HR White Papers

White Papers from leading HR experts provide great insight and research on timely relevant HR topics.

This, That, and the Other: Different Insurance Policies Can Cover the Same Loss

April 14, 2022

Gain insight on how a claim can be covered by more than one policy. Policyholder counsel is likely often asked which insurance policy may cover a particular claim. The answer could be one particular policy but on occasion, the answer is more than one. There are circumstances when more than one policy may respond to a given claim. There are also instances where multiple policies could interact with covering a claim. This white paper reviews these different situations.

Unique Workers' Compensation Aspects of Independent Contractors and Traveling Employees

March 30, 2022

Gain insight into determining whether a worker is in an employment relationship at the time of an injury. While the decision of whether or not to pay a workers’ compensation claim is multi-factored, high on the list of elements is whether the injured worker was in the course and scope of employment. And as black and white an issue as that might seem to be, it is not always so cut and dry. There will be times a worker is designated an “independent contractor” and thus ineligible for workers’ compensation benefits. But the worker may claim that despite the classification, they were an “employee” and entitled to workers’ compensation benefits. Then there is the ever-thorny issue of whether a worker that sustained an injury outside of the workplace was considered a traveling employee, which would likely make any claim for benefits for the injury compensable. This white paper reviews master-servant relationship components that are critical in making judgment calls on compensability.

The Spearin Doctrine and Design-Build

March 30, 2022

Gain insight into applying a 100-year-old rule to current project delivery systems. In the United States v. Spearin, one of the most well-known construction cases in contracting law, the United States Supreme Court decided that an owner impliedly warrants design specifications that it provides to a contractor. Contractors in many jurisdictions have successfully made claims, in private and government contracts, for an equitable adjustment established on what is now known as the Spearin Doctrine. The vast majority of Spearin claims have been asserted in design-bid-build projects. Spearin claims are far less common in design-build projects, which is the focus of this white paper. This material reviews design-build and discusses the application of Spearin to design-build.

What Is a Derivative?

March 25, 2022

Learn how a derivative can help generate cash flow. Are you familiar with the term “derivative?” If you work in finance the term derivative is quite commonly used. It’s a financial instrument used globally by organizations of all kinds – from nonprofits and hospitals to multi-national corporations. Derivatives are most often used by entities to hedge their currency, commodity, or interest rate risk. They are also a relatively inexpensive vehicle used to speculate and earn a return over and above what traditional investment instruments may yield. So, what is it? This white paper reviews what a derivative is and how they are used.

Handling Unique Collection Situations

March 3, 2022

International Collections and Contracts and Personal Guaranties International collections may require co-counsel in the country you are proceeding in. However, if your defendant has contacts with your state, an attorney may serve the State’s process in the foreign country if the country signed the Hague Service Convention. A contract is formed when the parties enter into an agreement that defines the rights and duties between the parties. Depending on the contract, a party extending credit can require a personal guaranty. This white paper reviews both international collections and personal guaranties and discusses recent case laws.

Improving your Tax Writing

November 25, 2021

Learn why tax professionals need to write well. Tax research and tax planning, which are some of the most important and lucrative work for tax accountants, result in written documents. A well-written document clearly communicates the results of your tax research to your clients. A poorly written document not only fails to inform the client, but it also reflects poorly on your professional expertise. This white paper offers tips on writing a tax research memorandum, rule outlining, and crafting a legal argument.

Keys to Understanding Land Records -Transaction Marketplace, Universe of Competing Property Interest

November 19, 2021

Gain a better understanding of land records and the transaction marketplace. Public land records are an indispensable source of land ownership information for prospective purchasers and lenders. Whether they are first-time homeowners or experienced commercial investors, public land records accord the prospective purchaser a passing opportunity to assess the marketability of the seller’s title, evaluate the potential for future amenities offering a premium resale value, and in some cases, avert financial loss by avoiding the acquisition of encumbered ownership that would frustrate or hinder expectations. This white paper reviews the importance of accessing public land records and the timing of their analysis and discusses the legal significance or constructive notice to prospective purchasers.

Exclusions Typically Involved in Construction Claims

September 30, 2021

Gain insight on several different exclusions. In the construction context, there are numerous exclusions that have a significant impact on the coverage available under a CGL policy. Generally, CGL policies exclude from coverage: property damage to the insured’s product and/or property damage to work performed by or on behalf of the insured; damage to property in the care, custody, and control of the insured; damage after completion of the building; and design defect. This white paper reviews the insured’s work exclusion; the care, custody, and control exclusion; and the completed operations exclusion. Subrogation will also be discussed.

Eggshell Audits

September 9, 2021

What is an eggshell audit? An eggshell audit is a civil audit in which the return(s) under examination contain a material understatement of income, material overstatement of deductions or credits were claimed that the taxpayer was not entitled to, the result of which was that the taxpayer showed less tax liability than they would have owed had an accurate return had been filed. These errors can be caused by mere negligence or via willful intent which would indicate underlying criminal issues with the tax filing under audit. This white paper reviews what an eggshell audit is and what a reverse eggshell audit is. It also discusses the warning signs to look for in determining if there has been a criminal referral which can turn an eggshell audit into a reverse eggshell audit.

Significant Activity Follows US EPA’s TSCA Asbestos Risk Evaluation

July 29, 2021

EPA’s asbestos risk evaluation will be the focus of much attention in 2021. The Environmental Protection Agency’s December 2020 release of its risk evaluation for asbestos has created sizable attention and action, which will probably keep the courts and other interested parties quite busy for some time. This white paper reviews how asbestos was chosen as one of the first ten substances to be subject to risk evaluation and discusses the methods for prioritizing and evaluating a chemical substance’s risk to health and the environment.

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