Professional Practice Labor & Employment Civil Procedure

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Court Of Chancery Limits Attorney Charging Lien

An “attorney charging lien” allows an attorney to recover compensation for his services from a fund recovered with his assistance....more

Attorney’s Fees Awarded in “Nonsensical” Trade Secrets Case - Cypress Semiconductor Corp. v. Maxim Integrated Products, Inc.

Upholding an award of more than $180,000 in attorneys’ fees under the California Uniform Trade Secret Act (CUTSA) for bringing a bad faith misappropriation claim, the California Court of Appeal found that “Cypress filed a...more

Decision Time: Patton Boggs Partners Mull Merger With Squire Sanders

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

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 in the Employment Tribunal. Philip Henson, Partner and Head of Employment Law, DKLM LLPmore

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 an ad for Cogent Legal, but that it gave practical and strategic advice for all the participants. This post shares some of the advice I gave on this subject, and at the end you’ll find the SlideShare of the whole presentation. I started with the basic advice that an org chart is generally important in any employment case. It is very easy for attorneys to forget how hard it is to keep names and companies straight for jurors when they have not lived with a case for years on end. A simple chart that shows all the key players, preferably with a photo of each of them for the benefit of the jury, is a great simple graphic. I also recommend making a blow-up board of the graphic to have in front of the jury for the jury’s reference during every witness’s testimony. Timelines remain the most important and common demonstrative for an employment case, whether for plaintiff or defense. Employment cases are all about what happened at which time. Being able to lay out a chronology that develops your story is absolutely critical for jury understanding. While there is an unlimited number of ways in which to create a timeline, I gave a couple of main examples that attorneys should consider. 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 UK, where they intend to employ members of staff. Call us today on 020 7549 7872 Please call us today to discuss how we can help with any employment law related issues. We look forward to working with you. Contact details: Philip Henson, Partner and Head of Employment Law Email: Telephone: 020 7549 7872 Fei Yang, Immigration Solicitor Email: Telephone: 020 549 7451 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 critically important for numbers-heavy cases involving financial transactions and economic data. I’ve seen attorneys present graphs and spreadsheets that are about as interesting as watching paint dry. The president’s team, by contrast, created graphs that hold the viewers’ attention and strengthen the points he makes orally. Let’s look at a couple of ways the White House graphics use effective techniques to push the president's point of view fairly but persuasively.more



Plaintiff Scott Lautenbaugh seeks declaratory and injunctive relief to redress and prevent the deprivation by Defendants, acting under color of state law, of his rights against compelled speech and compelled association protected by the First and Fourteenth Amendments to the United States Constitution. Specifically, those rights have been violated by the NSBA’s imposition of mandatory dues as a condition on the right to practice law in the State of Nebraska, a portion of which are used to fund political, ideological, and other non-germane activities (“non- chargeable activities”) which Plaintiff Lautenbaugh does not support. The NSBA has also failed to provide the constitutionally required procedural protections to safeguard Plaintiff Lautenbaugh’s First and Fourteenth Amendment rights. Plaintiff Lautenbaugh seeks to represent a class of similarly situated NSBA members who object to use of their member dues for political, ideological, and other non-germane activities. Such members include those approximately 1,100 NSBA members who have opted out of contributing to the lobbying activities of the NSBA on their annual member dues statements, as well as those NSBA members who have filed a grievance pursuant to the NSBA’s grievance procedure. Such class members are, at a minimum, “potential objectors,” as that term was used by the U.S. Supreme Court in Chicago Teachers Union, Local 1000 v. Hudson, 485 U.S. 292, 306 (1986). As demonstrated herein, the prerequisites for class certification are present and the proposed class should be certified.more

Two Top Infographics for Mediation of Employment Cases–And How You Can Make Them Yourself

It’s a simple fact that if you face a high likelihood your case will resolve at mediation, then you should put all you can into mediation to get the best result for your client. This includes using courtroom graphics not just in court for trial, but for mediation. Having represented many clients in employment cases, from wage and hour to discrimination to class actions, I saw that certain issues arise in almost all employment cases and are especially well suited for graphic presentations. This post focuses on two types of graphics particularly effective to use in mediation for employment cases: timelines and organizational charts. I’ll describe some basic tips to make them on your own, and discuss more advanced options. This is an abridged version of an article I wrote for the September 2012 issue of the California Labor & Employment Law Review. Reprinted with permission of the State Bar of California and the California Labor & Employment Law Review.more

How to Mismanage E-Discovery in a Workplace Investigation: A gender discrimination case demonstrates the need for constant supervision in preservation and production of evidence

Originally published on's blog: “How to Mismanage E-Discovery in a Workplace Investigation.” There’s no such thing as passing the buck when it comes to e-discovery. Although attorneys may assume that they can agree with a client to assign e-discovery responsibility, they may soon find that they are wrong, according to Zubulake v. UBS Warburg, LLC, 229 F.R.D. 422 (S.D.N.Y. 2004), which imposed new duties on counsel to actively participate in and supervise the e-discovery process.more

The DUKES v. WAL-MART Decision: Impacts on Class Actions

This Supreme Court case, DUKES v. WAL-MART, while in the employment context, has broader implications for all class action cases. The court case sheds light on the issues of class certification and the use of expert testimony. Allen Matkins attorney Marshall Wallace explains the impacts of this case on class action litigation.more

Attorney Who "Excessively Reviewed" Privileged Documents Misappropriated By His Client Was Properly Disqualified

Clark v. Superior Court, 196 Cal. App. 4th 37 (2011) While he worked as VeriSign’s chief administrative officer, Grant Clark signed VeriSign’s nondisclosure agreement, which included a provision that he would not remove VeriSign’s confidential or privileged information and that he would return any such documents in his possession upon termination of his employment. Clark was terminated effective December 31, 2008, and in January 2009 he filed a lawsuit against VeriSign through his attorneys, Higgs, Fletcher & Mack LLP.....more

Statutory Maternity Pay

On 14 March 2011 the draft Statutory Maternity Pay (Compensation of Employers) Amendment Regulations 2011 (SI 2001/725) were laid before Parliament. The draft regulations provide that, from 6 April 2011, the additional compensatory amount for small employers will reduce from 4.5% to 3%. Update from Philip Henson, Partner in Bargate Murray (London, UK). more

Her Majesty's Court Service (UK) and Tribunal Service to merge on 1 April 2011

With effect from 1 April 2011, Her Majesty’s Court Service (HMCS) will merge with the Tribunals Service to form a new, single organisation: HM Courts and Tribunals Service (HMCTS), which will be responsible for all administration in courts and tribunals. Update from Philip Henson. Partner in Bargate Murray (UK). more

Lawyer Advertising Just Got Sexy

“Loop law firm looking to hire am [sic] energetic woman for their open secretary/legal assistant position. Duties will include general secretarial work, some paralegal work and additional duties for two lawyers in the firm. No experience required, training will be provided. Generous annual salary and benefits will be provided, including medical, dental, life, disability, 401(k) etc. If interested, please send current resume and a few pictures along with a description of your physical features, including measurements. We look forward to meeting you.” Let there be no mistake as to what “additional duties” would be required. When Debbi (without an “e”) responded to the ad, the lawyer e-mailed her, stating that... Please see full article below for more information.more

Deposition Checklist for workweek

Employment Building Blocks\Defendant to Plaintiff\Compensation and Benefits more

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