In-House Counsel

  • Anna Nicole Smith

    Anna Nicole Smith, Attorney Misconduct, Biglaw, California, In-House Counsel, Law Firm Mergers, Law Schools, Legal Ethics, Marijuana, Morning Docket, Partner Issues, Politics, Sexual Harassment, State Judges, State Judges Are Clowns, You Go Girl

    Morning Docket: 11.05.14

    * Bingham McCutchen canceled its partnership retreat, and their partner offer letters from Morgan Lewis must be accepted by today’s deadline — all while a prospective merger currently hangs in the balance. [Am Law Daily]

    * Per Altman Weil’s 2014 Chief Legal Officer Survey, the work at in-house legal departments is about to grow exponentially, while the spend on outside counsel will decrease in turn. Uh oh, no bueno. [Corporate Counsel]

    * “The attempt to have the defendant have any kind of humility has failed.” Due to “unsatisfactory” apologies to state employees, former judge Joan Orie Melvin will have to re-apologize for her crimes. [Pittsburgh Post-Gazette]

    * “A troubled law school is like Dracula: hard to kill.” In the wake of the Thomas Jefferson School of Law’s debt restructuring, it’s now obvious that law schools aren’t worth much at all. [DealBook / New York Times]

    * Republicans are now in control in both the House and the Senate, but fear not, because the nation’s capital just legalized marijuana. That’ll help calm down the depressed D.C. Democrats out there. [CNN]

    * Though it’s unlikely, thanks to this ruling, Anna Anna Anna Anna Anna Nicole’s lawyer/lover could be retried for allegedly giving illegally obtained prescriptions to the drug-addled model. [National Law Journal]

    * Tinder’s cofounder apparently made a killing on her sexual harassment settlement with the company. Though no one admitted guilt, she reportedly took home “just over” $1M. Get it, girl. [Business Insider]

    19 Comments / / Nov 5, 2014 at 9:02 AM
  • Supreme Court SCOTUS photo by David Lat

    9th Circuit, Alex Kozinski, Books, Clerkships, Federal Judges, Feeder Judges, In-House Counsel, SCOTUS, Stephen Reinhardt, Supreme Court, Supreme Court Clerks

    Do You Harbor Supreme [Court] Ambitions?

    In-house columnist Mark Herrmann reviews Above the Law founder and managing editor David Lat’s forthcoming novel, Supreme Ambitions.

    27 Comments / / Nov 3, 2014 at 12:09 PM
  • This oil law job is rigged.

    Banking Law, Biglaw, Crime, Eric Holder, Federal Government, General Counsel, In-House Counsel, Law Schools, LSAT, Morning Docket

    Morning Docket: 10.30.14

    * Will we have a nominee for Attorney General Eric Holder’s position “shortly after the election”? Per a White House spokesperson, our lame-duck Congress might just get a chance to confirm America’s next top lawyer. [WSJ Law Blog]

    * In the wake of an associate general counsel’s suicide last week, Deutsche Bank has taken steps to further separate its legal and compliance teams to tamp down on its “legal and regulatory headaches.” Well then. [Corporate Counsel]

    * David Tresch, Mayer Brown’s former chief information officer, was sentenced to 27 months in prison for his role in bilking the firm out of $4.8 million. Hey, it could’ve been worse, says his lawyer, whose client got off relatively easily. [Am Law Daily]

    * Thanks to the rise of the “energy phenomenon,” law schools have started to offer various classes focusing on oil and gas law in the hopes of making their graduates employable. Good luck with that. [Times Online]

    * If you plan to retake the LSAT, you need to study smarter. Don’t sweat it too much, though — it’s not like you’ve got a lot of competition trying to apply to law school. [Law Admissions Lowdown / U.S. News]

    16 Comments / / Oct 30, 2014 at 9:05 AM
  • HiRes

    Biglaw, Donald Trump, General Counsel, In-House Counsel, Partner Issues

    13 Things That Keep GCs Up At Night

    “Stop writing useless memos” and other takeaways from the NYLMA GC Summit.

    31 Comments / / Oct 28, 2014 at 5:54 PM
  • iStock_000011259011Small

    Biglaw, In-House Counsel, Partner Issues

    The Happy Hoo-Ha

    Why do institutions bother with this happy claptrap, and why do some employees seem to lap it up?

