Posts Categorized: Legal Tips

Tips from experienced lawyers about how to get more out of your practice.

When Are Workers Working—and When Aren’t They?

The pace of regulatory and litigious action surrounding employment law is quickening. Here, in the United States, much of the activity stems from an increase in enforcement of the Fair Labor Standards Act—for instance, disagreements over what is proper protocol in determining compensation for hourly and wage employees or what constitutes work time. Meanwhile, an… Read more »

“Extreme” French Proposed E-Mail Law: Already Law in U.S.

By Jonathan A. Segal A bill is being considered in France that would severely restrict use of e-mail by employees off the clock. http://www.nytimes.com/2014/04/12/world/europe/in-france-a-move-to-limit-off-the-clock-work-emails.html. I have read many business leaders respond with dismay.  How much can French government regulate and expect business to survive, let alone thrive? Lots come back across the pond.  That “controversial,”… Read more »

Guest Post: Divorce and Children – A Lesson from Hollywood

By JORDAN GERBER If you have been exposed to social media within the last few weeks, ie aren’t holed up in some Tibetan monastery or currently incarcerated at Guantanamo Bay, chances are you’ve heard about Gwynneyth Paltrow and Chris Martin’s recent decision to call it quits. Or, as they phrase it, “conscious uncoupling.” Before you dismiss… Read more »

Knowing Who Receives Overtime Pay Is about to Get More Complicated

The landmines an employer navigates in scheduling and paying overtime are as many as the regulations covering it. And the outcome of a White House–ordered assessment of overtime rules found in the Fair Labor Standards Act will soon render these regulations even more demanding. President Obama has signed an executive order that “instructs the Secretary… Read more »

When Does a Worker’s Shift End?

For employers with large populations of wage and hourly staff, the question is a gray area masquerading as a black-and-white issue. Throw contract hourly laborers into the mix, and a growing set of potential missteps or pitfalls can leave employers running afoul of employment law in a short period of time. Take the example of… Read more »

Executive Contract Daily

The beauty of running your own blog is getting to make up the rules as you go. Today I’m launching a new weekly “column” entitled “Executive Contract Daily.” I’m not sure if anyone is going to enjoy reading it, but I’m going to give it a go. Here’s the breakdown:  As you may know, my… Read more »

Shake and the Disruptable Gaps of the Legal Industry

The disruption of the legal industry is found most prominently within the gaps. The big-shot criminal defense attorney doesn’t wake up in a cold sweat for fear his industry is collapsing at the hands of a tech start-up. Where technology makes its biggest impact on the profession is in the world of legal documents and… Read more »

Social Media and Criminal Investigations

In recent years, law enforcement professionals have become much more reliant on social media platforms such as Facebook, Twitter, Instagram, and Google Plus to investigate and solve crimes, with some tactics producing real results. RECENT LEXISNEXIS STUDY A recent study by legal research organization LexisNexis surveyed approximately 1,200 law enforcement professionals on their use of… Read more »

Insane? Says Who? How Expert Witnesses May Sway the “Guilty Mind” Determination

How Expert Witnesses May Sway the “Guilty Mind” Determination In a criminal proceeding, a defendant’s mindset is a focal element in establishing guilt, and expert witnesses often play an integral role in determining criminal liability.  The specific mental state required differs depending on the crime and the jurisdiction, but unless the legislature passes a law… Read more »