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When joining a rival firm, watch out for legal traps
Legal Business | 2007/11/13 04:22

Ready to join a rival, you urge several subordinates and clients to come along. You assume you're safe because you lack a noncompete agreement.

Big mistake. Your poaching attempt may bring you big trouble. A growing number of companies sue job hoppers for luring staffers or customers while still employed there. Such lawsuits often claim breach of fiduciary duty. One financial-services concern waged a nasty court fight that stalled defections for months after a manager handed out applications for his new workplace during an office party shortly before he joined the competitor.

In addition, costly litigation over your pre-exit antics "can cast you in a bad light at your new employer," says Christopher Stief, head of the employee defection and trade secrets practice for Fisher & Phillips, a national law firm. "You don't want to have this happen to you."

Even a threatening letter from your old bosses can jeopardize your move. "Just the whiff of a suit is enough to spook an employer," notes Allan Bloom, an employment law specialist for Paul, Hastings, Janofsky & Walker in New York. "I have seen offers pulled."

There are ways to avoid landing in legal hot water when you jump ship to a rival. Experts recommend choosing your words and deeds carefully from the outset of the courtship until you clean out your office.

Beginning with your job interview, never suggest how many loyal co-workers would tag along with you if you got hired. Some skittish businesses reject candidates for boasting about their ability to recruit teammates. "It would be a negative," the general counsel of a major high-technology concern says. "You question the ethics of that individual."

And don't reveal secret customer information to a hiring manager. You'd be safer -- and viewed more favorably -- describing your annual sales and commissions, without giving the exact number of sneakers you peddled to Foot Locker last year.

Brett Senior & Associates, a law firm in Conshohocken, Pa., sued accountant Stephen Fitzgerald last year soon after he quit and joined Fesnak & Associates, a Blue Bell accounting firm that Brett Senior considered a competitor. While discussing his possible employment, Fitzgerald showed several Fesnak partners a list of about 69 clients he served plus the fees paid by 48, the suit alleged.

Mary A. McLaughlin, a U.S. district court judge in Philadelphia, dismissed nearly all of the suit's charges this past July. Among other things, she said, Brett Senior failed to prove those client names and fees paid "were its property."

Still, the judge ordered Fitzgerald to stand trial on his alleged breach of fiduciary duty for calling 20 clients before he left. Fifteen clients followed him. He "conceded that at least some of these contacts were solicitations," her ruling noted. "An employee cannot solicit customers for a rival business."

In court filings, Fitzgerald denied any wrongdoing. He quit Fesnak six months ago for a better job and declines to comment on the case, according to his attorney Bruce E. Rodger.

You can steer clear of such legal troubles by keeping customers clueless about your new employer's identity. You shouldn't even announce your fresh title, phone number or email address before you resign.

As an extra precaution, conceal your departure plans from everyone at work except your supervisor. "Almost anything you say about your intentions to leave could cross that line," cautions Keith Wexelblatt, a senior counsel for Reebok International.

Other job hoppers get in trouble because they suddenly treat differently some subordinates they hope will follow them. "They try to take the distasteful things off the employee's plate" or overlook that staffer's mistakes, explains Steven L. Manchel, a partner at Manchel & Brennan, a law firm in Newton, Mass.

It's also wise to seek legal advice, bankrolled by your employer-to-be, about proper exit behavior. Reebok retains legal specialists like Manchel to coach every incoming executive and certain managers. "I just hope we can stop people from doing stupid things," Wexelblatt says.

The confidentiality of your chats with an attorney vanishes, however, if you email her from work. "The minute you think of leaving, stop using the company computer" for personal matters, suggests a Washington trial lawyer who handles cases involving officials joining rivals.

Even bringing home sensitive documents during your final days could raise red flags. Bottom line: Leave your holiday card list at the office -- especially if it includes names of key customers that competitors don't know about.

You may woo former clients and co-workers once your new job starts as long as your efforts don't involve confidential information, Manchel says. He quit a Boston law firm 10 years ago to launch his own shop.

The day after he resigned, the lawyer recalls, "I informed my most significant litigation clients -- and they all continue to use me."




