When you bring someone onto your team, whether they’re an attorney or legal secretary, you’re making an investment. And you want to make sure you get the most out of it. That means not only finding great candidates, but keeping your top talent around. But hanging on to top talent isn’t easy. About a quarter of all employees are actively looking to change jobs, and talented ones should have no problem finding a new place to work....
The ACLU has filed an appeal to the Fourth Circuit in a case involving Gavin Grimm, a transgender student who has sought to overturn a ban against his use of the boys’ bathroom at his school. The Gloucester County Public Schools (GCPS) in Virginia put into practice a rule that has the effect of keeping Grimm out of the boys’ bathroom, even though he identifies as male. The ACLU has described the practice as a discriminatory bathroom policy, and has also claimed that the policy is in violation of Equal Protection and Title IX of the U....
McCullough v. US, No. 09-13724, involved an action claiming medical malpractice by a Veteran’s Administration hospital. The court of appeals affirmed summary judgment for defendant, on the ground that plaintiff’s administrative claim was filed more than two years after he knew that his paralysis was caused by a spinal abscess that may have resulted from an operation performed at the hospital. As the court wrote: “Days before routine scheduled hernia surgery, Samuel McCullough (“Mr....
FindLaw columnist Eric Sinrod writes regularly in this section on legal developments surrounding technology and the internet. When we think of addictions, we typically think of alcohol and drugs. But, are many of us addicted to the internet? The answer apparently is a resounding “yes.” Indeed, according to a study conducted by scientists in Italy and the United Kingdom, habitual internet users often experience heightened heart rates and blood pressure when they go offline....
Many clients seek a lawyer’s help at the darkest times of their life. They may be dealing with chronic illness, going through a contentious custody battle, fighting foreclosure, or facing prosecution and potential imprisonment. It’s unsurprising then that some of these clients would struggle with feelings of depression or suicide. How should an attorney react to a suicidal client? What can an attorney ethically reveal and what liability might attach to an attorney’s acts or omissions?...
A new phishing scheme to be on the look out for, one which is stealing millions from American companies and making headlines for its sophistication. This new threat to your cyber security adds a twist to traditional schemes: using live, human operators who fraudulently obtain your information during mock customer service calls. The scam, labeled “Dyre Wolf” after the extinct and often mythologized predator, was discovered early in April by IBM....
Cinco de Mayo is celebrated with varying degrees of excitement that vary across geographic and generational lines. In most colleges, you can bet that the student population will use the day as an excuse to take a cue from the “most interesting man in the world.” While folks of an older (wiser) age, may just enjoy some chips and salsa. As an employer of people from various backgrounds and ages, you may want to disclose up front what you expect on this festive day....
Title VII doesn’t guarantee a work environment characterized by civility or charm. It won’t atone for a “world-class trash talker and the master of vulgarity in an environment where these characteristics abound.” Last week, the Fifth Circuit Court of Appeals reiterated that Title VII merely prohibits discrimination with respect to employment compensation, terms, conditions, or privileges based on race, color, religion, sex, or national origin. The Equal Employment Opportunity Commission (EEOC) brought a Title VII case against Boh Brothers Construction Company on behalf of Kerry Woods, a male construction worker on an all-male crew....
We lawyers are problem solvers. And as any problem solver knows, the best time to deal with any problem is tomorrow. For clients facing criminal charges that don’t require remaining in physical custody, this is often a welcome tactic, as the longer a case is delayed, the longer they can remain un-incarcerated. In civil matters, the math that goes into weighing the value of delaying is much different. Fortunately, the recent Epstein debacle out of the Southern District of Florida provides an excellent example to analyze....
Do IT workers deserve overtime pay? The answer to that question may vary depending on if you’re an employee – or the employer. And it’s an issue that has worked its way into legislation. A new bill seeks to eliminate certain IT workers’ ability to earn overtime. It’s not too surprising that certain high tech firms support the recently-introduced bill. These companies include heavyweights such as IBM and Intel. They believe that the statutory update is necessary in order to keep jobs stateside....
