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Marketing is vital, but leave it to an assistant
Marketing is what drives the growth of a law firm. To me, it is the single most important function of a practice, because outside of word-of-mouth referrals, typically there are no clients walking through the door without marketing. But if lawyers are doing the marketing, then the marketing either is not done right or it’s […]
Losing your fastball: Strategies for lawyers facing cognitive decline
It was not the way I planned to end my career. One day, in April 2019, I told my law firm colleagues that I was going to take a medical leave to address some health issues and that I would be out for at least a few weeks. I never came back. I could not […]
Patentable subject matter: An American Axle update
In American Axle, the invention was directed to a method for manufacturing a shaft assembly of a driveline system, historically considered to be patentable subject matter. The first claim addressed included a step of turning a mass and stiffness of a liner. The tuning was qualified in that it was said to be a tuned […]
Is it time to update your social media in the workplace policy?
You know what really grinds my gears? The choose-your-own-adventure security boxes that websites use. “Click all boxes with a tree in it.” In those moments, I am filled with self-doubt related to the definition of tree and whether the smallest speck of green is a tree. That is why I am here to say thank […]
Lease pitfalls commercial landlords should avoid
A well-drafted lease agreement will go a long way toward protecting a commercial landlord and ensuring that its expectations are achieved. However, sometimes what may seem like a minor lease term can have very large financial consequences down the road. Here is a discussion of a few pitfalls that can be avoided. Leeway for late […]
Noteworthy and quoteworthy: two new books of quotes
If you’re relying on the internet for quotations, stop right now. Stop for two reasons. One, the internet is unreliable. It misattributes too many quotations to Abraham Lincoln, Oscar Wilde and Mark Twain. When a person is quoted, it should be the right person. And a quotation should be an accurate rendition of a sentiment, […]
Behavioral health parity rules: What employers need to know
With increasing regulatory scrutiny and litigation by employees against employer sponsored group health plans, now would be a good time to find out if your employer-sponsored group health plan is compliant with behavioral health parity rules. In 2008, Congress passed the Mental Health Parity and Addiction Equity Act, or MHPAEA. This law requires large group […]
The robots are here: Take care when using AI in the workplace
When used effectively, artificial intelligence, or AI, can eliminate much bias in decision-making. However, when misused, AI may actually promote the same bias it should thwart. Generally, employers use AI in the workplace through supervised machine learning, or SML, during the hiring process. SML uses algorithms to analyze applicant data and recommend which candidates will […]
Fighting stigma: Speaking up
For so many of us, the goal of success is what drives us to sacrifice and persist through obstacles. However, this goal of success can take on a life of its own, leading toward perfectionism, becoming our identity, and sacrificing important values in pursuit of what we imagine will make us fulfilled. When I see […]
401(k) plan management under greater scrutiny
As Benjamin Franklin once said, “nothing is certain except death and taxes.” At their core, Franklin’s words ring true today, but there are more things we can predict with good certainty given our access to data. Employers can get a sense for potential exposure by watching for a rise in certain unique lawsuits. Now in […]
Is any pandemic relief still available for employee benefit plans?
As we approach our third new year since the first reported cases of COVID-19, related relief may seem like old news. Although much of the government-sponsored pandemic relief has expired, there are aspects that remain germane for employer-sponsored benefit plans. Specifically, relief provided as part of the national emergency and the public health emergency declarations […]
Briefly: Line dancing for lawyers
We have written about the importance of not switching line spacing or typeface settings in an attempt to squeeze more words into a brief — especially after the court has rejected your request for additional pages. (See “In briefs, what a difference a font can make,” Virginia Lawyers Weekly (Aug. 29, 2022).) Parties doing so […]
Verdicts & Settlements
- Worker fell off roof, rendering him a paraplegic — $1.25M settlement
- Driver sustained permanent hearing loss after traffic collision — $240,000 settlement
- Plaintiff suffered concussion in rear-end collision — $81,000 verdict
- Builder misrepresented home status to buyers — $675,000 verdict
- Low potassium led to cardiac arrest, death of patient — $1M settlement
- Excessive propofol caused death in dialysis patient — $850,000 settlement
- Pedestrian struck in crosswalk in hit-and-run incident — $300,000 settlement
- Navy veteran killed in collision with box truck — $1.85M arbitration award
- Motorcyclist ejected from bike in collision with SUV — $1.5M settlement
- Jury rules in plaintiff’s favor in defamation suit with city — $300,000 verdict
- Woman missed step on walkway, rupturing Achilles tendon — $160,000 settlement
- Court dismisses suit in hit-and-run death of 2-year-old
Opinion Digests
- Debtor fails to show that signatures were forged
- Alleged defect in service of process excused
- Sales reps defeat injunction motion by former employer
- Court refuses to strike damages expert’s report
- Company can’t dismiss securities class action
- Defendants sued for not repaying loan
- No claim for ACA retaliation outside employment arena
- Plaintiffs awarded $33K in damages, $324K in fees
- Bank dodges claim for customer’s in-person transfer
- Jury to decide who is on hook for $207K loss
- Woman claims hospital did not offer appropriate exam
- Board members accused of political patronage
