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Employers face many challenges stemming from the fact that the Americans with Disabilities Act (ADA) protects alcoholic employees from discrimination, including, in some instances, requiring an employer to provide reasonable accommodations to the employee. The ADA also protects drug addicts, as long as the employee is no longer actively engaged in the use of illegal drugs.
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You think your company has a good case. From what you can gather, the allegations that your company stole trade secrets from a rival are completely unfounded. But then you enter discovery. Your opposition requests a whole host of e-mails ' predictable these days. That's when you realize you have a problem. It soon becomes clear that, although the case should have been defendable, it is more financially sound for the company to begin negotiating a settlement. Sound far-fetched? These kind of scenarios are happening more and more with today's proliferation of e-mail and the corresponding lack of corporate electronic records retention policies.
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How can an employer protect its workplace from the often harmful effects of employee drug and alcohol abuse, avoid accusations that it is discriminating against an employee because of a purported addiction disability, and, at the same time, help an employee who was once a valuable and productive contributor to become so again? The answer may lie in a carefully crafted "Last Chance Agreement."
For the fourth consecutive year, the American Corporate Counsel's annual meeting was the site of a survey measuring Chief Legal Officer (CLO)'s top concerns…
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In recent years, litigation matters have become even more difficult to manage due to the explosion of electronic data created by today's businesses. In defending our clients, we are often requested by opposing counsel to turn over all relevant data pertaining to a particular issue or issues. These discovery requests can be overwhelming, and often times are very costly for our clients and time-consuming for the litigation team. To help mitigate these costs and expedite the discovery process for our clients, we have turned to Fios' Prevail to help manage these requests.
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High-tech tools ' such as auto-coding, linguistic pattern matching and Web-based collaboration ' enable lawyers and their fact experts to take charge of large cases right from the opening days of discovery. Construction disputes are among the document-intensive cases where these new tools are being used to change the dynamics of the dispute-resolution process. As a specialist in providing expert testimony in these disputes, I've learned that these new tools permit quick and cost-effective ways to learn and research the facts of a case from among the hundreds of boxes of documents.
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Having used TimeMap since the original version, I was already a satisfied user, and had already realized the impact that a timeline can have on a jury. Even before the original version of TimeMap was introduced by CaseSoft, I had realized that having facts in chronological order makes it easier for a jury to understand. I found the original version of TimeMap very useful, and when TimeMap 2.0 came out, it improved two particular areas of importance; the first being the ability to print charts wider than five pages, and the second, the ability to send information to CaseMap, one of CaseSoft's other products. The changes that have now been added under TimeMap 3.0 are extraordinary.
The challenges of successful software adoption within the law firm environment are daunting. Lawyers historically have lagged behind users in other industries in technology uptake. They have little non-billable time they can devote to learning the nuances of a new software package or attending extended training classes. And unless the benefits of the system are obvious at the onset, they have little inclination to make the time. Everyone knows that enterprise technology is of no use unless it's adopted successfully by the organization, yet internal marketing of new and existing systems is shockingly low. Indeed, the need to formulate a proactive internal marketing strategy within the firm is of fundamental importance when rolling out enterprise software. Law firms have not always done this successfully. This article examines the critical elements of a successful internal marketing strategy and how one firm, Brown McCarroll, used many of these techniques to achieve firm-wide acceptance of its CRM solution.
Using the "John Doe" method, the Recording Industry Association of America (RIAA) filed another 531 lawsuits against file downloaders on Feb. 17.