Liability in Sexual Harassment Suit

Illinois, Michigan and North Dakota are the only states that expressly prohibit sexual harassment. Other than these states, sexual harassment acts are considered as a type of discrimination. In California, for instance, these acts are prohibited by a number of statutes and by the federal Title VII of the Civil Rights Act and the ADA.

These laws and other various statutes ensure that victims of sexual harassment are protected. Other than this, the state government continues to make laws to improve the conditions in the workplace and prevent sexual harassment acts. AB 1825, for instance, is a law passed in 2004, which provides training for supervisors on how to handle situations involving sexual harassment.

The article “Testimony in Hollywood Sexual Harassment Suit Continues”, posted on September 24, 2008, tells of the continuing sexual harassment lawsuit brought up by an actor against a fellow worker.

The article mentioned the changes that have taken place since the lawsuit was filed. In this case, a witness has made a different testimony regarding the alleged sexual acts, contrary to what was presented by the plaintiff.

As sexual harassment is a delicate issue, the law has defined which acts are considered harassment and thus prohibited:

• vulgar or lewd comments

• forcing workers to wear sexually revealing uniforms

• unwanted physical touching or fondling

• suggestions to engage in sexual conduct

• Even obscene or sexually suggestive cartoons and posters

• Occasional inappropriate touching, off-color jokes, or repeated sexual references can be sexual harassment.

It depends on the circumstances. Courts consider the nature, severity, and frequency of the conduct, as well as the conditions under which the conduct occurred.

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CI Pro Interview with Christopher Batio

Name: Christopher Batio
Title: Assistant Director for Business Development and Competitive Intelligence
Firm: Crowell & Moring, LLP
Since: January 2005
Profiles: LinkedIn

Q: What is your job description at Crowell & Moring?

A: I oversee all business development activity, including proposals, pitches, lateral biz dev planning, biz dev tools, and CI. I also do some training in biz dev planning for young attorneys and am developing a presentation on effective ways for lawyers to use online networking.

Q: Who are your typical CI clients at X?

A: My typical clients are practice group chairs, supervising client partners, young partners and counsel building their book of business, and lateral attorneys working to transition business to Crowell & Moring. I also work with non-attorney professionals in our Public Policy Group and International Trade Consulting Group. When we are trying to win significant new business or retain a long-time client, I am usually at the center of things.

Q: What are three common KITs you’re often asked to address?

A: KITs we often deal with include: 1) developing data on competition decision makers, 2) identifying competitors and their strengths and weaknesses, 3) identifying potential lateral attorney recruits, and 4) developing data on client issues to suggest cross-selling opportunities.

Q: How is the intelligence function organized at your firm? To whom do you report?

A: Our CI function rests within our Marketing and Business Development Department, but we often work with our Library Research Services Team for support. I report to the Director of Marketing and the CMO of our firm.

Q: What experience or training prepared you most for the CI work you do now at Crowell?

A: While managing proposal teams for KPMG and GE, I worked to analyze more than 300 different companies during competitive pursuits. This experience helped teach me more than any other about how to glean useful information from public sources and then analyze it to develop meaningful CI.

Q: What formal CI training have you had?

A: I have read extensively on CI since I first began doing professional services marketing in 1998, focusing on material by Leonard Fuld and Ben Gilad. I have also attended seminars run by Fuld & Company, Ann Lee Gibson, and SCIP over the years.

Q: Where do you go for ongoing CI training and mentoring?

A: Ann Lee Gibson (of course!) and my boss, José Cunningham.

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Prudence and analysis

Lately I’ve been thinking a lot about analysis, both in terms of competitive intelligence and in terms that affect me directly—like investment decisions, career management, whom to vote for, how my industry will be affected by the events on Wall Street and in Washington—things like that.

Anyone who has a passing acquaintance with competitive intelligence knows that analysis lies at its heart. Analysis is everything CI professionals do with information they gather to identify patterns and produce intelligence their decision-making clients use to improve their decisions.

With these issues on my mind, a paragraph in a recent New York Times column by David Brooks, "Why Experience Matters," caught my eye:


“What is prudence? It is the ability to grasp the unique pattern of a specific situation. It is the ability to absorb the vast flow of information and still discern the essential current of events — the things that go together and the things that will never go together. It is the ability to engage in complex deliberations and feel which arguments have the most weight.”
Hmmm, I thought, this sounds like analysis. In fact, I like very much Brooks’s definition of prudence as a synonym for analysis. His prudence is no Nervous Nellie of a virtue, but sagacity, shrewdness, intellectual discipline, and good judgment rolled up into one helluva risk-minimizing Athena-like attribute.

Brooks goes on to posit that prudence is acquired through experience. He says one gains experience through personal involvement and the study of history. He says prudent leaders have the ability to build and test models “… and apply those [models] to current circumstances to evaluate what’s important and what’s not, who can be persuaded and who can’t, what has worked and what hasn’t.”

I don’t recall seeing anywhere any better description of analysis and decision-making. I’m only surprised it came in the form of a political column. (Memo to self: Keep inspecting those assumptions.)

Finally, these connections among prudence, experience, and analysis also inform another ongoing argument I have with myself: When law firms build and staff their CI units, should they (1) hire CI professionals from other industries who have strong analytical skills, but no legal industry experience or (2) reassign people within the law firm to this unit who have strong industry knowledge and experience, demonstrated analytical instincts, but no CI analytical training or experience? Although this is a topic for another column, I already think the best answer will not be a simple “either-or” one.