    25 Comments / / Oct 27, 2014 at 11:09 AM
  • kirkland RF

  • Facebook logo

  • Alphabet soup

    In-House Counsel, Litigators

    Abbrev’s For Idio’s (Or, 3 Tips For Effective Communication)

    In-house columnist Mark Herrmann offers three lessons about communication.

    26 Comments / / Oct 20, 2014 at 12:22 PM
  • Blogging Typewriter

    Blogging, General Counsel, In-House Counsel, Labor / Employment

    Make The Investment To Blog — Corporate Counsel Will Reward You

    Why do general counsel love blogs so much, and what do they look for when reading blogs?

    2 Comments / / Oct 15, 2014 at 3:33 PM
  • Ebola

    In-House Counsel

    Ebola in the Workplace – Dangerous to Employers

    Returning from a trip to West Africa with some college buddies, Ben X. Posed, a waiter at Chotchkie’s, showed up for work with a fever, muscle aches, a strong headache, and stomach pains. Begging his boss Dee Manding for the rest of the day off, Ben complained of his aches and pains and told of his overnight stay where one of the villagers recently died from Ebola. Dee Manding refused any time off explaining he was short-staffed. The next day Ben was hospitalized with a confirmed case of Ebola. Are Dee Manding and Chotchkie’s liable if other employees, or patrons, contract Ebola?

    / Oct 15, 2014 at 11:12 AM
  • Fringe benefits

    In-House Counsel

    Five High-Level Issues to Consider in Shaping Employee Benefit Offerings

    The workplace that we know today is rapidly changing. Competition for highly skilled workers is fierce, employees have become more mobile (due, in part, to alternative work arrangements or outsourcing), and there are often several generations of employees working alongside one another with different workplace approaches and perspectives. Developing employee benefit and compensation programs that are meaningful to a diverse group of workers with varied needs will become increasingly more challenging. This month’s Take 5 discusses the following five high-level issues to consider in shaping your organization’s employee benefit offerings:

    / Oct 15, 2014 at 11:01 AM
  • Health care courts

    In-House Counsel

    Implementing An Employee Wellness Program? Be Careful – The EEOC Is Interested

    According to recent studies, over 90% of employers offer some type of wellness incentives to their employees. This is a significant jump from 2009 when only a little over half of employers had employee wellness programs, and the Equal Employment Opportunity Commission (“EEOC”) is taking note. In the last two months, the EEOC has filed two lawsuits against employers related to their company wellness programs.

    / Oct 15, 2014 at 10:21 AM
  • Legal Transcriptionist

    Biglaw, Boutique Law Firms, Depositions, In-House Counsel, Litigators, Small Law Firms

    Beyond Biglaw: Effective Deposition Defense (Part 2)

    Defending depositions is important, so make sure you do it right.

    10 Comments / / Oct 14, 2014 at 10:16 AM
  • dartboard pen on target inside straight

    Biglaw, In-House Counsel

    Make It Perfect; Then Send It To Me

    Why should your boss bother looking at anything other than your best work?

    22 Comments / / Oct 13, 2014 at 11:57 AM
  • Lindsay Lohan

    5th Circuit, Abortion, Biglaw, In-House Counsel, Law Schools, Lindsay Lohan, Mergers and Acquisitions, Morning Docket, SCOTUS, Supreme Court, Texas

    Morning Docket: 10.10.14

    * This just in: Now that the Fifth Circuit has refused to hear the Texas abortion case en banc, it looks like we may see a viable case about a major social issue being brought to Term before SCOTUS after all. [National Law Journal]

    * Skadden came out on top of the Bloomberg, Thomson Reuters, and Mergermarket league tables for the highest transactional value of its mergers and acquisitions deals in 2014. Congrats on kicking the competition’s ass. [Am Law Daily]

    * Per HBR Consulting, clients are winning the war when it comes to getting legal services on the cheap. Consider this a “call to action for law firms to reconsider the way they do business.” [WSJ Law Blog]

    * The Elon University School of Law is completely revamping its academic offerings in order to offer a law degree that can be earned in 2.5 years, and for about $14,000 less. Nice work! [Triad Business Journal]

