Features
Verdicts
The latest rulings of importance to your practice.
Punitive Damages Take a Beating
The first half of 2003 has not been kind to friends of punitive damages. No matter the setting, they have taken a beating.
Sex Harassment Case Nets EEOC $5.4 Million Dollar Settlement
Eight registered nurses who underwent pre-employment medical examinations were instead sexually harassed, according to a proposed Consent Decree submitted to Judge Leonard Sand by the EEOC and Lutheran Medical Center. Under the terms of the proposed settlement reached by the parties, the medical center has agreed to pay $5.425 million dollars to compensate the nurses and other female nurses similarly harassed.
John Gaal's Ethics Corner
Your ethics questions answered by the expert.
Features
Proposed Amendments to the FLSA: A Primer
The most substantial changes in more than 50 years to the way employers determine whether they are obligated to pay overtime compensation could well become reality. The United States Department of Labor (DOL) issued proposed revisions to its regulations on the "white-collar" exemptions to the Fair Labor Standards Act (FLSA) on March 31, 2003. If enacted in a version close to their present form, the way you do business could change considerably.
Features
A Word To The Wise
It is often said that bad facts make bad law. A corollary to that principle may be that notorious clients make for problematic verdicts. Such was the case in <i>Bell v. Helmsley</i>, 2003 WL 1453108 (Sup.Ct. N.Y.Cty. 3/4/03), a trial dominated by the ever-entertaining presence of the Queen of Mean, Leona Helmsley.
Decisions of Interest
Recent rulings of importance to your practice.
Features
Fiduciary Hopefuls Must Meet New Requirements
With a June 1 due date looming for a new list of eligible fiduciaries, lawyers interested in qualifying for the court-appointed positions must meet the new training requirements announced by Chief Administrative Judge Jonathan Lippman in March. Developing new training requirements was one of the recommendations of a blue-ribbon panel appointed by Chief Judge Judith S. Kaye to examine the court's system for the appointment of fiduciaries to ensure there is no favoritism.
Separation Agreements — Contracts Governed by Contract Law
There appears to be no reason why the parties to a separation agreement cannot specifically provide in their agreement that a resumption of marital relations will not be deemed a reconciliation, and that the separation agreement will not be impaired or invalidated thereby unless a formal written document is executed by the parties acknowledging such reconciliation and affirmatively canceling the agreement. Indeed, such language is commonly found in separation agreements, and its obvious purpose is to avoid subsequent litigation in the event of a failed reconciliation attempt.
Features
Fighting over Fido: Pets in Divorce
Your spouse, your children and your beloved pets have lived together as a family for the last 10 years, but one of you has now filed for divorce. Who gets the kids? Who gets the wedding china? Who gets Fido? Obviously, every court in the country treats the custody of children differently than personal property. So where do pets fit in? Should companion animals be treated akin to children and custody/visitation determined by looking at the pets' best interest, or are companion animals no more than personal property to be distributed like pots and pans on divorce?
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- Law Firms are Reducing Redundant Real Estate by Bringing Support Services Back to the OfficeA trend analysis of the benefits and challenges of bringing back administrative, word processing and billing services to law offices.Read More ›
- Disconnect Between In-House and Outside Counsel'Disconnect Between In-House and Outside Counsel is a continuation of the discussion of client expectations and the disconnect that often occurs. And although the outside attorneys should be pursuing how inside-counsel actually think, inside counsel should make an effort to impart this information without waiting to be asked.Read More ›
- Divorce Lawyers' Obligation to ChildrenDo divorce lawyers have an obligation to disclose client confidences when it is in the best interests of the client's child to do so? The short answer of the rules of professional responsibility is 'no' because a 'yes' answer is deemed to be fundamentally inconsistent with the premises of the adversary system in which the divorce lawyer functions. The longer answer is that the rules encourage ' but do not require ' a divorce lawyer to counsel the client to authorize the disclosure because it is in the best interests of both parent and child.Read More ›
- Upping the Legal Training AnteWomble Carlyle's technology training and online learning programs were in need of an upgrade. Unprecedented firm growth, heightened emphasis on developing lawyers' core technology competencies, and a need to streamline and automate existing e-learning processes led the firm to initiate a fundamental shift.Read More ›