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Does your legal department benchmark against other corporate in-house legal departments? If you’re not familiar with benchmarking it’s a process where you meet with other corporate in-house law departments and compare notes. It’s a way to find out how others run their department, learn more about industry practices, and get ideas to improve and create efficiencies in your department. You can set up benchmark meetings informally through existing relationships or spend some money and hire a benchmarking company that will have access to industry-wide surveys and networks....

The Fifth Circuit unanimously rejected a Texas-based financial institution’s argument that Texas’ applied Selection Clause automatically subsumed Choice-of-Contract because allowing such an application would violate Oklahoma’s public policy in favoring worker’s right to earn a living. The is noteworthy because it contrasts the two state’s competing viewpoints of worker’s rights. It also displays the Fifth Circuit’s lively writing style. Prosperity Bank entered into a contract with Tulsa-based F&M Bank and Trust Company under which both companies would merge....

Developer conferences are like geek crack. No matter how many times we try to avoid looking up updates, we scratch our neck like an addict going through withdrawal and then furiously click over to one of many liveblogs. Apple is releasing new laptops! Apple has redesigned iOS and OSX! And look at that odd, trash-can looking monstrosity that will replace the Mac Pro. We won’t even get into the E3 conference that happened yesterday, except to say that if you’re purchasing an Xbox One or PS4 for your kids this year, note that the more-expensive Xbox One may prevent them from playing used games....

FindLaw columnist Eric Sinrod writes regularly in this section on legal developments surrounding technology and the internet. Most of us are aware that our personally identifiable information, like our credit card numbers, are at risk when retailers are hacked. However, there may be even greater risks. Indeed, the U.S. government has issued a recent warning about a hacking campaign targeting nuclear and energy sectors. According to a Reuters article, in recent months hackers have utilized phishing emails in an effort to “harvest credentials” in order to gain access to networks at nuclear and energy targets....

After seven years at one firm, an attorney realized it was time to move on. The reason: the firm’s chief rainmaker was no longer bringing in business – because he died. Soon after, the law firm expired as well. It’s a snapshot of the law business that every lawyer has seen one way or another. It also illustrates how the traditional law firm may be going the way of the dinosaur....

Armani has been making headlines recently, but it’s not because of New York Fashion Week. Instead, the Italian fashion house is accused of something very unfashionable: discriminating against its general counsel and then firing him when he was diagnosed with cancer. Fabio Silva, Armani’s ex-GC, is currently suing the company for $75 million, claiming he was subject to anti-Mexican discrimination and retaliation when he complained. His suit also claims he was fired just minutes after informing the company he had cancer....

In a decision penned in late May, the First Circuit ordered the release of a limited amount of interviews from the “Belfast Project” to the British authorities. The “Belfast Project” is a Boston College compilation of personal interviews and testimonials from former Irish Republican Army members, and in 2011 the British government successfully subpoenaed BC for 85 of those taped interviews and transcripts for a criminal investigation. The Court only released 11 of the interviews, in an interesting conflict of United States-United Kingdom treaty and academic integrity....

Sex sells, but that doesn’t make prostitution legal. That’s a quick summary of Erotic Service Provider Legal Education and Research Project v. Gascon. The case drew a lot of attention – because the plaintiff sued to legalize prostitution – but the world’s oldest profession was outlawed long ago. The U.S. Ninth Circuit Court of Appeals said there’s no fundamental right to engage in prostitution – at least not in California....

You’ll recall that back in September, Judge Carl Barbier laid out a comprehensive, 153-page order filled with 111 pages of facts that concluded BP was grossly negligent in the operation of the Deepwater Horizon offshore drilling rig, leading to the largest marine oil spill in history. BP petitioned Barbier to reconsider his finding of gross negligence (after being caught manipulating the line spacing to get more words into a brief). In a November 13 order, Barbier declined to amend his giant order....

The Eleventh Circuit Court of Appeals upheld Georgia’s “beyond a reasonable doubt” standard for proving mental disability in capital crime cases on Tuesday. In a 110-page opinion, the divided circuit reasoned that the Antiterrorism and Effective Death Penalty Act required the court to affirm the Georgia death penalty standard - even if the court believed the standard was “unwise or incorrect - because there is no “clearly established” standard in Supreme Court precedent or federal law regarding the burden of proof for mental retardation claims....

