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April 04, 2011 |

Spot Concerted-Activity Issues in the Workplace

To help managers avoid running afoul of the law, company lawyers need to know what constitutes protected concerted activity by employees under the National Labor Relations Act, 29 U.S.C. §151, et seq.
4 minute read
June 27, 2005 |

Immigration Law

Stanley Mailman, of counsel to Satterlee Stephens Burke & Burke, and Stephen Yale-Loehr, of counsel at True, Walsh & Miller, write that all legislation has winners and losers. From the perspective of most immigrant, civil liberties, and bar groups, the REAL ID Act of 2005 is a real disaster.
8 minute read
June 04, 2008 |

Lessons From a Hotel Lobby: Ask Wise Questions Before Terminating Employees

In 1975, Michael Maslanka dropped out of college and worked as a hotel desk clerk. Maslanka is an employment lawyer now, but he's never forgotten the lessons he's learned from his hotel boss. Here's one of the lessons that will help corporate counsel when it comes to deciding whether to impose the equivalent of capital punishment in employment: termination. It starts with what Maslanka calls "principled compassion" and the questions to ask to find if termination is warranted.
5 minute read
May 01, 1999 |

Killing Me Softly

Greg Aharonian is the patent community's angry middle-aged man. Every few days, he publishes the Internet Patent News Service, a free e-mail bulletin. Aharonian thinks that the U.S. Patent and Trademark Office is incapable of knowing what is truly inventive in software. So it issues way too many bad, overly broad software patents. And these patents -- more than 20,000 a year -- threaten to disrupt commerce by blocking competitors from promising markets.
6 minute read
June 16, 2008 |

What I Learned in a D.C. Hotel

We think we shape life. That's wrong. Life shapes us. All readers know how they first learned this. Here's my story, one that will help corporate counsel when it comes to deciding whether to impose the equivalent of capital punishment in employment: termination.
5 minute read
December 31, 2002 |

Silence Is Golden

Houston-based Vinson & Elkins and Chicago's Kirkland & Ellis both provided legal advice necessary for Enron executives to allegedly orchestrate a fraudulent scheme to enrich themselves at the expense of Enron shareholders, and both were named as defendants in the shareholders' class action. But Kirkland has been dismissed from the suit; Vinson & Elkins has not. The difference? Kirkland was able to keep quiet.
6 minute read
January 24, 2007 |

Legal Wrangling Stalls 9/11 Workers' Suits

More than five years after terrorists took down the World Trade Center, the stalemated litigation over compensation for workers who suffered respiratory ailments clearing the disaster site has been so hard-fought that not a single case has been settled under a $1 billion captive insurance fund established by the federal government. At a recent status conference, Southern District of New York Judge Alvin K. Hellerstein said he was determined to put the city's "feet to the fire" and "move this case."
9 minute read
May 08, 2006 |

Alito, in First Opinion as a Justice, Backs Criminal Defendants' Right

Justice Samuel Alito Jr. penned his first opinion on the Supreme Court last Monday, holding that states may not prevent criminal defendants from introducing evidence at trial that another person committed the crime.
4 minute read
August 13, 2007 |

Internet Sources: Authentication & Admissibility

With such daily reliance on Web sites, the substance of which may not be verifiable, it is not surprising that issues of evidentiary authentication and admissibility of Internet sources under the Federal Rules of Evidence are coming under judicial review. The reliability of information contained on a large number of sites and the ability of sites, whether completely accurate or not, to shape certain perceptions have given rise to questions about dependability in a legal context.
9 minute read
November 24, 2008 |

Aim Before Firing: Apply Principled Compassion to Termination Decisions

We think we shape life. That's wrong. Life shapes us. All readers know how they first learned this. Here's my story, one that will help corporate counsel when it comes to deciding whether to impose the equivalent of capital punishment in employment: termination.
5 minute read

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