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Erbs Palsy

This is an injury that can be caused at birth and often times is the result of medical negligence. There are specific protocols doctors and mid wives are trained to follow when they encounter a birth emergency such as the baby becoming stuck due to the shoulders not passing through the birth canal. The various protocols include:

McRoberts Maneuver: Where the mother is repositioned and flexing knees to abdomen

Surapubic Pressure: Where push pressure is asserted over the mother's abdomen.

Wood's or Cork Screw Maneuver: Rotating the child's upper shoulder downward and the downward shoulder up ward.

C- Section: Which is extracting the baby through surgery.

There are four major types of injuries which occur to the nerves in the brachial plexus network which can result in some form of palsy:

1. an avulsion meaning the nerve is torn from the spine.

2. a rupture meaning the nerve is torn but not where it attaches to the spine.

3. a neuroma meaning the nerve has tried to heal but scar tissue has grown around the injury placing pressure on the injured nerve praxis. While the nerve has been damaged, it has not been torn and improvement should be seen within 3 months.

4. Neuropraxia is the mildest form of nerve injury. Neuropraxia, the most common form of Erb's Palsy is localized to the specific place where the injury occurs. It is a physiologic block of nerve conduction within an axon without any anatomical interruption. Many infants born with brachial plexus palsy have neuropraxia and sometimes recover within 4-6 weeks.

If you are not sure if negligence was involved in your baby's injury call my office. We will investigate the cause for you and provide those answers at no cost to you. 1-888-760-7339.

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If at First You Don’t Succeed….

Pursuing disability benefits is an activity involving persistence. In this respect, pursuing a claim is like playing a game. Like game players, disability claimants must adhere to rules governing the awarding of benefits.

In most cases, disability applications are denied at the initial stage. This happens especially to those who had applied for benefits under social security disability (SSD) and supplemental security income (SSI). Rejected for the first time, a claimant should not be discouraged. Rather he should look at the brighter side of things: that it is always possible to make an appeal and to have a case reviewed.

At any rate, a claimant must first evaluate his application before making a claim:

1. An applicant must carefully look for reasons why his application was denied. Majority of the applications denied were simply due to technical errors such as incomplete information supplied by claimants. According to Social Security Administration, nearly 80 percent of applications for disability benefits were denied simply because some claimants have entered erroneous or incomplete data.

2. To be able to receive benefits under the SSD, an applicant must have a severe impairment or a medical condition categorized by the SSA as a disability. A claimant must show that his disability is so severe that it had greatly affected the way he lives.

3. A claimant must also show that he was not able to engage in any gainful activity caused by his disability or condition for about a year.

If an application is denied in the initial stage, a claimant must immediately file for an appeal known as a request for reconsideration.

While awaiting the result of the appeal, it would be better for an applicant to review his application and obtain the necessary medical documents to support his claim. Getting the help of an experienced social security lawyer would also work to one’s advantage.

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Heller to dissolve tomorrow

According to a brief article published by The Recorder at Cal Law sometime after 1:00 pm Pacific time this afternoon, partners of the Bay Area-based law firm of Heller Ehrman will vote to voluntarily dissolve the firm tomorrow, Friday, September 26.

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Abuse of authority by police

According to the bible, everyone must submit himself to the governing authorities, for there is no authority except that which God has established. The authorities that exist have been established by God. Romans 13:1. However, what happens when people in power abuse that authority? From this abuse of authority, comes the infamous "police brutality."

Police brutality is a term used to describe any excessive and unnecessary physical force, assault, or battery used by law enforcement officials when dealing with the public. Section 42 of The United States Code states that "... any person working under the authority of a state law enforcement body who violates the civil rights of individuals in the U.S. is liable to pay for any damages they cause."

Police agencies have been given a new way to express their aggressions towards the public, without the fear of killing so many, or so they thought. The invention of the taser has created a new way for the police to over power the public, and the use of taser is increasing in alarming numbers.

The name Taser is an acronym for "Thomas A. Swift’s Electric Rifle". Arizona inventor Jack Cover designed it in 1969; naming it for the science fiction teenage inventor and adventurer character Tom Swift.

Modern taser-type weapons fire small dart-like electrodes with attached metal wires that connect to the gun, propelled by small gas charges similar to some air rifle propellants. The maximum range is up to 10 meters (30 feet). Earlier models of Taser needed the dart-like electrodes to embed in the skin and superficial muscle tissues layers; newer versions of the projectiles use a shaped pulse/arc of electricity which disrupt nerve and muscle function without needing the metal prongs on the projectile to penetrate the skin. Early models had difficulty in penetrating thick clothing, but the ‘pulse’ models are designed to bring down a subject wearing up to a Level III body armor vest.

There are some widely known cases of police brutality, but there are thousands more that never receive nationwide media attention. Any time a police officer abuses his or her authority and inflicts undue suffering on any person it is an affront to not only the victim of the pain, but to society as a whole.

Our latest client was so proud that he was going to fix his son’s car, that he decided to go to a 24 hour auto part store, in retrospect, this was a mistake. He was eventually tased several times and he had to be hospitalized because he developed a fatal cardiac condition, atrial fibrillation. From a proud moment to shameful and fatal consequences, his case is one of thousands that teaches us a lesson: the people we depend on to protect us from criminal aggressors should never become the aggressors themselves.

