Protecting an Association’s Confidential Information from FOIA Requests

Your association may be compelled to provide confidential information to government agencies pursuant to a subpoena.  How do you know that such information will not subsequently be disclosed to third parties and ultimately, the public at large, pursuant to a Freedom of Information Act (FOIA) request?  While it may be impossible to guarantee that confidential information is […]

Protecting an Association’s Trademarks

  An association’s trademarks are usually among its most important assets. Nonetheless, in our practice we often find that associations are not doing everything they can to protect those valuable assets, particularly in light of the enhanced risks that arise with social media. This article briefly discusses the basics of trademark law and sets forth […]

Potential Traps for Employers in Conducting Background Screening

Most employers, including associations and their members, conduct some type of criminal background check on potential employees before hiring them.  It is a sound practice to do so.  A recent decision by the Equal Employment Opportunity Commission (EEOC), however, highlights risks associated with conducting overzealous background screening procedures.  In addition, employers relying upon credit histories of job […]

Protecting Attorney Client Privilege when the Threat of Litigation Arises

One of the primary purposes of trade associations is for member entities to share information about common issues and problems that confront the industry or profession. Often the problems and issues raise legal concerns. These may include litigation involving individual members, which could affect the industry or profession as a whole. The types of legal […]

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