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Features

Custody and the Pledge of Allegiance Image

Custody and the Pledge of Allegiance

ALM Staff & Law Journal Newsletters

<b><i>Remember the father who challenged the Pledge of Allegiance? He's back.</i></b>

Features

Children As Pawns: Who Determines Custody? Image

Children As Pawns: Who Determines Custody?

Lawrence Jay Braunstein

Attorneys and courts struggle with ways to determine which parent would be the better primary caretaker. If only there were a test ... Because there is not such a determining factor, the legal system has come up with many tests - and people to evaluate them. Rather than simplify the decision, this process may have further complicated it. In addition to the questions of objectivity raised about the tests themselves, there are the questions raised about the individuals who evaluate them.

Features

Do You Know Who Your 'Supervisors' Are? Image

Do You Know Who Your 'Supervisors' Are?

Lawrence Peikes & Lori Rittman Clark

As distinguished from cases of supervisory harassment, an employer may not be held liable for a sexually hostile environment created by a victim's co-worker unless the employer knew or should have known about the sexual harassment and failed to take appropriate corrective action. Accordingly, in assessing the potential for employer liability it is important to determine, in the first instance, whether the alleged harasser is properly classified as a supervisor or a co-worker for Title VII purposes.

New Effort on Talent Management Image

New Effort on Talent Management

Rees W. Morrison & Robert Ashing

General counsel are increasingly recognizing the need not only to manage the talent within their departments, but also to develop and enhance the group and its individual lawyers. <BR>In this, the second article in a three-part series on talent management, we focus more closely on what innovative initiatives law departments are using to capitalize on existing capabilities and what steps some of them have taken to continually add to the effectiveness of team performance.

Do Your Discrimination Policies Go Far Enough? Image

Do Your Discrimination Policies Go Far Enough?

Margaret A. McCausland, Esq.and Linda T. Jacobs, Esq.

In the years since <i>Farragher</i> and <i>Ellerth</i>, numerous courts have been asked to decide whether or not constructive discharge (<i>ie</i>, the employee felt forced to resign because conditions were unbearable) is a tangible job action negating the employer's ability to raise the affirmative defense. The decided cases have had differing outcomes.

Features

Corporate Investigations: Their Hidden Traps ... And How to Avoid Them Image

Corporate Investigations: Their Hidden Traps ... And How to Avoid Them

Jeffrey I. Pasek

One of the many challenges faced by corporate counsel when conducting or overseeing an internal workplace investigation is how not to compromise critical attorney-client privilege during the process.

On The Job: Common Sense Tips for Uncommon Interviews Image

On The Job: Common Sense Tips for Uncommon Interviews

Russell Lawson

After writing the perfect resume, tuning up your cover letter and targeting your job search, you'll have to show up to get the job. Don't sweat it. Interviewing skills are not brain surgery.

Ask the Coach Image

Ask the Coach

Mike O'Horo

This month's question: <br>Many of the lawyers in my firm still resist doing any selling because they see it as "unseemly" for lawyers. How can I help them overcome this crippling bias?

A Web/Audio Conference Event Image

A Web/Audio Conference Event

ALM Staff & Law Journal Newsletters

RESPECT: Earn It, Keep It, Advance Your Career<br>Wednesday, Nov. 19, 2003<br>12:00 p.m. ' 1:30 p.m. EST

Features

Self-Insurance Obligations Under NJ Law: Forecasting the Future of Benjamin Moore Image

Self-Insurance Obligations Under NJ Law: Forecasting the Future of Benjamin Moore

Stephen V. Gimigliano & Dennis P. Monaghan

The NJ Supreme Court has recently elected to hear appeals in two coverage actions involving the same basic issue ' namely, reconciling the application of the Owens-Illinois "continuous trigger theory" with the application of specific policy provisions under New Jersey law. In the first of these two cases, <i>Spaulding Composites Company, Inc. v. Aetna Casualty &amp; Surety,</i> the court strongly affirmed the viability of the continuous trigger theory, invalidating a clear and unambiguous non-cumulation clause that it found conflicted with this approach. <i>Spaulding Composites Company, Inc. v. Aetna Casualty &amp; Surety,</i> 176 N.J. 25, 46 (2003). In the second case, <i>Benjamin Moore &amp; Company v. Aetna Casualty &amp; Surety,</i> which is pending, the court must now determine how to apply the continuous trigger theory to self-insurance features contained in a series of unambiguous policy endorsements which do not appear to conflict with a continuous trigger. No. A-4423-01T2F, 2003 WL 1904383 (App. Div., Jan. 14, 2003), appeal granted, 176 N.J. 70 (2003).

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