Featured Columns

Avoiding Vicarious Liability for Accident Resulting From Delivery

Craig R. Tractenberg | August 28, 2015

The medical bills exceeded the available insurance by $1 million, and the pain and suffering claim would be a multiple of the bills. The defense lawyers were at a loss on how to prevent the excess claim. Insufficient funds exist to cover this loss, and the franchise lawyers needed to go to work.

In-House Counsel

  • Three Ways to Trim Self-Inflicted Harm in Internal Probes

    By Frank E. Emory Jr. and Ryan G. Rich

    When not conducted carefully, internal investigations can cause more harm than good. Deciding to investigate a suspected problem is only the first of several key determinations. The responsible executive must plan and execute the investigation deliberately to avoid self-inflicted harm. An organization can protect itself—while still conducting an investigation that is confidential, full and fair—only by carefully thinking about how best to uncover the alleged wrongdoing or compliance issues. Here are three rules for a company to keep in mind to minimize self-inflicted injury from an internal investigation.

  • Launching a Recoveries Unit Can Change a Law Department

    By Wendy L. Rubas

    A successful recoveries unit is a game-changing program for a general counsel, turning the legal department from a cost center to a revenue-enhancing operation. Tired of feeling like a drain on the organization and dreading the budget updates, I recently sought to develop a new way to align my legal department’s work with the financial goals of the organization. The result exceeded my expectations. Here are some of the key lessons I learned along the way.

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Young Lawyer

  • Tips for Developing Self-Confidence So You Can Flourish

    By Dena Lefkowitz

    Last month, I wrote about the rising recognition of emotional intelligence as a key factor in successful leadership using the new movie "Inside Out" to illustrate points about anger and self-management. Now, I turn to "The Sound of Music" for an assist in addressing another competency of emotional intelligence: self-confidence. In the movie, young novice Maria tentatively begins her journey to be governess to seven children. She has no experience and is forced to leave everything she knows. In the song "I Have Confidence," Maria sets her intention for how to handle the new situation, telling herself that she will stop self-doubting, be firm but kind, face her mistakes, and earn respect, adding that, "While I show them I'll show me." The "me" part is key. In this way, Maria employs positive self-talk to overcome her lack of courage, acknowledging that the most critical person in the self-assurance equation is herself. So when she later encounters obstacles—the heavy gates of the mansion she must physically push open, coldness of staff members, pranks played on her by the children and her seemingly cruel new boss—she need only look within for confidence.

  • Transitioning From Being a Summer to an Associate

    By Jamie R. Schumacher

    Transitioning from your position as a summer clerk, summer associate or intern into a position as an associate may seem daunting, exciting, seamless, overwhelming or a combination of all of the above. No matter your emotional state, take comfort in the fact that it is completely normal. Remember, you already have a leg up after spending a summer or two with a firm. Despite this comfort from familiarity, there are five key differences to consider.

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Business of Law

  • 10 Non-Legal-Related Podcasts, Apps and Websites That Provide Balance: Part 1

    By Frank Michael D'Amore

    In several past columns at this time of year, summer reading lists have been offered. Most of those have contained recommendations that are business and law industry-centric. This year, I take a different tack, as I think there is considerable value in also enriching your mind and soul by consulting some non-legal-related sources. Doing so not only can provide important balance, it also gives a different perspective, which is sometimes useful in problem resolution, as answers are not always reached in a linear fashion.

  • Five Things an Associate May Not Tell Partners in Their Firm

    By Frank Michael D'Amore

    This month's column is the second in a series that examines "five things" that various key people in the practice of law may not volunteer to their most interested audience. I analyze five things that associates are unlikely to tell partners in their firms.

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Litigation

  • US Supreme Court Weighs in on Threats Over Social Media

    By James W. Cushing

    The new reality of social interaction includes the popular, and seemingly always proliferating, social media websites like Facebook and Twitter. Considering the increasing ubiquity of social media, it was only a matter of time before the U.S. Supreme Court would weigh in on its use, which it had the opportunity to do in the matter of Elonis v. United States, 135 S.Ct. 2001 (2015).

  • Rights and Obligations of Nonsignatories in Arbitration: Part II

    By Abraham J. Gafni

    Generally, a party that has not consented to arbitration may not be forced to submit to it.

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