Where to Find Everything You Need
December 01, 2003
The increasing distribution of forms, procedures, rules, laws, and opinions in electronic format suggests that for certain legal materials it has become appropriate to look for a Web site early in the research process. A selected list of Web sites useful to attorneys engaged in litigating land use issues or drafting land use plans appears below. All sites should be viewed critically for accuracy and reliability of the information. It is important to remember that materials that are even a few years old may be excluded; the scope of coverage may be limited; and often a citation, name, or date is needed as an access point because the Web site content is not searchable.
Index
December 01, 2003
Where to find everything in this issue.
A Look Back and A Look Forward
December 01, 2003
Four months ago when I was asked to become Editor-in-Chief of <i>Marketing The Law Firm</i>, I never imagined that I would have the opportunity to engage a wonderful group of authors; select an outstanding Board of Editors; and moderate the first of what I hope will be many exciting and interesting Web audio seminars. As I look back on the last four months, I think the one thing that stands out in my mind is the fact that we had so many wonderful contributors to the newsletter. So I thought that we might take a look at the last 4 months and some of the highlights. Although I would love to be able to select all of the articles we've published, given the constraints of space, I am only able to pick two from each issue to feature. In case you missed reading these issues, we'll give you a nutshell version of these articles. I would also be remiss if I didn't say how much I appreciated the efforts of Russ Lawson and Mike O'Horo, whose monthly columns provided all of us with a look at the intricacies of marketing both in a law firm setting and to smaller firms and solos. And as we look forward, we'll take a look at what's coming up and a preview of our editorial calendar.
Retaining Lawyer Negates Equitable Tolling
December 01, 2003
You are unsure of your rights, so you retain a lawyer. Do so at your own risk and detriment, one judge has concluded in the context of a FLSA claim for overtime. <i>Patraker v. The Council on the Environment of New York City</i>, 2003 WL 22336829 (S.D.N.Y. 10/14/03) (Kaplan D.J.)
Counterclaims: Actionable Retaliation?
December 01, 2003
An employee sues his former employer for ERISA violations and for unpaid commissions. The employer counterclaims, alleging various tort and statutory violations committed by the now former employee. Just another litigant asserting its right to seek redress in court. Right. Not according to the court ...
A Word to the Wise
December 01, 2003
A party moves to compel arbitration. The court grants the motion. Should the court dismiss the action or stay the proceeding? If the court dismisses the action, should the dismissal be with or without prejudice?
COBRA Notice and Disclosure Rules
December 01, 2003
Earlier this year, the US Department of Labor (DOL) published proposed regulations updating the notice and disclosure requirements applicable to health care continuation coverage under the Consolidated Omnibus Budget Reconciliation Act (COBRA). These proposed regulations update model notices, give disclosure guidance, and establish two new required COBRA notices.
What Not to Do in a Hostile Work Environment Case
December 01, 2003
A recent decision, <i>Boggs v. Die Fliedermaus, d/b/a Le Bar Bat</i>, 2003 WL 22299315 (S.D.N.Y. 10/07/03) (Sweet, D. J.), offers many lessons for employers about what to do, and not to do, to position themselves for a successful summary judgment motion in a hostile work environment case.