First U.S. Law Firm Creates Sustainability Officer Job
Law Center | 2007/11/13 04:19

In recent years, sustainability officers have been hired by corporations and universities, foundations and government agencies to manage their relationships with the environment on many levels - ecological, social, economic, policy and political, and governmental.

But law firms? No.

Until now.

The international law firm Nixon Peabody LLP today announced the appointment of a chief sustainability officer. Carolyn Kaplan, an attorney in the firm's energy and environmental practice, will serve in the new role.

Nixon Peabody is the first in the legal industry to establish such a position, although many of the firm's clients and global industries have done so as part of corporate commitments to sustainability.

"This new position reflects our commitment to implement sustainable principles at every opportunity in our firm. We are supporting the commitment to sustainable practices that our clients are adopting and implementing," said Harry P. Trueheart III, chairman and managing partner of Nixon Peabody.

"I'm proud to serve in this new role at Nixon Peabody," said Kaplan. "In addition to improving our own performance, I believe we can assist our clients to achieve their business goals while attaining the best environmental result."

In her new role, Kaplan will work closely with Nixon Peabody's operations director to further reduce the firm's carbon footprint and implement internal green initiatives, as well as to look for opportunities to partner with clients and potential clients on joint sustainability activities.

While serving as chief sustainability officer, Kaplan will continue her legal practice in energy, environmental and land use law. Kaplan also co-chairs the firm's Renewable Energy Team and has assisted clients on a variety of renewable energy projects, including the siting of land-based and offshore wind facilities.

Nixon Peabody has been fostering sustainable business practices. Earlier this year, the firm announced the opening of its first green office in San Francisco which is a model of sustainable design, green building techniques, and a healthy work environment.

The office has been certified by the U.S. Green Building Council under the program for Leadership in Energy and Environmental Design, LEED, making Nixon Peabody the first law firm in the United States to be LEED certified in the category of Commercial Interiors.

In the coming months, other Nixon Peabody offices will also pursue LEED-certification.

All of the firm's offices are implementing sustainability programs, adopting waste minimization practices, switching to eco-friendly building materials and cleaning products, and identifying other ways to reduce the firm's carbon footprint.

With 700 attorneys collaborating across 25 major practice areas in 17 office locations, Nixon Peabody is one of the largest law firms in the United States and is recognized by American Lawyer Media as a "Global 100" firm.

Nixon Peabody has been recognized by FORTUNE magazine as one of its "100 Best Companies To Work For" in 2007 for the second consecutive year. The firm has also been named to the Human Rights Campaign's 2007 "Best Places To Work For GLBT Equality" list.



MSU hires general counsel from Strong Law Firm
Legal Business | 2007/11/13 02:25

Missouri State University has hired a former vice president of Strong Law Firm as its new general counsel.

MSU’s Board of Governors executive committee today approved the hiring of Clifton “Clif” Smart, who begins Dec. 1. He will be paid $130,000 annually plus a car allowance, according to an MSU news release.

Smart was with Strong Law Firm PC for 15 years. He had been a shareholder there since 1995 and vice president since 1998. His practice consisted mostly of catastrophic injury, medical malpractice and commercial cases.

Smart holds a juris doctor degree from the University of Arkansas School of Law and a bachelor of arts degree from Tulane University.

Smart replaces John Black, who begins as general counsel at City Utilities on Dec. 1, according to CU spokesman Joel Alexander. Black was with the university for 12 years.



EU consumer laws won't go US route
International | 2007/11/13 01:29
AMERICAN-STYLE class action lawsuits are not on the agenda in Europe, ministers have promised.

The European Union's consumer chief dismissed fears she intends to introduce US-style class action lawsuits to member states next year as part of her strategy to strengthen consumer rights.

EU Consumer Protection Commissioner Meglena Kuneva announced in March that she hoped to introduce a new system of "collective redress" aimed at giving European consumers more power to bring claims against providers of faulty goods or services.

But she dismissed claims that she proposed to copy the US system, where class action laws have allowed lawyers to create a thriving litigation industry seeking colossal damages against companies.

Class actions have been criticised in the US as letting enterprising law firms win big fees while often generating little return for the individuals concerned.