If you or some one you know has been a victim of police brutality, please contact The Baez Law Firm, P.C. We have experienced police brutality lawyers that will handle your case with respect and dignity. Please contact us at our websites: http://www.thebaezlawfirm.com http://www.sanantoniopersonalinjurytriallawyers.com http://www.baezlaw.com or call us at (210) 979-9777 for a free initial consultation.

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When Absences and Work Leave Becomes a Job Issue

When an employee gets sick and has to take a leave, it is usually expected that he would notify his employer about his absence. If he fails to do so, the consequences are often undesirable to the worker.

Take the case of the employee who lost his job after taking up more than the allowable number of absences and failed to notify his employer. Because of this, the employee was sacked.

In the article, “CFRA Requires a California Employer to be Proactive with its Employees Sick Leave”, posted on September 18, 2008, the issue of absences and sick leaves were tackled. Based on the case, the Continental Airline employee exceeded the allowed number of absences and missed notifying his employer about it, although he told some of his friends that he was hospitalized for an illness. As a result, he was fired.

Generally, unexplained absences can be a basis for one’s termination. If an employee or worker fails to notify or give a valid reason to his employer about his absences, the issue would certainly result into a job issue.

However, the law protects employees from being penalized for taking leaves when necessary. In California, for instance, the Family and Medical Act and the California Family Rights Act guarantee protection of these rights.

These statutes allow eligible employees to take leave of up to a total of twelve (12) weeks for each calendar year.

To be eligible for this leave, a full-time employee must have been employed for a total of twelve (12) months and he must have worked 1,250 hours in the year preceding the leave.

Under the law, a leave may only be permitted for the following reasons:

• If the employee is unable to work due to a serious health condition

• To care for an immediate family member (spouse, child or parent) who has a serious health condition

• During the birth or adoption of a child or during a foster
In order to qualify for such a leave, an employee must meet the eligibility standards set by law and a notice to the employer must be made. At the most, he would have to consult with an experienced employment lawyer to help him with the issue.

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Medical Malpractice in Maryland. Those Cases Matter Too.

If you have been injured as a result of a doctor or hospital's careless treatment and you have been to the lawyers and each one tells you the damages do not justify filing suit call me before you give up the fight. A common opinion for many malpractice lawyers is that the case has to be worth seven figures to justify filing suit. I happen to disagree. I see many medical negligence issues each year where the damages are less then optimal but the case still has value beyond expenses. I am more then happy to give your case an initial evaluation or that final review after everyone has said no. Too frequently a blind eye is turned on those who deserve. This is done in favor of what many consider more prudent business decision making. Let my office be your last stop. Please feel free to call to discuss your medical malpractice case. 1-888-760-7339

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CI Pro Interview with Jan Rivers of Dorsey & Whitney

This is the second in a series of interviews I’m conducting with CI professionals who work in law firms. My goal is to understand better their backgrounds, skills, reporting structures, contributions, and outlooks.

Name: Jan Rivers
Title: Competitive Intelligence Liaison
Firm: Dorsey & Whitney LLP
Since: 2002
Profiles: LinkedIn and Law Libraries Ning

Q: What’s your job description at Dorsey & Whitney?

A: I conduct competitive intelligence for the firm’s marketing and strategic initiatives.

Q: What’s your formal educational background?


A: My undergraduate degree was in mass communications, with other undergrad work in international relations. I also have a Master’s degree in Library Science.


Q: Who are your typical clients at the firm?

A: My typical clients are Marketing and Business Development, firm management and operational departments, and practice groups. I work with everyone from financial analysts to the management committee to recruiting personnel to practice heads to marketing directors to partners and associates. This is across all offices.

Q: How is the intelligence function organized at your firm and to whom do you report?

A: The CI function is part of the firm’s Information Resources Center, formerly known as the library. I report to the Director of Information Resources and have a dotted line relationship to the Marketing and Business Development department. I attend both groups’ meetings and both have input on my performance review, etc.

Q: What experience or training has prepared you most for the CI work you’re doing now?

A: I think my experience at Arthur Andersen prepared me the most for the CI work I do at Dorsey. I was with Andersen for six years before joining Dorsey, lastly as a manager in the Risk Management Services Group. Prior to that at Andersen I was part of the AskNetwork, a business unit within Knowledge Enterprises. We were a research, database development and information resource procurement group serving external, as well as internal, clients and were on the practice side of the business, not the support staff side. The corporate experience was invaluable not only from the research side, but from the operational side as well. We had to bid for work, estimate large research and database development project costs for clients, etc. I was a team leader and manager in the AskNetwork, thus was involved in the team’s operations, strategic planning and other initiatives. It was like being on the management team of a business, which has been great experience for understanding what drives business and strategy. I also have a communications/ journalism background, which has been helpful in knowing how to write and put together reports.

Q: Where do you look for professional inspiration and mentors?

A: For ongoing CI training and mentoring, I go to both the Special Libraries Association's Competitive Intelligence Division and to the Society of Competitive Intelligence Professionals. I also go to the American Association of Law Libraries' Competitive Intelligence Caucus (disclaimer: I'm a co-founder). Additionally, I network with a number of other law firm CI professionals.

