Labor & Employment Professional Practice

Read need-to-know updates, commentary, and analysis on Labor & Employment issues written by leading professionals.
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Conducting a Fair Workplace Investigation

Every employment attorney at some point will be asked either to conduct or assist with a workplace investigation. Attorneys taking on this role will need to act as a neutral fact finder and refrain from zealous advocacy, a...more

Why Does BigLaw Have So Few Black Partners?  [Video]

June 3, 2014 (Mimesis Law) -- Aric Press, editor-in-chief at ALM, talks with Lee Pacchia about a recent survey released by The American Lawyer that shows large law firms struggling to recruit black lawyers and promote them to...more

Friedman: Abramson Dismissal a 'Teachable Moment' for Companies  [Video]

May 27, 2014 (Mimesis Law) -- Gary Friedman, partner in Weil, Gotshal & Manges LLP's National Employment Litigation group, talks with Lee Pacchia about the recent firing of New York Times Executive Editor Jill Abramson. The...more

New Program Helps Women Lawyers Return to BigLaw  [Video]

May 23, 2014 (Mimesis Law) -- Just when they thought they were out, this program brings them back in. Caren Ulrich Stacy talks with Lee Pacchia about founding OnRamp Fellowship, a program that matches women attorneys who left...more

Decision Time: Patton Boggs Partners Mull Merger With Squire Sanders  [Video]

May 21, 2014 (Mimesis Law) -- Beleaguered after years of carrying too many lawyers and not enough work, law and lobbying firm Patton Boggs has tried and failed several times to merge with another law firm. Casey Sullivan, law...more

Supreme Court "SOX" it to Employers by Extending Statute's Whistleblower Provision to Private Contractors of Public Companies

On March 4, 2014, the U.S. Supreme Court issued a decision in Lawson v. FMR LLC expanding the class of persons protected under the anti-retaliatory provisions set forth in the Sarbanes Oxley Act of 2002 ("SOX"). The Court...more

California District Court Rejects FLSA Settlement Due to 78% Fee Award

Without settlements, class action litigation would likely grind the work of our nation’s courts to a halt. One impediment, however, to settlement in many cases is the amount of attorney fees. Particularly in smaller cases, or...more

Three Keys to Preparing for Plaintiff’s Deposition in an Employment Case

Perhaps more in an employment case than in other types of litigation, the credibility of the plaintiff is the critical factor that will lead to the success or failure of the case. This blog anticipates the three avenues a...more

Employment Law update newsletter from DKLM LLP (UK)

UK Employment Law Update – October 2013 Following on from the recent costs litigation between Lord Sugar’s company and 2010 Apprentice winner Stella English, this employment law update includes a Q&A about the costs regime...more

Q&A - Costs in the UK Employment Tribunal

A short Q&A about the costs regime in the UK Employment Tribunal

A short Q&A about the costs regime in the UK Employment Tribunal by leading UK law firm DKLM LLP. ...more

Ideas and Advice for Demonstratives In Employment Litigation

I recently had the pleasure of giving a presentation on demonstrative graphics for the State Bar of California’s Employment Law Division in San Francisco. In giving this presentation, I wanted to make sure it was not simply...more

Law and Disorder: Rethinking Retirement Planning for Plaintiff's Lawyers - The Best of Qualified and Non-qualified Planning...

Overview - We have all heard our share of lawyer jokes. From War of the Roses - "What do you call a bunch of attorneys at the bottom of the ocean"? Answer - A good start! Everybody hates lawyers except their own and...more

A short introduction to UK employment law for Chinese Businesses

A short introduction to UK employment law for Chinese Businesses This note sets out a précis of some of the issues that Chinese businesses may wish to consider when establishing, or furthering, a commercial presence in the...more

Timeline Design for Litigation: When to Use a Static Timeline

“I need a timeline.” This is how litigators often start in asking for legal graphics. This start to the graphics conversation makes sense because timelines are perhaps the most common type of legal graphic, and the most...more

Zimmermann: Law Firm Partner Layoffs Should Be Routine [Video]

July 11 (Bloomberg Law) -- Strong law firms routinely lay off partners, having adopted the General Electric model of annually dismissing those individuals who are under-performing their colleagues, law firm consultant Kent...more

How to Escape PowerPoint Video Hell

I’ve been thinking a great deal about PowerPoint recently, and not in a good way. At Cogent Legal, we have been working hard on a number of cases that involve extensive use of PowerPoint for the client, and I often feel that...more

Execution on Judgments in Arizona

Execution of a judgment is a process where the sheriff or constable seizes property of a judgment-debtor and then sells that property at a public sale. The money realized from the sale is then used to reduce the balance of...more

Handling Aging Accounts

In most cases, the longer an account sits past due, the more difficult it is to collect. Thus, it is important for businesses to closely monitor their aging accounts. ...more

How Interactive Timelines Build and Strengthen Opening Statements

Employment, business and personal injury cases are ideally suited for laying out the facts in chronological order to enhance jury understanding. we generally recommend attorneys start with an interactive timeline that shows...more

How Graphics Help the President Persuade and Can Help Attorneys Too

In this post, I show some examples from the State of the Union Address that might help attorneys improve their own use of charts and graphs in litigation. Visualizing and presenting data in an engaging, persuasive way is...more

Washington Court Weighs in on Privilege Waiver & What Is Opposition Activity

In Lodis v. Corbis Holdings, Inc., No. 67215-1-I (Wash. Ct. App. Jan. 14, 2013), the Washington State Court of Appeals has helped clarify what has become a contentious issue in employment litigation, ruling that "when a...more

Lat: Law Firms Must Get Big, Profitable or Lost  [Video]

Jan. 11 (Bloomberg Law) -- David Lat, founding editor of Above the Law, speaks with Bloomberg Law's Lee Pacchia about the prospects for big law firms in 2013. While David sees many challenges out in the US economy, he is...more

Contract Attorney's Conflict Not Grounds For Disqualification

Originally Published in American Bar Association Litigation News, December 13, 2012. A contract attorney for a plaintiff's firm who had previously represented the defendant in the same case was not "associated" with her...more

Unfiltered Orange | Weekly eDiscovery News Update – Special Technology Assisted Review Backgrounder

Technology Assisted Review - Backgrounder Compilation of Articles: February 1 - December 7, 2012 With the increased interest from the legal community on the eDiscovery technique of technology assisted review, provided...more

LAUTENBAUGH v. NEBRASKA STATE BAR ASSOCIATION

PLAINTIFF’S MOTION FOR A PRELIMINARY INJUNCTION AND BRIEF IN SUPPORT

Plaintiff Scott Lautenbaugh seeks preliminary injunctive relief to redress and prevent further deprivation of rights protected by the First and Fourteenth Amendments to the United States Constitution by actions of Defendants....more

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