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February 07, 2005 | Law.com

5th Circuit: Employee Only Needs to Show "Illegitimate Motive"

The 5th U.S. Circuit Court of Appeals made it a whole lot easier to get age discrimination suits in front of juries recently when it ruled that a plaintiff can defeat an employer's summary judgment motion if he can show that an "illegitimate motive" played a role in his firing. Machinchick v. PB Power Inc., decided on Jan. 24, is the latest in a series of 5th Circuit opinions that favor employees in discrimination cases, employment lawyers say.
5 minute read
February 07, 2005 | Texas Lawyer

5th Circuit: Employee Only Needs to Show "Illegitimate Motive"

The 5th U.S. Circuit Court of Appeals made it a whole lot easier to get age discrimination suits in front of juries recently when it ruled that a plaintiff can defeat an employer's summary judgment motion if he can show that an "illegitimate motive" played a role in his firing.
5 minute read
September 24, 2003 | The Legal Intelligencer

Media Access to Government Employees' E-Mails Restricted

News organizations say two recent Florida Supreme Court actions restricting access to government employees' e-mails and phone call lists will hurt their ability to uncover misconduct by public officials.
9 minute read
February 02, 2007 | New Jersey Law Journal

A Plea for Sanity

Simply put, there's no return on investment on exhausted employees. It's the general counsel, the adviser and counselor to the company, who's often in the best position to put the work lives of the executives, managers and employees into a context that makes sense and that creates the biggest ROI.
8 minute read
September 01, 2005 | Law.com

The Litigation Lottery

Good news for employers: Courts are increasingly allowing jury trial waivers and other preventive measures.
7 minute read
September 12, 2005 | Law.com

The Yin and Yang of Employment Law

For each yang of employee entitlement, there is a corresponding yin of employee responsibility. Knowing this helps general counsel explain to the C-level executives down the hall that the ecology of the workplace is in balance, soothing their anger, centering their decision-making and mollifying their perspective. Michael P. Maslanka examines specific cases showing how an employee sometimes needs a nudge to accept responsibility. As Maslanka puts it, that's where the GC's office comes in.
6 minute read
June 19, 2003 | The Legal Intelligencer

Pritzker Heir Dispute Grabs Attention Of Local Trusts and Estates Community

While you wouldn't think Liesel Pritzker would have the local trusts and estates bar standing at attention, that's just what the 19-year-old actress/heiress has done. Just call it the case of A Little Princess and her punitives.
7 minute read
December 05, 2006 | Law.com

Why It's Important to Ensure Employees Don't Get Blitzen'd at the Holiday Party

General counsel are party planners -- not with menus, music and margarita machines but with managing the legal risks of the holiday season. The legal pitfalls are numerous, from liability risks of serving alcohol at the holiday party to incorrectly calculating overtime pay based on employees' holiday bonuses. Labor and employment attorney Michael P. Maslanka outlines some ways for GCs to have a safe and litigation-free holiday and New Year.
10 minute read
November 29, 2012 | Law.com

When Is Termination the Right Step to Take?

The toughest decision that lawyers, in-house or otherwise, help clients make is whether to impose the employment-law equivalent of capital punishment: termination of an employee. While clients look to attorneys for counsel, sometimes they really want us to make the decision. Here are five questions to ask to ensure it's the right one.
5 minute read
March 28, 2007 | Law.com

It's All in Your Head: Cognitive Theory Can Help GCs Lead Organizations to Better Decisions

A general counsel's influence doesn't come from knowing the answers to legal questions, asserts attorney Michael Maslanka. He says real influence -- the kind that guides decisions, leads to sound judgments and creates better results -- comes from knowing why people think and act as they do. By understanding the lessons of cognitive theory, GCs can get the inside track to an insightful answer. Haven't you always wanted to be a mind reader?
6 minute read

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