Q: How would you describe the future of CI in the legal industry?

A: I think that CI will continue to gain momentum and will not be seen as a "nice-to-have" capability, but as a necessary one. This is already happening, but it will accelerate as more firms establish a CI function. CI will eventually become a distinct unit within law firms co-existing alongside Marketing/Business Development, Information Resources, and other departments. Some firms are closer to this than others, but as the function further develops and becomes a standard part of firm operations, it will move into a more formalized structure of its own.

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Statute of Limitations in Maryland Personal Injury

You must be very very careful on issues involving the Statute of Limitations. Once your period of limitations has run out you will be forever barred from filing suit against the person(s) that harmed you. My first advise to you is when you are injured in an accident no matter what type accident, car accident, medical malpractice, slip and fall, not matter what, first call an attorney who practices personal injury law in Maryland. If for no other reason simply ask, what is the statue of limitations in my case. Oddly in the last week I have had two calls from people who have waited until one month before the limitations is about to expire on their cases now seeking an attorney. Let me explain some thing right off the start. First off every attorney will suspect something is wrong with this case when they get a call this close to limitations expiring. Secondly, it is a horrible risk to any attorney to try to investigate a case to determine who needs to be sued in such a short period of time before limitations will expire. Generally when an attorney gets this type call the suspicion is other attorney's have already reviewed the case and rejected it for some reason and now the potential client is still looking for an attorney to take the case and time is running out. Always contact an attorney when you are injured. You do not have to hire them just ask what is the period of limitations. Please feel free to call. I will review the case for you and answer your questions right over the phone 1-888-760-7339.

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It's hard to accept intelligence that breaks your heart.

It must be very difficult to accept intelligence that foretells your demise or says your dearest strategies and models have failed. That’s the situation in which the major investment banks found themselves in the last few weeks and where many commercial banks also find themselves. It’s also the situation some US-based law firms are in now.

As most readers from law firms know, two Bay Area-based firms, Heller and Thelen, are visibly struggling with “you’re probably not going to make it” warnings, as they seek to find merger partners.

Eleven months ago I prepared a report for a client that was considering expanding in the Bay Area, which included this statement:

At least half a dozen large Bay Area law firms are showing signs of stress. If one or more of these firms were acquired or dissolved, the health of the remaining major firms practicing in the Bay Area—in San Francisco and the Valley and even beyond—would improve. Such change(s) would make a dramatically positive difference for a few firms.

Heller and Thelen were among the six stressed firms I reviewed, although they were in trouble for different reasons.

Over the years, Heller did many things right and built an admirable brand with a strong culture. Following the tech bubble, the firm was quick to jump on the life sciences bandwagon in 2002-2003. But in 2004 and 2005 the firm’s revenue and profit trends faded. The firm responded with partner de-equitizations, staff cuts, and other cuts and lowered expectations. If the firm made any strategic changes, those weren’t visible from the outside, although considerable business development flogging was evident. Still, “work harder, build revenue, cut costs, and de-equitize partners” is not a strategy.

Nearly three years later, after seeking and not finding a merger partner, Heller is considering dissolution, among other options. Their candor on this point is refreshing and, although deeply depressing to loyal Hellerites, will probably ensure that Heller’s best remaining legal DNA mates with the best possible other legal DNA at other firms.

Thelen, another Bay Area firm whose brand is less burnished than Heller, is regularly losing partners and groups while they seek a merger partner—their third. The firm has already squandered opportunities to grow and diversify through mergers it initiated with two New York-based firms, Reid & Priest and Brown & Raysman, but both mergers resulted in little permanent gain. Thelen’s growth strategy, to expand beyond its old-economy practices like construction law into financial, IP, and other practices, was upended by internal West Coast vs. East Coast rivalries. The West Coast winners were merciless, and the East Coast losers fled, as did some West Coast partners who found more peaceful places to practice law.
Memo to file: Collaborate, don’t compete, to achieve post-merger assimilation.

The Bay Area is not the only US geographic market that would be healthier with fewer corporate law firms; Atlanta, Boston, and Philadelphia have long been too crowded. And now it seems New York will experience law firm mergers and failures too. Obvious NYC candidates for hastened demise are firms that have lost big clients and will see double-digit percentage losses in firm-wide revenue and that have a very high transactional to litigation capability ratio.

Bruce MacEwen, the estimable law firm economist who blogs at www.adamsmithesq.com, reminded readers on Sunday that the most basic strategy key intelligence topics now apply: What are your firm’s strengths, and how much does the marketplace need what you have to offer?

Fortunes, careers, and reputations are made in exciting times like these. And hearts are broken, too.

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The death of i-banks and the future of law firms that served them

It’s a brave new world this Monday morning. The last two large Wall Street investment banks left standing, Goldman Sachs and Morgan Stanley, disappeared over the weekend. And if they didn’t exactly disappear, they’re no longer i-banks either.

On Sunday, Goldman Sachs and Morgan Stanley agreed to become bank holding companies, which are subject to much more stringent regulatory oversight by the Federal Reserve. This oversight will significantly increase their financial transparency. The change will also reduce the banks’ abilities to take big risks and make huge profits. They’ll have to put more of their own money into deals they put together. When borrowing large amounts of money to invest themselves, they’ll likely pay more for that money. Going forward, they won’t be able to invest nearly as much in non-financial companies as before.

