The economy and the credit squeeze challenge our professional lives each day. Whatever your area of practice your clients are concerned about the financial challenges they face and the rational options available to them. The challenge for you in the role of counselor is to offer sound, effective, and substantial advice, whether helping with bankruptcy or referring them. The ABA Web Store has effective resources to expand your knowledge base to make you a more effective counselor in helping clients to weather a storm-lashed economy.
Persons who pose a direct threat to the health or safety of themselves or others are unqualified to use the Americans with Disabilities Act to redress discrimination. In making a direct threat determination, employers must conduct an individualized assessment of the person's present ability to safely perform essential job functions, identify the specific behavior that poses a threat, and assess the likelihood and imminence of future harm. Learn what's relevant in deciding whether a threat exists in the workplace.
Whether in litigation or settlement, or in prelitigation circumstances, clients involved in divorces should be counseled to seek common ground. Consider these examples.
Nearly all employers, regardless of size, have a formalized appraisal process that they attempt to administer in a consistent manner that is free from bias. Most gender bias is subtle rather than overt, however. What appears to be a facially neutral, objective, job-related evaluation process may in application lead to lower scores for female lawyers that are not justified by on-the-job performance. As a result, many talented female lawyers receive lower compensation, lower bonuses, fewer opportunities, a delay in or removal from partnership track, or outright termination.
Approximately 350 federal statutes specifically preempt state and local regulatory authority, and half were enacted in the period 1980-2000. Why the boom? Much of the recent attention upon preemption law has arisen from the large economic stakes of success or failure in products liability litigation. Plaintiffs' trial lawyers have a major economic stake in restraining the reach of federal preemption of tort remedies.
As more electronic storage information systems become the subject of case law, there is a growing body of law on the conversion of accessible data into inaccessible data, or "data downgrades." In fact, two magistrate judges from the same court have expressed opposite views on the subject. Read a summary of these cases and a discussion of duty to preserve.
In construction law, a settlement agreement is a binding legal contract that should be drafted with the same consideration as any other contract signed in the course of business. In another sense, a settlement agreement documents the transition of the parties from disputants to former disputants. The settlement should be concluded in a detailed writing to memorialize the agreement so nothing is left in question.
If you're a typical attorney, there are probably several hundred or even a few thousand e-mail messages in your inbox. Microsoft Outlook 2007 gives you the tools to file and deal with e-mail messages and not have to lose or overlook anything. You can be more effective and provide better service to your clients.
The ABA Book Briefs Podcast is a series of audo interviews, discussions, and readings from ABA Books. Our Feature Podcasts are about 10 - 15 minutes in length and come out once a month. Occasionally we offer Special Podcasts. You can listen to each podcast individually or you can subscribe to receive them automatically when they are released.
Wildlife Law This episode of the ABA Book Briefs podcast series was produced in cooperation with the ABA Tort, Trial, and Insurance Practice Section’s Animal Law Committee. In this podcast, Gilda Mariani, 2007-2008 chair of the ABA TIPS Animal Law Committee interviews Raj Panjawani editor of the ABA book Wildlife Law: A Global Perspective.
ABA Members can now save on the Program on Negotiation's Negotiation newsletter. If you are an ABA Member, in order to receive your special subscription price, please specify the Product Code: 08Z00ABA.
This 120GB iPod Touch comes preloaded with two of our most popular Business Law CLE Programs: Fundamentals of Third Party Closing Opinions (Video) and Crossing the Threshold: Why Ask for an Opinion at All? (Audio). As an added bonus, the course materials for each program come on a USB Flash drive.
The commercial real estate financing markets continue to be in an upheaval, as the subprime meltdown flows its way through the system. With news of further aftershocks breaking every day, the speakers provide current information on trends..
This program is based on the idea that the practice of law crosses both physical and virtual state lines. A lawyer who is practicing in a state where he or she is not licensed has to engage in a two-step analysis to ensure compliance with ethics rules..
ABA Publishing Practice Essentials - Articles
Now you can have instant access to articles previously available only to members of certain ABA entities. Articles from Litigation, Probate & Property, The SciTech Lawyer, and Experience are available as searchable PDF downloads.
