Featured Columns

Executive Action a Small Step Toward Business Immigration Reforms

Rohit Kapuria | December 17, 2014

Polls agree that a majority of voters believe the U.S. immigration system is an increasingly broken set of rules that is failing American families, businesses and communities. Yet, it has been almost two decades since the last major reform to the country's immigration laws was enacted. There has also been little hope that Congress would ever pass a reformation bill anytime soon.

In-House Counsel

  • The Crime-Fraud Exception to Attorney-Client Privilege

    By Hayes Hunt and Michael P. Zabel

    The crime-fraud exception to attorney-client privilege: As an attorney, you may not anticipate it applying to your emails, your letters or your advice to your client. But even if you never see it coming, your client's intentions in obtaining legal advice may expose your communications to disclosure. A law firm is experiencing this problem firsthand in a series of high-profile cases involving Facebook, Mark Zuckerberg and a former business partner. The cases present an interesting study in how the crime-fraud exception can operate.

  • Requiring Employee Confidentiality in Internal Investigations

    By Nina Markey

    Employers conducting internal investigations often seek to keep the information they obtain confidential for a variety of reasons. Employers may be concerned that they will lose control of the process, witness credibility may be affected by employee disclosures, witness intimidation may occur, someone may improperly use confidential information discovered during the investigation, or someone will report conduct externally before the employer can collect all of the relevant evidence and information. Employees may also fear retaliation when they participate in an investigation, and the promise of confidentiality encourages employees to come forward. Indeed, Equal Employment Opportunity Commission (EEOC) enforcement guidance instructs employers to protect the confidentiality of harassment allegations to the extent possible.

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Young Lawyer

  • Issues Young Attorneys Should Consider When Drafting Contracts

    By Matthew R. Lasek

    While it may take years to learn all the nuances and potential pitfalls involved in drafting a legal document, here are a few tips that may help new attorneys avoid an embarrassing conversation about their drafting:

  • Be Thankful for the Good Things, Young Attorneys

    By Michael J. Joyce

    The holiday season can be hectic for any person, but especially for young lawyers undertaking their year-end push to make their numbers, close deals for eager clients closing their annual books and clear litigation to ensure a fresh start for the following fiscal year. With the constant blare of drummers drumming, the distracting crackling of chestnuts roasting, and the consistent toiling over the next suitable location for a certain elf who often finds himself on shelves, the holiday season can throw serious curveballs into the already difficult work-life balance for young lawyers. November and December of each year often offer the perfect storm of increasing commitments at home with family and friends, and increased activity at the office. Being pulled in so many directions can leave young attorneys exhausted and jaded, and completely oblivious to the potential joys of the holidays.

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Employment Law

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Business of Law

  • Three Tips for Senior Lawyers on Resumes, Tech and Networking

    By Frank Michael D'Amore

    In some societies, more senior members are celebrated, if not revered, due to their age. Respect comes automatically, especially since wisdom, among other things, is rightfully ascribed to those who have spent longer periods on the earth. This had been the case in the legal profession, also. More seasoned lawyers were treated as senior statesmen, were sought out as mentors, and were well taken care of as their careers wound down.

  • Five Essential Components to Becoming a Winning Lawyer

    By Frank Michael D'Amore

    I was surprised when someone recently pointed out that this column has now entered its 10th year of publication. Time certainly marches on at an inexorable pace.

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Litigation

  • A Look at Past, Present and Future of Pelvic Mesh Litigation

    By Shayna T. Slater

    The transvaginal mesh litigation has been ongoing for several years now but the end may be in sight (or at least visible with a telescope).

  • Can an Arbitrator Raise the Statute of Limitations Sua Sponte?

    By Charles F. Forer

    The answer to Bob's arbitration demand included a laundry list of affirmative defenses: waiver, estoppel, license, statute of frauds, immunity, release, statue of limitations, duress, accord and satisfaction, laches, res judicata, and so forth. Didn't the respondent's lawyer read the demand? How does the statute of frauds apply in a case where the claimant seeks relief under a contract that both parties indisputably signed? And the respondent is a Fortune 500 company. Can it claim "duress" with a straight face? Bob scratched his head and chalked his adversary's "strategy" up to habit. Bob figured his adversary copied and pasted the same affirmative defenses into every answer no matter what the arbitration demand said.

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All Columns

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