Staying in the Delaware Corporate Governance Lane: Fee Shifting Bylaws and a Legislative Reaffirmation of the Rules of the Road

The Delaware legislature has taken steps towards the adoption of amendments to the Delaware General Corporation Law (DGCL) that would prohibit fee shifting provisions in the articles and bylaws. The language in the legislative proposal, however, addresses fee shifting provisions only in the context of "internal corporate claims." Some have raised concerns that this language would allow for fee shifting provisions that applied to other types of actions, including at least some cases brought under the securities laws. This piece suggests that in fact the Delaware General Corporation Law already prohibits the adoption of bylaws and certificate provisions that apply to causes of action unrelated to internal corporate claims. As a result, there was no reason for the Delaware legislature to expressly bar fee shifting provisions in these types of actions.

Representing Clients in the Marijuana Industry: Navigating State and Federal Rules

As the number of states legalizing medicinal and recreational marijuana increases and marijuana emerges as a growing lawful industry, lawyers find themselves in an awkward position. In most states, lawyers who represent clients in the marijuana industry risk discipline for assisting clients in the commission of a (federal) crime. Even in jurisdictions like Colorado, where the rules of professional conduct have been amended to permit lawyers to assist clients who comply with marijuana state laws, lawyers who are admitted to practice in federal courts risk being disciplined by these tribunals for assisting clients in the commission of a crime pursuant to the courts’ local rules of conduct. This short article explores the thorny issue of navigating state and federal rules of professional conduct while representing clients in the marijuana industry.

A Qualitative Investigation of Social Network Efficacy Relative to Employee Recruitment and Generational Needs

Non-traditional means of recruitment for the twenty-first century knowledge worker need to accompany traditional means of recruitment due to an increased usage of technology by the twenty-first century knowledge worker. In this capstone project, the author examined the recruiting efficacy of social networks. Non-traditional means of recruitment through social networks via the World Wide Web can help organizations compete for potential applicants and assist job seekers in securing employment. These means are cost effective for the employer. Examples of organizational usage in this investigation illustrate that social networking can improve efficacy for recruitment and generational needs.

Employee Motivation: Effective Incentives Targeted at Keeping the Baby Boomers in the Workplace beyond Normal Retirement Age

The impending mass retirement of the Baby Boom generation in the United States may cause a drastic talent drain. Companies should pay attention to this upcoming problem now to alleviate an exodus by encouraging Baby Boomers to continue working past their normal retirement age. One solution is to offer them effective incentives. The most compelling incentives for Baby Boomers are the ability to choose their own hours (how many hours they wish to work, and when they wish to work them), the ability to telecommute from wherever they choose, and the offer of extra health care benefits.

The Healthy Workplace of the 21st Century: The Benefit of Organizational Wellness Programs on Employee Health and Absenteeism

Every year, obesity rates continue to rise and have reached epidemic proportions throughout the United States. The costs associated with obesity are staggering and many researchers feel that the workplace should be the new front line in the battle for a healthier workforce. Employers must take action to address this worsening health crisis and help reduce spiraling medical costs and absenteeism rates. This capstone reviews the current literature on wellness programs and discusses different companies' approaches to wellness programs that have special emphasis on nutrition and physical activity. It also provides strategies and recommendations for companies eager to initiate a comprehensive, dynamic and directed wellness program to improve the current and future health of their workforce.

Performance Management: Can Coaching Result in Improved Employee Satisfaction and Motivation?

The goal of this project is to determine whether or not coaching, as a part of performance management, results in increased employee motivation, ultimately impacting employee performance. Teletech's customer service group was a case study where their effectiveness of performance management through coaching was analyzed. The data for this research was gathered from interviews of two of TeleTech's managers, and an employee survey created by the author. The results reveal that most participants felt more motivated after their coaching sessions, changed their behavior based on feedback during coaching, resulting in improved performance. Therefore, the results of the project show that regular coaching, as part of performance management, results in improved employee satisfaction and motivation, resulting in increased productivity.

Recession Effects on Employee Retention

An economic recession affects the ability of organizations to retain employees. The downturn in the economy causes employers to evaluate how they conduct business causing lay-offs and unemployment rates to rise during periods of recession. A retention strategy is as important as sales and customer service during an economic recession. The impact of decisions made during the recession and the imminent labor shortage will impact the ability of organizations to retain their high performing employees. The author details the areas organizations must consider in a retention strategy and develops a retention model for her employer that can be used to assist with reducing turnover as the economy and the labor force begins to change.

Alternative Cost-Effective Employee Motivators

Traditionally, the awarding of cash bonuses has been one of the primary tools utilized by organizational leaders to increase employee motivation. Recent research has indicated that cash awards may successfully motivate employees. The same research presents alternative, effective techniques that have been demonstrated to improve employee motivation and performance. Results of the 2010 Society for Human Resource Management survey highlight respondents' opinions regarding alternate employee motivators in the United States. The results strongly suggest that alternate cost-effective employee motivators may be as effective as cash rewards. The results of this Capstone will demonstrate that innovative, cost-effective methods can be used by organizations to retain employees. This paper will address specific areas of research including talent management, leadership, communication, and recognition.

Examining the University of Denver's Family Friendly Benefits Plans: A look at Creating More Family Friendly Benefits to Drive Employee Retention

In the latter half of the twentieth century the workforce dynamic changed when the number of women entering the workforce increased by record amounts. In direct opposition to this change was the inability of organizations to meet the needs of employees with childcare concerns. Organizations and employees alike are best served when policies, procedures, and benefits are implemented to achieve a positive work/life balance. Companies that institute benefits that are supportive to families observe decreases in turnover and increased employee retention. Employees who are offered family friendly resources have been known to stay with companies even when offered a higher salary elsewhere. Demonstrating that retention of valued employees is linked to an organizations ability to offer support for family needs.

Employee Leadership Development

Abstract \ The business importance of retaining and developing top performing employees is more crucial to business organizations that in the past, yet many organizations are not confident in their ability to staff leadership positions within the next five years. Many companies continue to run without a employee leadership development program. Organizations that shy away from development programs tend to do so because of fear the costs are too high. Organizations that support leadership programs acknowledge that the benefits far outweigh the costs. In this capstone study, the researcher illustrates that employee leadership development programs add value through improved business strategy and employee satisfaction, and as a result, represent a worthy investment.

Rules and orders respecting the Steward, Cook & Butler of Harvard College, [1686]

These regulations are a revision of the original 1650 rules that laid out the duties of the Steward, Butler, and Cook. In these updated regulations, the Rector and Tutor are now responsible for signing off on the Steward's accounts rather than the President and Fellows.

E. Committee to frame rules, directions, and statutes of the Boylston Professorship of Rhetoric and Oratory, 1804

This subseries consists of a paper notebook containing a handwritten draft of the report presented to the Harvard Corporation on April 30, 1804 by the Committee to frame Rules, Directions, and Statutes of the Boylston Professorship of Rhetoric and Oratory. The handwritten report provides a numbered list of rules related to the Boylston Professorship and is dated April 16, 1804. The report is followed by a certification signed May 1, 1804 from President Joseph Willard that he was unable to attend the meeting of the Corporation to discuss the professorship.

Draft of the Rules, Directions, and Statutes of the Boylston Professorship of Rhetoric and Oratory in Harvard College, [ca. 1804]

This original draft was probably written by Eliphalet Pearson (1752-1826) as a member of the committee charged with the task of establishing the rules, directions, and statutes for the Boylston Professorship by the Harvard Corporation and the Board of Overseers. This draft is heavily edited and contains many cross outs through the text.