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June 04, 2008 | Corporate Counsel

Lessons From a Hotel Lobby: Ask Wise Questions Before Terminating Employees

In 1975, Michael Maslanka dropped out of college and worked as a hotel desk clerk. Maslanka is an employment lawyer now, but he's never forgotten the lessons he's learned from his hotel boss. Here's one of the lessons that will help corporate counsel when it comes to deciding whether to impose the equivalent of capital punishment in employment: termination. It starts with what Maslanka calls "principled compassion" and the questions to ask to find if termination is warranted.
5 minute read
April 07, 2008 | Corporate Counsel

Commentary: Arbitration's Attractiveness Dims After 'Mattel'

Arbitration: boon or bane? Are Texas companies continuing to embrace it, or will they shun it? The March 25 decision by the U.S. Supreme Court in Hall Street Associates, LLC v. Mattel, Inc. provides the answer: Fewer companies will go to arbitration, and more will shake the magic eight ball and opt for the civil justice system. Attorney Michael P. Maslanka discusses the influential ruling.
4 minute read
December 12, 2011 | National Law Journal

MOVERS

Keith Roberts joins Brach Eichler's health care practice group as partner. Plus more law firm movers in this week's column.
3 minute read
April 03, 2007 | National Law Journal

National Firms Stake Claim in Phoenix's Robust Economy

It may be a dry heat in Phoenix, but it's also a hot legal market for national law firms moving into the desert city to take advantage of its flourishing economy. Law firms want a piece of the hospitality, real estate, construction, aerospace and electronics industries, but that means some firms with long-standing practices in Phoenix are feeling a pinch from the competition. "The large national firms are competing for a relatively small number of people," says Sonnenschein Nath Chairman Elliott Portnoy.
4 minute read
November 13, 2006 | New Jersey Law Journal

GCs: Don't Be Railroaded by Burlington Northern Ruling

There are ways general counsel can transform the oppressive weight of the Burlington Northern ruling into a corporate advantage.
4 minute read
October 05, 2009 | Texas Lawyer

Beware of Employees' Conduct-Based Suits

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.
6 minute read
April 26, 2003 | National Law Journal

Look-alikes in combat

Trade dress law has been used to protect against copying almost everything from leather handbags and blue jeans to drill bits and even Mexican restaurants. But now, automobile manufacturers are increasingly turning to trade dress law to keep competitors from selling similar-looking cars.
10 minute read
July 04, 2005 | Texas Lawyer

A Quick Primer for GCs on Obtaining Injunctive Relief

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.
8 minute read
July 18, 2008 | Corporate Counsel

Combat Human Nature in the C-Suite to Manage Litigation

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.
7 minute read
August 08, 2011 | National Law Journal

From jail to jobless

As employers increasingly use background checks to screen prospective workers, the practice is creating a minefield of employment law issues — and has caught the attention of the U.S. Equal Employment Opportunity Commission.
9 minute read

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