Featured Columns

Courts Must Do Better Regarding the IDEA and Mental Health

Kevin A. Golembiewski and David J. Berney | March 26, 2015

On Dec. 14, 2012, Adam Lanza killed 28 individuals, including school children and teachers, before taking his own life at Sandy Hook Elementary School in Newtown, Connecticut, in one of the deadliest mass shootings that this country has ever witnessed. The Child Advocate of Connecticut, the state agency that was charged with investigating the incident, reported that Lanza had been suffering from mental health issues throughout his educational career but had received "minimal" supports from his various schools to address such issues. The Child Advocate concluded that this failure amounted to a "lapse" in the education system's response to Lanza's needs.

In-House Counsel

  • Four Ways to Improve Cybersecurity Via Corporate Culture

    By Jason Straight

    Recent high-profile data breaches at large corporations like Sony Corp., Target Corp., JPMorgan Chase & Co. and The Home Depot dispel a persistent fallacy about cybersecurity—that protection of data is a technical problem for the IT department to solve. Many companies already have ramped up spending on technology and IT staff to protect their data, yet there’s little evidence that such a strategy alone is sufficient to address the risks. Often it is not until a major incident occurs that other business stakeholders—most notably the legal department—recognize the full impact a data breach can have on an organization.

  • Managing Psychiatric Disabilities in the Workplace

    By Teleicia J.R. Dambreville

    The National Institute of Mental Health estimates that one in five people will experience a psychiatric disability during their lifetime. With the prevalence of mental impairments, employers are often confronted with the complex issue of managing employees with psychiatric disabilities. Employees suffering from a qualifying psychiatric disability, such as bipolar disorder, schizophrenia, depression or anxiety, are protected from workplace discrimination by Title I of the Americans with Disabilities Act. Employers must be cautious not to run afoul of the ADA's anti-discrimination provisions once they become aware of an employee's psychiatric disability.

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Young Lawyer

  • Pennsylvania's Judiciary Needs an Injection of Youth

    By The YL Editorial Board

    On Nov. 24, 2014, California Gov. Jerry Brown announced his plan to appoint attorney Leondra Kruger to the California Supreme Court. Brown described Kruger as a "distinguished lawyer," an obvious reference to her work within the U.S. Department of Justice's Office of Legal Counsel and Office of the Solicitor General, and her work as a law clerk for Judge David Tatel of the U.S. Court of Appeals for the D.C. Circuit and Justice John Paul Stevens of the U.S. Supreme Court.

  • It's Time to Make the Effort to Build Your Network

    By Dena Lefkowitz

    Relationships have always been important to me. My natural inclination is to maintain them. It follows that I am still in touch with people from grade school on, professors I had in college and law school, employers, co-workers and friends I have met along the way. I didn't think of them as my "network" when we were in the school yard or having beers after taking the bar examination. But who can better attest to your character, competence and capabilities than the people who have known you, taught you, worked beside you and employed you?

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Employment Law

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Business of Law

  • Eight Creative Ways for Law Firms to Get Client Feedback

    By Shilpa Malik

    In nearly every industry, customer feedback is an effective way to illustrate a company's ethos, bolster its track record, and offer prospective clients a glimpse of the organization as a whole. Law firms, in particular, rely heavily on this measure to entice new clients and broaden their social presence. Client feedback is also beneficial in identifying areas requiring attention. That is, where can your firm improve in its customer service and other service offerings? Take a moment to consider your firm's clientele.

  • Suggestions for How to Work Smarter, Not Harder: Part III

    By Frank Michael D'Amore

    "No one ever said on his deathbed: 'I wish I spent more time at the office,'" Harold Kushner said.

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Litigation

  • Injunction Barring Parallel State Class Action Rejected

    By Frank P. Trapani and Peter J. Kreher

    There is a split of authority over whether a federal district court that has preliminarily approved a class action settlement may enjoin class members from pursuing related litigation pending final approval of the settlement. In a recent opinion authored by Judge Frank Easterbrook, the U.S. Court of Appeals for the Seventh Circuit entered the fray and held emphatically that federal district courts lack the power to issue such injunctions, at least with respect to litigation pending in state court.

  • Who Decides Res Judicata and Collateral Estoppel in Arbitration?

    By Abraham J. Gafni

    Litigating parties recognize that both res judicata (claim preclusion) and collateral estoppel (issue preclusion) apply not only to court decisions but to those of an arbitrator as well.

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All Columns

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