What do these changes, effects, and possible unintended consequences mean for Wall Street law firms that evolved to fit i-banks’ needs and benefitted enormously from their success?

To address this very large question, let’s look first at what the changes are likely to include. Under the rosiest scenario, where the Federal Reserve’s actions and interventions have the desired effects, there’s considerable agreement that:

1. Credit will gradually become more available, and financings at all levels will move forward again.

2. No one will use the R word, but thawing credit doesn’t alter the fact that the U.S. is in an economic slump (the S word), a condition that will last who knows how long.

3. The bloodletting in the financial sector is not over; more banks will fail, in the US and abroad.

4. Profits in the financial sector will be down near-term and probably much longer.

5. At some point, investors will begin loosening their grip on record levels of cash and start investing again.

6. US markets are in a bear market, although global markets will reverse sooner.

7. Short-selling has been “temporarily” banned in some markets (I’m keeping the air quotes for now), and it’s rumored these bans may be extended.

8. Consolidation within the financial sector will continue, yielding near-term deal work.

9. Regulatory expansion in the financial sector will be a huge boon to the legal industry.

10. Litigation involving the financial sector and those who work there will be huge, with expected benefits for big litigation shops.

11. Bankruptcy and business reorganization work will be abundant.

One law firm success theorem says firms should serve sectors that are highly profitable. The no-longer-i-banks are not the highly attractive profitability destination they once were. That leaves hedge funds and private equity, and regulators are already headed in those directions. That leaves the big global banks, which, for the next era, will rule.

Sooner rather than later, human ingenuity and greed (in service to the urges humans have to compete and survive) will produce new financing models and instruments that investors will find seductive. Paradigms will shift. I do not believe there is any way regulatory agencies can guard against this kind of creativity. Smarter people will always outplay dumber ones. I’m not saying greed is always good, but I am saying greed (in our lifetime) is inextinguishable.

What is truly astonishing to me is that the intelligence world is relatively quiet about all these events. Why were so many people, companies, industries, and experts of all kinds (including lawyers) caught so flat-footed?

What do you think about all this? What do you think is likely to happen to Wall Street law firms—both near-term and long-term? Which legal practices will profit from these events? Which are endangered? Which new practices might emerge? What kinds of law firm mergers might these events precipitate? Which firms might fail and shockingly so?

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Bad Faith Failure to Settle in Maryland Personal Injury Cases

In the event you have damages that are in excess of defendant's liability coverage, setting aside the issues involving UM coverage for the moment, you can set up the potential for a bad faith claim against the defendant insurance carrier that might in the long run net you payment for the full extent of your client's harms. The Maryland personal injury case on point is Kremen v. Maryland Automobile Insurance Fund 363 Md. 663, 770 A.2d 170
Md.,2001. In this case defendant insurer had the chance to settle the case for policy limits however, refused to settle. The court determined the action for bad faith lies in tort and not in contract. In this case it was determined there was sufficient evidence in the record for the jury reasonably to have found that the defendant’s insurer did not fully investigate plaintiff's claimed head injuries. Because the jury was provided with evidence of the defendant insurers failure to investigate fully plaintiff's closed head injury claim and of plaintiff's willingness to settle unconditionally the underlying case for defendant's $20,000 policy limit, the trial court found that there was sufficient evidence before the jury to support its finding that defendant insurer acted in bad faith (negligently) when it refused to settle the case. The measure of damage was the difference between the policy limits and the amount of the judgment entered against the insured.

As a matter of practice when we conduct our initial client intake one of the first points of inquiry is UM/UIM coverage. Once our clients near completion of treatment we ball park value the case. When we feel we have an excess case we investigate defendant’s assets and upon confirmation of all damages forward a policy limits demand, if appropriate.

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Protected Category in Work Discrimination

Contrary to popular belief, an act is considered discriminatory and illegal only if it is based on the so-called protected category as stated by law. This means that an act is deemed actionable only under the discrimination laws listed in these categories.

What are these protected categories?

Under federal and state laws, these categories include the following:

• Discrimination based on race

• Discrimination based on disability

• Discrimination based on gender

• Discrimination based on religion

• Discrimination based on pregnancy

• Equal pay and compensation discrimination

• Sexual harassment

• Retaliation


Hence, if you think a discriminatory act has been committed based on all these protected categories, it is only proper to file a complaint to seek redress.

A California employee has the right to speak to representatives of the office of the California Labor Commissioner or any other government or law enforcement agency about any issues affecting your working conditions. On the other hand, an employer cannot fire, demote, suspend or discipline a worker or employee for answering any questions or providing any information to a government agency.

A discrimination complaint must be filed within six months after the occurrence of the alleged discriminatory and/or retaliatory action. However, complaints filed under Labor Code sections 230(c) (one year), 230.1 (one year), 1197.5 (no later than two years after the cause of action occurs), and Health and Safety Code section 1596.88 (not later than 90 days after action as to which complaint is made) are exempted from this statute of limitation.

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The power of myths to (mis)interpret dramatic events

I enjoy and appreciate the work of financial analysts and journalists who write for The Wall Street Journal, The New York Times, and other such periodicals. I also find it hard not to sneak a peek at the comments passionate readers post at the papers’ online sites. These comments sometimes offer psychological insights into how investors might respond to market events and other times are just good for a hoot.

