In this groundbreaking book, Thomas Schweich, a pioneer in the field of preventive law, turns the tables and offers managers and all employees who act as agents a manual for avoiding the mistakes that could land them in court.

In comprehensible layman's terms, Schweich shows employees from companies of all kinds and sizes how to avoid lawsuits by analyzing the Eight Big Mistakes that can lead to litigation, with examples culled from his experiences at Bryan Cave, LLP, leaders in preventive law.

This book will benefit all employees -- from the CEO of a major corporation to the average deal-making employee. An invaluable tool for avoiding workplace liability, "Protect Yourself from Business Lawsuits" is a must-read for every businessperson.

Industry Reviews

Richard J. Hunter The Mid-Atlantic Journal of Business Helpful and interesting....Schweich offers a very readable commentary on solving a major issue for corporations and business executives. Anne Fisher Fortune A fascinating book. Teresa McUsic The Washington Times An insider's description of the legal mania transpiring in the business world today....Excellent and practical advice.

Introduction: The Art of Suitproofing
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
The Eight Big Mistakes
Bad Writing
To Write or Not to Write
False Security
Internal vs. External Documents
Company Private Documents
Specific Types of Dangerous Documents
E-MailMeeting Minutes
Notes and Diaries
Corporate Policies
Marketing Information
The Cybertransaction
Document Retention
Keep It Legal
Cleaning Your Files
The Bright and Not-So-Bright Lines
Bad Estimating
The Impossible Dream
Cost and Schedule Risks
Risk Assessments
Bad Learning Curves
The Management Challenge
Buying In
The Inestimable Value of Life
Probability Speculation
Capability Speculation
Liability Speculation
Bad Research
The Enemy Within
The Enemy Without
Public vs. Private Information
The Parochial School
Ignoring Problems
Identifying Problems
Employee Training
Internal Controls
Monitoring Third Parties
Acknowledging and Resolving Problems
Employee Problems
Critical Path Analysis
Conspiracy Theory
Getting Personal
Corporation: Person or Machine?
The Hostile Environment
Business Ethics
The Market-Effect Resolution
The Fictional Demon
Changing Standards
Tortious Evidence
The Savior
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
TBDsVague Standards
Conflicting Terms
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
The Four Shields
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
The Shield of Definition
Defining Relationships
Labels, Flowers, and Boilerplate
Just Say It!
Defining Value
The Shield of Process
The Race to the Courthouse
The Neutral Forum-Selection Clause
Notice and Tolling Agreements
Fees, PleaseThe Alternative to Alternative Dispute Resolution
New Alternatives
Senior Executive Presentations
Early Neutral Evaluation
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
Table of Contents provided by Publisher. All Rights Reserved.

ISBN: 9780684856551
ISBN-10: 0684856557
Audience: General
Format: Paperback
Language: English
Number Of Pages: 224
Published: 2nd March 2000
Publisher: Simon & Schuster
Country of Publication: US
Dimensions (cm): 21.6 x 14.0  x 1.2
Weight (kg): 0.29