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October 03, 2007 | Law.com

A GC Trial Primer: 10 Rules to Remember

At some point in a general counsel's career, the combination of a denied summary judgment and a failed mediation will equal a looming trial date. What's a GC to do when the court coordinator calls and says, "Come pick a jury on Monday"? Attorney Michael P. Maslanka offers 10 rules, including: Don't try a case by accident; you can stumble into love but not into a trial; and, the decision to try a case must be deliberate.
7 minute read
August 16, 2005 | Law.com

The Right Response to Employee Blogs

Once upon a time, Web logs were benign: a person just sharing his idle, diary-like thoughts on the World Wide Web, a Haight-Ashbury of cyberspace. But nothing so simple and refreshingly naive lasts long, says attorney Michael P. Maslanka. When an employee blogs a C-level executive's company, what's the response? There are two mind-sets: the first, opportunistic and business-based (let's learn, channel and leverage); the second, repressive and legalistic (let's regulate, squash and punish).
6 minute read
February 16, 2005 | Law.com

Damage Control

For a law student, the law is all certitude and declarative sentences: One side is right; the other is wrong. Being a lawyer, though, generates ambiguities and questions: Is it possible our side did something wrong? If so, what is the company's response? Discrimination. Employment suit. Risk. Acknowledgement of guilt. Bias. They�re enough to turn the strongest GC�s stomach. Here is a five-step program on how to fix things when a general counsel is looking up at the moral high ground and not down from it.
9 minute read
October 01, 2007 | Texas Lawyer

A GC Trial Primer

What's a GC to do when the court coordinator calls and says, "Come pick a jury on Monday"?
7 minute read
December 06, 2005 | Law.com

5th Circuit: Assumption-Based Refusal to Hire Diabetic Violates the ADA

Employers would be wise not to prejudge a potential employee's medical condition and use it as a reason to rescind a job offer, according to a 5th Circuit opinion. Such assumptions run afoul of the ADA and may lead to rulings that employers have discriminated against potential employees as a matter of law, wrote Judge Jacques Wiener. The appeal involved a temporary employee who was offered a permanent position, only to have the offer rescinded, because the employer believed his diabetes was uncontrolled.
6 minute read
December 19, 2005 | Texas Lawyer

My Atticus Finch Moment: Michael P. Maslanka

Like most important decisions, it started with random events coalescing: red faces; a thought on the law's power; a crystalline moment, cleaving the world into two parts.
4 minute read
September 01, 2005 | Law.com

Union Split Could Mean More Work for Labor Lawyers

Labor lawyers, with their reputation as union battlers, have become something of a dying breed as unions' power in the American workplace has waned. "We hold ourselves out as the last of the gladiators," said one lawyer. Attorneys have gravitated instead toward employment law, where the focus is individual employee-employer relations. But veteran labor lawyers say the recent split in the AFL-CIO may reinvigorate the practice of traditional management-side labor law.
4 minute read
August 09, 2007 | Law.com

Four Employment Cases on the U.S. Supreme Court's Menu

What is the U.S. Supreme Court dining on from the employment law menu this coming term? It's a four-course meal, and attorney Michael P. Maslanka tells us what the discerning diner needs to know. Among the tasty issues to be addressed: whether "me too" evidence is admissible in a discrimination case, and whether an employee can sue a retirement plan fiduciary for individual losses due to a fiduciary breach.
6 minute read
August 07, 2006 | Legaltech News

Disasters Happen: How Ready Is Your Firm?

Hurricane Katrina razed New Orleans. And power outages black out cities across the U.S. Are firms prepared for the worst? Attorneys Michael P. Maslanka and Burton D. Brillhart deliver a care package to keep you safe and sound with your data secure.
7 minute read
July 27, 2009 | Daily Report Online

How to improve legal education

In the current economy and legal market, law firms are under pressure to deliver more value for less. One way for law firms to deliver more is if they get associates who are ready to hit the ground running. But with clients unwilling to pay for new associate training, where will new lawyers get the training they needIn a provocative, recent piece in Daily Report affiliate the Am Law Daily, "Welcome to the Future: Time for Law School 4.
7 minute read

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