On days like yesterday, when the Dow dropped 449 points following the $85 billion Fed bailout of A.I.G., one would think the economic events themselves would offer readers all the drama they could handle. It turns out that’s not the case. Yesterday, drama queens of all genders chimed in by the hundreds to comment on the events of the day. They reminded me that everybody fancies themselves an analyst who yearns to share their findings and influence decision-makers.

While reading their irate, simplistic, cynical, obsessive, hectoring, lecturing, and occasionally insightful comments, I also pondered the power of myths to explain and interpret frightening times and to give comfort. In the reader comments I read I saw the financial market meltdown and theoretical solutions explained most frequently in terms of good vs. evil; redemption through failure; redemption through sacrifice; the great savior; the hero’s journey; purification through disaster, et cetera—and I do mean et cetera!

One of several conclusions I came to at the end of a long day, spent trying to get a handle on what these financial events might mean for the legal industry, is that neither analysts nor decision-makers are immune from the influence of mythology to interpret dramatic events.

Although analysts might be justified in (and get away with) harnessing the power of myths when presenting actionable intelligence to decision-makers, we must guard against letting myths influence the hypotheses we test and the evidence we gather and consider (or fail to gather and consider).

Sometimes we really will find something new under the sun.

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The Labor Day Weekend: The Roads Safest Days

Generally, accidents can be expected during the holiday, especially the long ones, because people move around a lot. People travel miles and miles of distances for merry making and spending time with their families and loved one.

So it is refreshing news to hear that San Francisco, and the majority of cities and counties in California as well, recorded a lower motor vehicle accidents on this year’s Labor Day weekend.

According to the report of the California Highway Patrol, the traffic fatalities were surprisingly lower this year than last year. And the Labor Day weekend when traffic fatalities were historically the highest has been the safest in a year so far.

The downside is that as the accident rate decreases, the number of arrests made increases. This, the authorities theorized, has something to do with the measures of keeping the streets from offenders and consequently keeping roads and streets safer.

Majority of the arrest made involved DUI. There were also cases involving non-use of seatbelts. It was recorded that there are at least 9 deaths that occur in traffic accidents related to non-usage or not wearing of seatbelts. Such deaths, authorities believe, would have been prevented if only seatbelts were worn.

The same report revealed that automobile accidents in San Francisco were down almost half of the number recorded last year.

Generally, it is something to rejoice with and congratulate the California Highway Patrol for helping keeping our streets safer. Accident, especially auto accident, is something that we don’t want to happen to us or to our loved one and families – so news of this sort will always be a welcome treat for us especially during the times of rest and merry-making.

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That Horrible Metrolink Train Accident

Although the Federal transportation official made a pronouncement that it is too early to know what really caused the train crash that left:

• 25 people dead
• 135 people injured
• 40 critically injured

… the Metrolink official earlier said that the train crashed after their engineer drove through in red light.

Metrolink sensibly accepted responsibility in this now the worst train accident in Southern California, if not the whole of California, in half a century.

The LA Times extensively reported the news. And as if echoing the question many victims and their families or the public in general have in mind, the news account asks “how the Metrolink engineer could have missed the red signal.”

We cannot answer this question with definiteness this early. We can only surmise, speculate and infer from many unclear but determinable details of what really took place in the accident and what really caused it.

A lot has been said but as mentioned, that would remain speculations for now.

Answer/s to that question will not be available sooner or later as the investigation is still on going.

One thing is certain here though. Metrolink, now dubbed as one of the worst in the US when it comes to fatality record, will be facing the inevitable legal consequences brought about by this unfortunate train accident.

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Health Insurance

Very often consumers need to be guided to find the most suitable, lowest-cost medical insurance available then online Free Health Insurance Quotes is great chance on the way. There is no problem today to compare and buy cheap health plans directly online. There are great numbers of online medical insurance sites that can allow you to compare and buy cheap health plans. They offer insurance from multiple carriers and allowing you to compare plans earning your money. All what you have to do is just to pick up insurance plan you need.



There are wide range of Health Insurance types you can choose the most suitable ones whether it were family health insurance for insuring your family or some type of group health insurance suited for large corporations with hundreds or even thousands of employees, short-term health Insurance for preventing an insurance coverage gap or student health insurance offered their own student health plan, Supplemental Health Insurance Plans for a senior over 65, Dental Insurance for individual dental insurance, travel and Supplemental Health Insurance Plans as well. If you are unable to obtain medical insurance through your employer, you should seek coverage under one of many individual health insurance plans available out there.

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CI Pro Interview with Bill Fiora of Nixon Peabody

This is the first in a series of interviews I’m conducting with CI pros who work in law firms. My goal is to understand better their backgrounds, skills, reporting structures, contributions, and outlooks.

Name: Bill Fiora
Title: Manager of Competitive Intelligence
Firm: Nixon Peabody LLP
Since: October 2007
Profile: LinkedIn

Q: What’s your job description at Nixon Peabody?

A: My job here is to help the firm spot new growth and business development opportunities, in terms of geographies, client industries and within existing client relationships.

Q: Who are your typical CI clients at the firm?

A: My clients are the firm’s management committee. My assignments don’t come from individual partners.

Q: How did Nixon Peabody recruit you?

A: I could see that the function was very well positioned in terms of my having an impact on strategic issues and being able to focus on analysis, rather than on information collection.

