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Part One of this article began a discussion of the dramatic increase in cases alleging caregiver discrimination. Part Two herein discusses the most recent cases and guidelines involving this area of the law, and how employers can best protect themselves, given the explosion of family responsibility discrimination (FRD) cases and the open issues that could further impact the number of FRD filings.
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In the wake of a failed attempt to negotiate legislation for comprehensive U.S. immigration reform with Congress, the Bush Administration recently announced a series of 'regulatory' reforms to tighten immigration enforcement. Perhaps the most significant and controversial of those reforms is the Department of Homeland Security's new regulation addressing 'no-match' letters. Although the new regulation has been temporarily enjoined pending a hearing in federal court, employers should begin considering how they will comply with it if an injunction is not granted.
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In the current litigious environment, what happens when an employee sends personal, allegedly confidential communications from work to his or her attorney or spouse? Can the employer lawfully access those e-mails, or do the attorney-client and marital privileges prohibit the employer from doing so? In answering this question, the key inquiry is always whether the employee had a reasonable expectation of privacy in the e-mails at issue.
WHAT WORKS IN THE RED ZONE III. I have often heard corporate counsel say that they hate surprises from their outside counsel. And surveys of corporate counsel always rank communication from their law firms as an important factor in maintaining strong, working relationships. A simple technique, often overlooked by outside lawyers heavily engaged in a project, is to set periodic meetings with their clients. Don't wait for them to ask questions or confront problems in…
WHAT DOES WORK IN THE RED ZONE II. This second in a series will focus on tactics to enhance client relationships leading to future business development for your law firm. One of the highest compliments you can pay to your client is to refer business to them. From a law firm marketing point of view, this may be the second best technique to generate expanded engagements, the first being to perform the highest quality of…
WHAT WORKS IN THE RED ZONE? This article begins a new series on what in-house counsel say helps their outside counsel begin, improve and maintain relationships. 1. Make major efforts to communicate at the beginning of an engagement. All too often, once an engagement is awarded, GC's find the lawyer who shows up appears to be a very different person from the one in the presentation. And periodically double check what you promised in the…
WHAT DID NOT WORK IN THE RED ZONE IV? Attorneys who market and sell services must consider a wider range of sales considerations than typically brought to the table. Following are more examples of what I have heard counsel discuss in this fourth and last in a series about law firm business development presentations. 1. Do not surprise your client with late breaking information. 2. In your own meetings, how often have you observed people using…
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Nothing is as important to the success of a law firm as strong leadership at the top. Yet, in far too many firms, the partners are still reluctant to give anyone the CEO authority needed for effective management and leadership.
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This article lays the groundwork for those in power to learn how they can help women lawyers succeed.
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Law firms are constrained by professional ethics in how they address the issues of lawyer mobility. Rule 5.6 of the ABA Model Code of Professional Responsibility expressly prohibits lawyers from entering into agreements that restrict their right to practice, including covenants not to compete. The overwhelming majority of jurisdictions interpret the rule to preclude less direct restrictions on competition, including financial penalties known as 'forfeiture-for-competition' agreements.