Kavitha Gupta's blog

Eighth Circuit Finds Non-Competition Agreements Assignable to Successor Employer in Asset Purchase Without Employees' Consent Ford & Harrison LLP prev next USA July 11 2016 Executive Summary :  The United States Court of Appeals for the Eighth Circuit recently held that a successor employer, who was assigned non-competition agreements as part of an asset purchase, could seek to enforce the non-competition agreements under Missouri law against two former employees of the predecessor who went to work for a competitor. Reversing the district court's order granting summary judgment to the former employees on the basis that the non-competition agreements were "personal service contracts" and could not be assigned without the employees' consent, the Court of Appeals in  Symphony Diagnostic Services No. 1 Inc. v. Greenbaum  found that that the non-competition agreements were not personal service contracts and, therefore, could...

Unfortunately in India, Anti-bribery laws are still lacking when it comes to effective enforcement against officials and the private party for acts of bribery. A recent judgement of SC has laid down that mere acceptance of bribery will not suffice to prosecute the perpetrator and a proof of demand and acceptance is essential for convictions under Prevention of Corruption Act. It's necessary that the PCA be amended wherein acceptance of bribery is also a crime to eliminate corruption!! Supreme Court rules proof of demand essential for convictions under Prevention of Corruption Act Newsletters June 20 2016 | Contributed by Shardul Amarchand Mangaldas & Co Introduction The Prevention of Corruption Act 1988 (1) is the main anti-corruption legislation in India. It addresses bribery and corruption offences committed by public servants. (2) Section 7 of the act deals with public servants taking gratifications other than legal remuneration in respect of an o...

Want to Become an Impressive Public Speaker? It's Easier Than You Think. Published on July 11, 2016  by Betty Liu,  Founder/CEO at Radiate, Inc. As a television pro, I'm used to speaking to a live audience. Being put on the spot does not frighten me anymore. What does still intimidate me from time to time is speaking to a room full of blinking, live human beings. It's one thing to stare into a camera lens; it's quite another to feel the collective breath and energy of a banquet hall and hope you don't fall flat. Some of the skills required are the same--you need to be articulate, intelligent, and fast-thinking. But being able to command a room from one singular point on stage requires much more, which is why so few people are able to do it successfully (think  Tony Robbins or Gary Vaynerchuk ). You don't have to be 6'7″ or run around in cool looking kicks to stand out, but you can use some of the techniques I've learned below to help make you an...

2016 Anti-Bribery Cases—The Year of Internal Controls, Books & Records By Kristin Casler, featuring Gregory Husisian of Foley & Lardner LLP and Michael Volkov of The Volkov Law Group LLC Years of robust federal enforcement have convinced most companies operating internationally to initiate policies that forbid outright bribery of foreign officials. That would have been sufficient in the early days of the Foreign Corrupt Practices Act of 1977, when corporate compliance generally hinged on the existence of any kind of compliance program. Over the years, though, minimum standards have evolved to require a corporate compliance program be more than just a “paper program”— it needs to be “effective.” Now, the latest Department of Justice and Securities & Exchange Commission cases indicate another escalation—companies must also have good, functioning internal controls. That means companies must take utmost care with foreign transactions and dealings in countries known for c...