While copying another law firm’s marketing strategy or idea might not be the sincerest (or most welcome) form of flattery, it can certainly be a boon for firms that struggle with their own marketing. But when you see a law firm marketing itself in a way you wish you had thought of first, don’t just settle for doing the same thing. Take some time and brainstorm on how to do it better, or a different way, that will be more in line with your practice....
He’s no Nasir Jones, but we’ll give him the benefit of the doubt. After all, these lyrics by “Real Threat” (real name Vonte Skinner) were draft lyrics, found in a notebook in his car. They were also used to convict him of an attempted murder of a fellow drug dealer, one who fingered Skinner as the culprit. “I’m the n***a to drive-by and tear your block up, leave you, your homey and neighbors shot up, chest, shots will have you spittin’ blood clots up....
Many Americans know that Washington’s Mt. St. Helens produced the deadliest and most destructive eruption in U.S. history. But relatively few know that Oregon’s Newberry Crater has spewed out 20 times more volcanic material than Mt. St. Helens. That’s because it last erupted 1,300 years ago and its activity spanned 600,000 years. And in the shadow of these volcanic eruptions, another heated exchange has endured for generations: the battle between skiers and snowmobilers for fresh snow....
If you get ghosted by a client, there’s not much to say. Literally, it means the client is not talking to you anymore. No call-back. Nothing. Like a ghost. There’s not a lot you can do about it, either; that’s why getting ghosted hurts. But here are some things you can do to make sure it doesn’t keep happening. Dear Abby First of all, ghosting is really a heartless tactic of ex-friends or ex-lovers who abruptly dump others....
Kidding. Introductions Introduce the lower ranking person to the higher ranking person. For example, “Mr. President, may I introduce Mr. General Counsel.” Introduce a person from your company to a person outside of it: “Ms. Outside Patent Counsel, may I present Mr. General Counsel.” Some people are touchy about introductions. If you’re afraid of getting it wrong, you can say “let’s all introduce ourselves” and let them battle out the order of introductions....
In the Disney classic Steamboat Willie, Mickey plays a variety of musical “instruments” – a goat for a grinder’s organ, a duck for bagpipes, a bull’s teeth for a xylophone – to orchestrate the folk song Turkey in the Straw. It’s always been funny, but it is ironic now because the song fell into the public domain more than a century ago. It looks like the film is finally headed for the same fate....
In the criminal justice system, a technical difficulty can have life-or-death consequences. A botched execution. A false arrest. It happens more than you might think. And the more the system relies on technology, the more likely the error. As one future cop said, people are going to jail who have broken no law. So is tech ruining criminal justice, or it is just a glitch in the system? Relying on Tech Court watchers say the criminal justice system is relying on tech to do its job, and that’s making everything worse....
FindLaw columnist Eric Sinrod writes regularly in this section on legal developments surrounding technology and the Internet. Businesses want to know whether they are potential targets for security breaches, and if so, they seek to identify the types of electric records that may be at risk. The Trustwave 2012 Global Security Report sheds some light on these concerns by identifying top data-security risk areas. Highlights of the report include the following findings:...
District court’s denial of defendant’s petition for habeas relief is affirmed where: 1) defendant is barred from litigating his procedurally defaulted jury instruction claim; 2) defendant’s claim of ineffective assistance of counsel is rejected; and 3) defendant did not present his Sixth Amendment claim, the scrap of paper, fairly and recognizably to the state trial court. Read Janosky v. St. Amand , No. 09-1012 Appellate Information Appeal from the United States District Court for the District of Massachusetts...
They say “diamonds are forever,” but not so for general counsel. Last week, Tiffany announced that Patrick B. Dorsey, Tiffany’s general counsel and secretary will retire, effective May 22, 2014. That’s not all, Princeton University is also losing its general counsel – and the position is not yet filled. Looking for a new job in New Jersey anyone? Tiffany’s Patrick Dorsey has been general counsel for 29 years, and Tiffany Chairman and CEO, Michael J....