Q: How is the intelligence function organized at your firm and to whom do you report?

A: I report into the Market Intelligence function, which at Nixon Peabody includes competitive intelligence, market research, and industry teams. I report directly to the Director of Market Intelligence, and she reports to the firm’s Chief Marketing Officer.

Q: What are some common key intelligence topics you’re asked to address?

A: Essentially, I try to figure out where our key client industries are going, what their areas of growth are, and where our firm might consider being in the next three to five years, both in the US and abroad.

Q: What experience or training has prepared you most for the CI work you’re doing now?

A: I’ve been working in CI so long it’s hard to say. My first intelligence job was with the CIA, where I worked for six and a half years. Then for ten years I was a CI consultant, helping companies establish and improve their CI capabilities. Through all that I’ve been able to see or learn quite a few best practices, traps, and key success factors.

Q: What’s your formal educational background?

A: I majored in government and history as an undergraduate and have a master’s degree in international affairs.

Q: What formal CI training have you had?

A: Very little, actually. The last formal CI training I had was when I was working for the federal government. Since then I’ve been delivering more training than I’ve been taking.

Q: What’s been your involvement in the Society of Competitive Intelligence Professionals (SCIP)?

A: I joined SCIP in 1995. Since 2003, I’ve been a member of SCIP’s national board, first as a member-at-large and the last two years as SCIP’s treasurer. I’ve also served on the steering committee for a local Boston chapter. I’ve written articles for SCIP’s publications and presented at most of SCIP’s annual conferences and at chapter meetings on topics like analysis and dissemination. The dissemination aspect of CI is something I care a lot about, making sure CI deliverables are relevant, succinct, and forward-looking, not just summations of what’s already been published.

Q: Where do you look for professional inspiration and mentors?

A: These days, most of my mentors aren’t in the CI field, but do strategy work in corporations or specialize in information delivery methods, visualization, and writing techniques. I’m spending less time these days learning how to get information and more time learning how to present information in ways that will have an impact on decision-makers. They include visual designers, professional writers, psychologists, and people like Edward Tufte. I also study how consulting firms like McKinsey, BCG, Deloitte, and leading business publications present information and analysis visually.

Q: What aptitudes do you think are necessary in a good CI professional?

A: You’ve got to have an insatiable curiosity and be comfortable with ambiguity. You must also be able to write very well, which is probably the most underappreciated skill in business.

Q: How would you describe the future of CI in the legal industry?

A: I think CI definitely has a bright future in the legal industry as law firms get larger, competition intensifies, and our clients' global business issues become even more complex. This has already happened in the larger accounting and consulting firms, which established sophisticated CI functions when their industry went through similar changes. Right now, CI is a hot topic in law firms, but only those firms that approach CI in a serious manner and position it as a strategic function will see a competitive advantage. In time, those firms that try to do CI halfway or on the cheap eventually will go back to business as usual.

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Coming soon – real live law firm CI pros!

Competitive intelligence can be a lonely business. Those law firm CI pros who started their careers in government agencies or law enforcement bring to this discipline a security consciousness that can be intimidating. Their tendencies toward secrecy and isolation can rub off on the rest of us. Secrecy can also provide cover for those new to CI who are faking it until they can make it, a time-honored upward mobility tactic.

In 2008, it’s not much of an exaggeration to call law firm CI professionals pioneers. CI is not a new discipline, but law firms are just beginning to understand the CI function and how to obtain CI’s greatest benefits. In fact, today’s law firm CI field reminds me of law firm marketing 20-25 years ago, when marketing wasn't a new field, but law firm marketing certainly was.

As an old-time law firm marketer and in the spirit of Web 2.0 transparency, I want to help budding law firm CI practitioners and those who need to learn how CI can benefit law firms meet some real law firm CI pros.
Starting tomorrow right here in River City (this blog), I will interview law firm CI professionals who are willing to answer some basic questions. Over time, we’ll learn how their backgrounds, job descriptions, and reporting structures vary. Later, we’ll learn more about some analytics they use in their jobs.

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Foreseeability of Harm in Animal Attacks

Reasonable foreseeability of harm may be considered as a vital factor in determining liability in a personal injury case such as animal attacks.

Take the case posted on August 29, 2008, entitled “Dog Bite: Absentee Owner Can Be Liable If They Allow Dog on the Premises”. Here, a property owner was held liable for the harm done by a dog owned by one of his contracted workers after the dogs attacked a fellow worker. Salinas v Martin (August 28, 2008) First District, Division 1, Case No. A119733 prohibits.

Based on the article, a property owner had contracted a group of workers to do renovation job on his house. Several men worked on the project as sub-contractors and gardeners. All of them had access to the premises. The gardeners, whom the owner hired to do the landscape, had two dogs, a pit bull and a pit bull mix.

The homeowner knew about the dogs and given the gardeners the permission to allow the dogs on the premises. The dogs were free to run around in the fenced-in back yard.

One weekend, as one worker went to the job site to retrieve some scaffolding, he was attacked and bitten by the pit bull.

The trial court granted summary judgment to the homeowner, holding him to the same standard as a residential landlord who must have actual knowledge of a dog’s dangerous propensity before he or she can be held liable.

The Court of Appeal reversed the verdict and held the property owner to the usual standard according to the doctrine of reasonable foreseeability of harm. In this case, the Court of Appeal held that it was foreseeable that the pit bull would attack another worker and thus the homeowner could be held liable for the injuries sustained by the animal attack victim.

