'My Therapist Told Me ...'
February 01, 2004
Therapists who treat your client can be meddlesome third wheels or enormous helps in divorce litigation. Dealing with them effectively can improve attorney-client relations and spare everyone considerable misery.
2004 Update: Negative Custody Evaluations and Guardian Ad Litem Reports
February 01, 2004
In the August 2003 issue of The Matrimonial Strategist, I discussed identifying and exacting information from your client that would motivate a Guardian Ad Litem (GAL) or Custody Evaluator (CE) to examine the real issues in the case and not let bias interfere with his or her assessment. (In the remainder of this article, the GAL/CE is designated female and the client male.) The article made suggestions about interviewing your client, identifying issues, and reviewing records such as those from previous court matters or medical treatment.
Pop-Up Ads Enjoined in Trademark Suit
February 01, 2004
A Manhattan federal judge recently enjoined an Internet advertiser from delivering "pop-up" ads to visitors of a retail Web site.
Trademark Exploitation on the Internet: Don't Be Branded a Usurper
February 01, 2004
While the Anticybersquatting Consumer Protection Act adequately addresses the legal difficulties associated with bad-faith registration of trademarked names by nontrademark holders, e-exploitation of trademarks is still a problem for trademark holders.
New Turf to Surf: A Roundup of Useful Legal Web Sites
February 01, 2004
A wealth of Web sites of interest to legal professionals who advise e-commerce ventures awaits digging into on the Internet. A list of a few that are worth a look follows.
Avoid These Mistakes in Your Company's Employee Handbook
February 01, 2004
Employee handbooks continue to provide disgruntled employees with ammunition for lawsuits for breach of contract, violations of statutes and opportunities to recover punitive damages on discrimination claims. This article identifies mistakes commonly made by employers and discusses methods for eliminating those deficiencies.
New European Law on 'Works Councils' Demands HQ Strategy
February 01, 2004
A new European Union law coming online next year will force multinationals operating in Europe to set up in-house, shop-level worker groups that, to an American, look a lot like independent unions. The new law threatens to tie a multinational's hands whenever it decides, in the future, to change anything in its European operations. The good news is that the new law offers substantial freedom to structure worker groups in as business-friendly a way as you want. The catch: You can't delegate the "works councils" problem down to your local European HR, and you have to implement your headquarters-driven strategy this year, during a special window period. This article summarizes the new law, and then explains the "best practices" strategy of creating a works councils network template that takes advantage of the law's window-period that grandfathers-in works councils structured before tough regulations get issued later.
Pens in the Board Room
February 01, 2004
But these are my personal notes ...." Virtually every litigator has heard this plea from an executive responding to discovery. It is an almost reflexive reaction stemming from the popular myth that "personal" somehow equals "protected," and often comes from the most sophisticated of corporate directors and high-level management. Too often lawyers hear executives boast about their note-taking prowess while pointing to rows and rows of historical notebooks that they assembled over the years. Many executives learn too late that very little of their "personal" board meeting notes are privileged, and the privilege that might attach to some portions does not even belong to them. More and more frequently in this post-Enron environment, privileged materials are being disclosed by the owner of the privilege ' the corporation ' due to stricter standards for company cooperation in government investigations, particularly in civil investigations by the U.S. Securities and Exchange Commission and criminal inquiries by the U.S. Department of Justice.
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