Featured Columns

Simplifying Documents: A Paperless Life and Law Firm

Johan T. Widjaja | January 29, 2015

I detest any physical mail I get in my mailbox, at home or at my firm. What is the point? I get most of my news online, use online or automated bill pay, and ignore promotional materials. I get important messages via email and manage them separately. Paper documents are clunky, they take up a lot of space to store and the information in them is hard to manage or share.

In-House Counsel

  • Plan and Respond to Protect Against Retaliation Claims

    By Teleicia J.R. Dambreville

    Retaliation claims are the most common employment-related suits filed with the U.S. Equal Employment Opportunity Commission. Since 1997, retaliation claims have been on a steady rise, and in 2013, such claims made up 41.1 percent of all charges filed with the EEOC, according to its own statistics. Because all of the laws enforced by the EEOC, which prohibit discrimination in employment, also prohibit retaliation in any aspect of employment, employers are highly susceptible to retaliation claims. Employers must take proactive steps to train managers, supervisors and human resources personnel to protect themselves against the ever-increasing liability of retaliation lawsuits.

  • Understanding Ethics and Obligations Regarding Global Big Data

    By Tara Lawler and Laura Kibbe

    It is a basic tenet of professional responsibility that lawyers obtain sufficient proficiency to ensure competent representation of their clients. The challenge in today's world of Big Data and corporate globalization and outsourcing of IT infrastructure is that the level of technological proficiency required is not always clear. Understanding your obligations and establishing defensible processes will be necessary to fully demonstrate competence in discovery should an issue arise.

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Young Lawyer

  • Identifying and Improving on the Positives in Your Career

    By Dena Lefkowitz

    When we think about what we want to accomplish in the coming year, we generally focus on how we want to change ourselves, what we didn't like about our behavior last year and maybe even what we did wrong. While I am always in favor of a conscious effort to improve, I am going to suggest that it is extremely worthwhile to devote some time to identifying what worked really well last year, where you excelled and what you're doing that you would like to see more of.

  • Working to Advance Your Career While Raising a Family

    By Jennie Philip

    Recent statistics, as reported by The Legal, indicate there has been no movement in the percentage of women lawyers practicing in this state's 100 largest law firms in the last 10 years. Undoubtedly, a confluence of factors contributes to this sobering fact, which is the subject of another article completely. Many articles in this category often focus on the reason why women leave the profession. I'd like to offer a tiny glimpse of why I chose to stay.

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Employment Law

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Business of Law

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

    By Frank Michael D'Amore

    The American Dream was built on a foundation of hard work and that ethos still permeates our business world. In fact, if things come too easily, observers' eyebrows will be raised askance and even the doer may feel guilty due to not having broken a sweat.

  • 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.

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Litigation

  • Is Deletion of a Key Document After Notice Spoliation?

    By Michael T. Murphy

    A recent spoliation sanctions decision from the Eastern District of Pennsylvania shows that reasonableness, not perfection, is the standard with respect to document preservation obligations. That decision, by U.S. District Judge Harvey Bartle III of the Eastern District of Pennsylvania, found that an insurance company's automated deletion of a key document pertaining to a notice of the termination of a written insurance policy four days after it received a claim on that policy did not constitute spoliation.

  • Enforceability of Arbitration Clauses in Engagement Agreements

    By Aya Salem

    Often said to be a more cost-effective method for litigating cases, many law firms and attorneys are now including arbitration clauses in their attorney-client contracts and engagement letters. A look at recent cases dealing with the enforceability of arbitration clauses shows that while arbitration itself may be cost-effective and straightforward, litigating the legality or applicability of arbitration clauses can prove time-consuming and expensive. Certain considerations, however, can help reduce that cost and time.

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All Columns

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