In animal or dog attacks, foresee ability of harm may be determined by these factors:

• The dog’s behavior prior to the attack
• The history of attack incidents, if there are any

To pursue claims in an animal attack, a victim must seek the assistance of a lawyer with experience in handling cases of this nature.

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Get Out of Debt

There are several simple rules to live the life being free of debt, hope everybody knows. First of all one should spend less money that makes of course. That's absolute truth and if you are not able to keep it as strictly as stopping for red lights then must be ready for racking headache and long sleepless nights over mounting credit card balances.



Secondly one has to remember that if you want to buy something but can't pay for it today it means you can't afford it. You have to learn to save money even when it seems like there isn't any money left to spare. No doubt saving money is one of those tasks that's so much easier said than done. But do you know that saving 10% your income every month and making $50,000 a year you will get all chances to become millionaire at age 60. Just think about it!
There are many places where you can learn more about how to get out of credit card debt. So you can start to change the situation right now.

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The New Temp Workers’ Rule

For good or ill (for some), Governor Schwarzenegger did it again.

The controversial governor, known for signing into effect, controversial, not to mention queer, attention-magnet laws (no pun intended) has signed into law a law which will change the way temp workers are paid in California.

The new law, which will take into effect in January, requires temporary service agencies to pay temps every end of the week instead of every other week. If the temps work on a day-to-day basis, such temp will have to be paid daily – not weekly, more so not monthly.

But when is one a temporary employee, or temp for brevity? You are a temp if you are under the employ of a temporary services employer.

So what is a “temporary services employer”? The New Labor Code holds the answer. It defines TSE as an employing unit that contracts with clients or customers to supply workers to perform services for such clients or customers.

Your employer is a TSE and consequently you are a temp, if your employer does the following, among others:

• Negotiates with clients and customers for matters such as the time and place where the services are to rendered, the type of work, condition, quality and price of the service
• Determines assignments or reassignments of workers, even if workers retain the right to refuse assignments
• Retains the authority to assign or reassign a worker to another client or customer when the worker is determined unacceptable by a specific client or customer
• Assigns or reassigns workers to perform services for clients or customers
• Sets the rate of pay of workers, whether or not through negotiation
• Pays workers form its own account or accounts
• Retains the right to hire and terminate workers

But there are instances when you may look like you’re a temp but under the law, you’re not. You are not a temp if your employer is one of the following:

1. a bona fide non profit organization that provides temporary service employees to its clients
2. a farm labor contractor as defined under the law
3. garment manufacturer which can be considered as “contractor”

The new law, to reiterate, applies to temp employees. Basically, the heart of the law is the requirement that you should be paid weekly, not another week after. If it’s day to day work – then at the end of each day.

Of course, needless to say that there are some ambiguous parts of the law that an ordinary temp employee may not fully understand, such as when exactly is payment due, what are the conditions, how about the rules on striker replacements, etc.

In this regard, and in any issues of law for that matter, it is still ideal to consult with a qualified and competent employment law attorney in California to avoid being taken advantage by some unscrupulous employers, TSE or not.

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SCIP offers CI training in fall 2008

I’ve long believed law firm CI workers should belong to the Society of Competitive Intelligence Professionals (www.scip.org). For many years I’ve been a member of SCIP and think it’s a great organization for education, mentoring, and networking.

SCIP has some good programs coming up in the next few months. A couple of good courses for those new to law firm CI will be on tap next week in the Washington, DC area:

CI 101® and CI 202™
September 8-9, 2008
Westin Hotel, Alexandria, VA

Starting and Managing a CI Function (New!)
September 10-11, 2008
Westin Hotel, Alexandria, VA

European Summit 08
October 20-22, 2008
Crowne Plaza, Rome, Italy

Financial Analysis Courses I through IV
December 2-5, 2008
Hilton Old Town, Alexandria, VA

For fuller listings and descriptions of SCIP’s 2008 fall training offerings, visit SCIP’s Events Calendar.

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Fights Against Pregnancy Discrimination Finally Pay-off

It is quite ironic that a place where anti-discrimination laws were supposed to be advocated, or observed at the very least, becomes the latest place to cuddle discrimination.

Not so long ago, two lady employees of a large law firm (take note law) reportedly became victims of discrimination.

Lady “A” was reportedly “let go” due to what her employers call “downsizing”. While Lady “B” said her salary was severed just before she went on a law sanctioned maternity leave.

Learning well from their boss, the two women are expected to file suits – and they did.

The two women filed suits for gender discrimination against their bosses. Not long after, they won the lawsuits and the judge ruled that the two had been victims of pregnancy discrimination.

The action, and consequently the judgment of the court, is based on the California Fair Employment and Housing Act (FEHA) and pertinent federal laws which prohibit discrimination based on pregnancy, among others, in terms of hiring, firing, demoting, job detailing, etc.

Also, under Title VII of the Civil Rights Act of 1964, employees are protected from any and all types of discrimination such as race, color, religion, sex, nationality, etc. And this includes discriminating a woman employee because (1) she became pregnant, or (2) she is expected to get pregnant.

If you, or any of your family member, experience this kind of discrimination, or any discrimination for that matter – it is a must that you speak with a qualified employment law attorney to protect your rights.

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