Howard G. Smith Announces Class Action Lawsuit
Class Action | 2007/11/13 01:28
Law Offices of Howard G. Smith announces that a securities class action lawsuit has been filed on behalf of purchasers of the common stock of Office Depot, Inc. ("Office Depot" or the "Company") between April 26, 2007 and October 26, 2007 (the "Class Period"). The class action lawsuit was filed in the United States District Court for the Southern District of Florida.

The Complaint alleges that the defendants violated federal securities laws by issuing material misrepresentations to the market concerning Office Depot's business and financial performance, thereby artificially inflating the price of Office Depot securities.

No class has yet been certified in the above action. Until a class is certified, you are not represented by counsel unless you retain one. If you purchased Office Depot common stock between April 26, 2007 and October 26, 2007, you have certain rights, and have until January 4, 2008, to move for Lead Plaintiff status. To be a member of the class you need not take any action at this time, and you may retain counsel of your choice. If you wish to discuss this action or have any questions concerning this Notice or your rights or interests with respect to these matters, please contact Howard G. Smith, Esquire, of Law Offices of Howard G. Smith, 3070 Bristol Pike, Suite 112, Bensalem, Pennsylvania 19020, by telephone at (215) 638-4847



Warner Chilcott Settling Class-Action
Class Action | 2007/11/13 01:26
Specialty pharmaceutical company Warner Chilcott Ltd. said Friday it reached a tentative settlement in an antitrust lawsuit involving its contraceptive Ovcon 35.

The settlement is part of a class-action lawsuit brought by direct purchasers, the company said.

Under the proposal, all claims will be dismissed and the class action lawsuit will be terminated for a cash payment of $9 million.

The deal is still subject to negotiation.



Continuing Education-- Attorney Career Satisfaction
Events and Seminars | 2007/11/12 14:53
Attorneys face many chalenges to career satisfaction including balancing work and life, advancement, business development, stress, time management, not to mention lawyer jokes.  A continuing legal education (CLE) class entitled "Finding Career Satisfaction In The Law: Using Creative Problem Solving and Planning" has been set for November 30, 2007 at the Southdale Library in Edina, Minnesota. This seminar is designed to help lawyers come up with a plan and methodology for addressing obstacles to career satisfaction.

According to Shaun Jamison, J.D., Ph.D., "If we want to keep our legal system working well, we need to find ways for more lawyers to overcome obstacles to enjoying what they do.  Many lawyers leave the practice of law and others stay and are unhappy.  The key is to improve the situation for lawyers facing challenges who want to stay so they can continue to be effective advocates for justice." Jamison notes the seminar is unusual for a CLE in that it utilizes very interactive, adult-learning oriented methods.  "Attorneys will learn from each other and wil actually work on a plan for overcoming their challenges during the seminar."

Dr. Jamison is a law professor as well as a business and life coach.  He has practiced law, served in management at Thomson-West and taught law.  His co-facilitator for the seminar, Leonard Lang, Ph.D. is also a coach and facilitator and has led trainings for groups ranging from engineers at Guidant Corporation to physicians at United Hospital.  He is the author of "Guide to Lifework: Working with Integrity and Heart".

The seminar will be held November 30,2007. Seating is limited.  This course has been approved by the Minnesota State Board of Continuing Legal Education for 6.0 hours in the following category of credit: Professional Development.
For information:http://www.beardavenue.com/cle
or contact: Shaun@guideonyourside.com
Phone: 952-933-1088


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Class action or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued. This form of collective lawsuit originated in the United States and is still predominantly a U.S. phenomenon, at least the U.S. variant of it. In the United States federal courts, class actions are governed by Federal Rules of Civil Procedure Rule. Since 1938, many states have adopted rules similar to the FRCP. However, some states like California have civil procedure systems which deviate significantly from the federal rules; the California Codes provide for four separate types of class actions. As a result, there are two separate treatises devoted solely to the complex topic of California class actions. Some states, such as Virginia, do not provide for any class actions, while others, such as New York, limit the types of claims that may be brought as class actions. They can construct your law firm a brand new website, lawyer website templates and help you redesign your existing law firm site to secure your place in the internet.
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