    * Lindsay Lohan’s attorneys filed an amended complaint in her case against Grand Theft Auto’s publisher, this time going to far as to spell their client’s name correctly. [Hollywood, Esq. / Hollywood Reporter]

    9 Comments / / Oct 10, 2014 at 9:10 AM
  • Pepsi logo

    9th Circuit, Gay Marriage, General Counsel, In-House Counsel, Law Schools, Non-Sequiturs, Patents

    Non-Sequiturs: 10.07.14

    * Congratulations to Tony West on his new gig as General Counsel of PepsiCo. It sounds like an exciting and challenging opportunity. Plus, you know, free Mountain Dew. [Politico]

    * What the hell? The feds stole a woman’s identity and made it into a Facebook page. Well, now she’s found out and she’s suing. Identity theft was one thing, but the way the DEA Agent kept spamming the woman’s friends to play Candy Crush Saga was just unacceptable. [Buzzfeed]

    * Time for some court news: Ninth Circuit joined the chorus in striking down gay marriage bans in Idaho and Nevada. [Ninth Circuit]

    * It’s Nobel Prize time, and one of the winners for Physics has a personal story about how important it is to hire a good lawyer. In fact, it was about $180 million important. [Slate]

    * We constantly beat the drum of how law schools need to adjust to reality and stop duping students into terrible financial decisions. But here’s the PR secret that’s kept law schools from, by and large, collapsing: they sell the experience. [Law and More]

    * An open letter begging Amal Alamuddin not to quit her day job now that she’s married to some acting guy. [The Careerist]

    * New York City paid $50K to settle a lawsuit brought by the family of a child who killed herself after school officials allegedly did nothing despite several warnings that the girl was being brutally bullied. There’s a lot of “in my day…” types who read this site who may not care about bullying, but this is more a question of irresponsibility. If your job is to provide a safe learning environment and you fail, you pay. [DNA Info]

    * At oral argument, the Court seemed generally supportive of the Muslim inmate hoping to grow a beard. If this intuition is right, soon individual people may have the same religious rights as corporations! [Supreme Court Brief]

    * Finally, thanks to the Rutgers-Newark Law School chapter of the American Constitution Society for hosting a great event today where Elie and I previewed the upcoming SCOTUS Term. My personal highlight was watching Elie’s head explode while talking about Young v. UPS.

    8 Comments / / Oct 7, 2014 at 5:02 PM
  • Disabled-worker-post-it-300x199

    In-House Counsel

    Beyond Essential Functions: The Role of Job Reassignments in Accommodating Employee Disabilities

    Imagine for a moment that you are the HR Manager for a company with many physically demanding jobs. One of your employees submits a doctor’s note prohibiting her from lifting anything over 25 pounds. Mindful of your obligations under the Americans with Disabilities Act (ADA), you check to see if the lifting restriction will prevent the employee from doing her job. Unfortunately, after checking the employee’s job description and talking with her supervisors, you conclude that lifting is a key part of the employee’s job (in legal terms, an “essential function”), and there is nothing practical that can be done (in legal terms, no “reasonable accommodation”) to allow her to perform her job. When you tell the employee that she cannot return to her job, she asks if there are other positions available within the company that she can be transferred to. You say you’ll look into it, but when you start asking around, things get complicated. There are a handful of open positions in other departments, but the job requirements are different and some of the positions already have applicants who seem better qualified. None of the positions have exactly the same pay as the employee’s warehouse position, so she would either be getting a raise or a demotion. What should you do?

    / Oct 7, 2014 at 12:15 PM
  • keyboard typing

    In-House Counsel, Technology

    Cyber Liability Insurance: Where’s the Beef?

    “Cyber liability insurance” is often used to describe a range of insurance policies, in the same way that the word cyber is used to describe a broad range of information security related tools, processes and services. Everyone is talking about the need for “stand alone” cyber liability insurance policies. These stand-alone cyber liability insurance policies basically cover expenses related to the management of a breach, e.g, the investigation, remediation, notification and credit checking. However, cyber liability coverage is also found in some existing insurance policies, including kidnap and ransom and professional liability coverage. There may also be some limited coverage through a crime policy if electronic theft is added to that policy.

    / Oct 7, 2014 at 12:08 PM