Michael P. Maslanka

October 05, 2009 | Texas Lawyer

Civil rights laws in the United States focus principally on protecting who a person is, meaning an employee's immutable status, such as race, gender and age. But the new focus in litigation is not on status but on conduct, looking more at what employees do than who they are.

By Michael P. Maslanka

6 minute read

March 29, 2002 | Texas Lawyer

Defending against an employment suit never is a comfortable experience for in-house attorneys. And that discomfort is multiplied one hundred times over when it`s the boss who has been accused of wrongdoing. When that occurs, the in-house lawyers must become the pivot point between the CEO and employment suit - whether it`s discussing the facts of the claim, considering whether to pursue a settlement, preparing the boss to testify (unpleasant flashbacks to Bill Gates` deposition), or cueing in retained couns

By MICHAEL P. MASLANKA and THERESA M. GEGEN

9 minute read

July 04, 2005 | Texas Lawyer

A top executive bolts, leaving to start a competing company and taking former co-workers and customers. What is to be done? It's injunctive relief that's called for, and here is a quick primer on obtaining it.

By Michael P. Maslanka

9 minute read

July 18, 2008 | Corporate Counsel

America's pastime is no longer baseball. No, now it's litigation, says attorney Michael P. Maslanka. And nuking America's new pastime will take new ideas, both legally and cognitively. But for corporate counsel there is a yin to this yang, namely early and effective management of employment litigation, says Maslanka. He discusses recent influential rulings and offers tips on avoiding seemingly endless, seldom productive, usually exasperating litigation.

By Michael P. Maslanka

8 minute read

April 06, 2009 | Texas Lawyer

The 5th U.S. Circuit Court of Appeals often sets the pace for its sister circuits as they all start to confront a surge in employment claims. The court's message to employees: Maybe the discrimination you underwent is bad, but it's not that bad. It could have been worse, so just cowboy up and move on.

By Michael P. Maslanka

6 minute read

June 02, 2008 | Texas Lawyer

We think we shape life. That's wrong. Life shapes us, says Michael Maslanka. All readers know how they first learned this. Here's his story, one that will help corporate counsel when it comes to deciding whether to impose the equivalent of capital punishment in employment: termination.

By Michael P. Maslanka

6 minute read

October 12, 2009 | Texas Lawyer

As the David Letterman saga plays out, employers across America should take some time to think about the dynamics of relationships between the top boss, say a CEO, and his or her subordinates, and how these dynamics play out in the workplace, says Michael P. Maslanka. While a celebrity scandal won't come across most attorneys' desks, most management lawyers will handle sexual harassment suits.

By Michael P. Maslanka

5 minute read

September 23, 2010 | Law.com

How can the latest in cognitive theory help corporate counsel get their jobs done? Attorney Michael P. Maslanka discusses the lessons in-house lawyers can learn from various studies and papers on human behavior, which can help them in litigation and even more in their advisory role.

By Michael P. Maslanka

8 minute read

February 03, 2003 | Texas Lawyer

When executives get deposed, they must be ready. But the math doesn’t add up: You need from them what they have in short supply — time. They’ll look to you to leverage to the max what time they do have.

By Michael P. Maslanka and Tonya L. Meier

10 minute read

June 04, 2007 | Texas Lawyer

Here's a widely held but false belief: The 5th U.S. Circuit Court of Appeals is solidly, 100 percent, bet-the-farm employer-oriented.

By Michael P. Maslanka

7 minute read