Legal Services 2018-11-16T18:11:32+00:00

If you are a business that needs help with employment, compliance, corporate ethics or data privacy and security matters, we would appreciate the opportunity to work with you.

Beckstead Terry Legal Services

Compliance & Ethics

We help companies manage legal risk while keeping operational objectives in focus.

  • Risk assessment
  • Compliance program design, implementation, evaluation and monitoring/audit
  • Polices & Procedures
  • Internal investigations
  • Anti-corruption/Foreign Corrupt Practices Act (FCPA)
  • Decisions concerning self-disclosure of potential FCPA violations
  • Vendor due diligence, management and contracts
  • Due diligence for M&A transactions
  • Government investigations and enforcement actions
  • Whistleblowers/False Claims Act
  • Prevention of human trafficking/supply chain management
  • California Transparency in Supply Chains Act of 2010
  • Federal Acquisition Regulation (FAR) provisions for combating human trafficking

Workforce Development

As outside general counsel to our clients on labor and employment matters, we help our clients achieve their workforce goals.  We counsel clients on a variety of matters, including:

  • Employee on-boarding: I-9s, e-Verify, arbitration agreements, and background checks
  • Employment, proprietary rights and non-compete agreements, including C-Suite employment agreements
  • Employment issues in M&A: due diligence and integration
  • Bonus, commission, and incentive compensation plans
  • Wage & hour compliance, including exempt status
  • ADA, FMLA, & other leaves of absence
  • EEO compliance, manager & workforce training
  • Employee handbooks and policies
  • Audits of HR practices
  • Internal and outside investigations
  • Restructuring: WARN & RIFs

Governmental Investigations

In the past six years, the government has dramatically increased its budget and enforcement efforts with respect to employment laws. We represent employers in these investigations, including:

  • EEOC and state agency administrative complaints, including on-site investigations
  • DOL wage-and-hour audits and investigations, including on-site investigations
  • IRS and state agency independent contractor audits
  • DHS I-9 audits
  • OSHA investigations & appeals
  • FTC and state attorney general investigations and enforcement actions regarding privacy/data security issues
  • DOJ investigations regarding alleged FCPA violations

Data Privacy, Security and Incident Response

We act as outside general counsel on data privacy and security matters:

  • Data inventory and privacy/information security risk assessment
  • Privacy policies
  • Compliance with applicable US, state and EU laws, regulations, contractual obligations, industry standards, and commitments to customers
  • Legal audit/monitoring of information management program
  • Vendor due diligence, management, and contracts
  • Due diligence for M&A transactions
  • Data breach & incident response preparedness
  • Breach notification procedures, investigation and response
  • Investigations by FTC, other government agencies, and state attorneys general
  • Government data requests and national security matters (FISA orders and National Security Letters (NSLs), and Communications Assistance for Law Enforcement Act (CALEA))
  • GDPR/EU data protection issues and Privacy Shield
  • California Consumer Privacy Act of 2018
  • Workplace privacy, social media, and “Bring Your Own Device” challenges
  • Financial privacy (Gramm-Leach-Bliley Act (GLBA), Fair Credit Reporting Act (FCRA), Fair and Accurate Credit Transactions Act (FACTA))
  • Consumer/communications privacy (CAN-SPAM, Electronic Communications Privacy Act (ECPA), and Telemarketing Sales Rule (TSR))
  • Health privacy (HIPAA, HITECH)

Litigation

While our goal is to keep our clients out of court, we vigorously defend our clients when they are sued. The types of commercial and employment-related cases that we litigate include:

  • Non-compete, non-solicitation, and misappropriation of trade secrets
  • Contract disputes
  • Tortious interference with contracts & prospective business relationships
  • Theft of trade secrets and proprietary information
  • Failure to accommodate/ADA compliance
  • Discrimination, harassment, and retaliation claims
  • FMLA interference
  • Wage and hour claims, including FLSA collective actions
  • Libel and defamation
  • Invasion of privacy
  • Infliction of emotional distress
  • Breach of employment agreements, including bonus and commission plans