Few legal words are quoted as often as, nor as loudly as, the term “objection.” It is easily the best legal term to physically exclaim while simultaneously standing up and slamming your hand, a yellow-pad, or both hands, on the table … never done that? I recommend it. Right now. It doesn’t matter if there’s no one else in the room, it’s still fun (arguably more). And in the courtroom, at deposition, and even on paper, using the word is not only important, it’s amusing....

Please, please keep track of your employees’ hours. You don’t want to suffer the same fate as LinkedIn, which has agreed to pay $6 million in unpaid overtime and damages to employees in California, Illinois, Nebraska, and New York. It’s not entirely clear from the Department of Labor press release (or either Reuters or AP stories) what exactly happened at LinkedIn. We do know that hourly (“non-exempt”) employees – who must be paid 1....

Did you know recent statistics show that three out of four Americans use the internet regularly? This number includes individuals who often turn to the web first when looking for legal representation and may be looking for someone with your type of legal expertise. On Thursday, October 28, FindLaw.com will present a free webinar on the best ways to market your firm to these potential clients. Two expert speakers will take participants through the one-hour webcast, covering the basics of effective online legal marketing....

What’s more embarrassing than a big-screen fail at a product launch? You know the kind, like when Steve Jobs watched his giant iPhone meltdown in front of developers years ago? It became a YouTube favorite. Rest in peace, Mr. Jobs, Samsung did you one better. The Apple rival unwittingly announced a fake partnership at a product launch in China. Supreme Fail Samsung said it had partnered with Supreme, a skateboard fashion brand, and then introduced the company’s chief executive officer....

SFM Holdings, Ltd. v. Banc of Am. Secs., LLC, No. 07-11178, concerned an action against an investment bank, claiming damages due to violations of federal and state securities laws, breach of fiduciary duty, and constructive fraud. The court of appeals affirmed the dismissal of the complaint, holding that 1) the district court properly relied on an agreement outside the pleadings because it undeniably determined the terms of the relationship between the parties; and 2) the agreement explicitly stated that defendant was not acting as an adviser or fiduciary to plaintiff....

Simple enough, right? Miami Beach cops got a signed, written tip that drug dealing was occurring in an apartment occupied by Janet Feliciano, Edgardo Gonzaga, and their children. Officers acted on the tip and paid them a visit. They then forced entry and searched the apartment, including Feliciano’s underwear drawer and kitchen pantry. The search didn’t lead to any convictions. In fact, it only led to a lawsuit. The officers moved for summary judgment on the Fourth Amendment claim, citing qualified immunity....

The American with Disabilities Act (ADA) has mandated reasonable accommodations for disabled citizens since 1992. Among the protections the ADA affords? Accessible sidewalks. In Arlington, Texas, however, accessible sidewalks don’t seem to be a priority. That’s why Richard Frame, a quadriplegic, sued Arlington in 2005, alleging that the city had violated ADA Title II by building or altering sidewalks and curbs without making them accessible. A district court dismissed the case because Frame waited too long after the work commenced to bring his claim....

Networking isn’t just for job-seekers. In-house counsel can also benefit by making connections that can work for your daily practice in more ways than one. For example, you can network with in-house counsel at other companies to share ideas and talk shop. You can also use networking to reinforce ties with your company’s non-legal employees, so they’ll feel comfortable coming to you when legal issues arise. There are so many tips out there about how to make networking work....

FindLaw columnist Eric Sinrod writes regularly in this section on legal developments surrounding technology and the Internet. Social media no longer is the province of only those who are college-aged or younger. Indeed, businesses of all types now seek to capitalize on social media connections, and law firms are no exception. Many firms now have their own Facebook pages, for example, and many lawyers are seeking to attract attention through a variety of other social media sites such as LinkedIn and Twitter....

Some things are best left unsaid. At least attorney Christine M. Mire should have kept her criticism of a judge to herself, according to the Louisiana Supreme Court. In appellate pleadings, Mire had accused a trial judge of tampering with a court recording that allegedly obscured the judge’s connection to a litigant in the case. Based on those pleadings, the state disciplinary council accused her of ethics violations. The Louisiana Supreme Court, in a split decision, suspended Mire’s license to practice for one year and one day with six months deferred and two years of probation....