Archive for ""

What Causes People to Be Successful in Their Careers?: The Three Essentials of Effective Communication

Friday, July 2nd, 2010
Source: Marquette University Law School Faculty Blog

My name is Claude Kordus, a Marquette lawyer graduate of a time before most of the readers of this piece were born. In fact, only Professor Jim Ghiardi, our outstanding torts professor, maintains a connection to the Law School. I’m looking forward to being the July Alum Blogger. 

While I started my career as a corporate lawyer with the Miller Brewing Company, I early on moved into the business world, where my law degree proved to be useful. I spent thirty-five years at Hewitt Associates, helping companies set human resource objectives and design human resource programs, including employee benefits, salary plans, incentive pay systems, stock option and stock ownership schemes, employee communication materials, and human resource policies and practices. 

In this and my following blogs, I will focus on one question: What causes people to be successful in their careers? Whether you pursue a legal career or, like me, make the jump into the “business world,” I believe that those who understand and develop their “soft side skills,” not just “technical skills,” will be the most successful. 

Clear evidence exists that career success stems as much from people skills as from technical skills.  

Researchers at Harvard,...

Read More »

The First Joe Tierney’s Marquette Legal Education

Friday, July 2nd, 2010
Source: Marquette University Law School Faculty Blog

At last fall’s annual conference, the National Sports Law Institute presented its “Master of the Game Award” to the Tierney Family of Milwaukee. At the ceremony Dean Kearney spoke eloquently regarding the Tierney family’s four generations of service to the Wisconsin legal community, to Marquette, and, more recently, to the National Sports Law Institute.

Four generations of Joseph Tierneys have practiced law in Milwaukee. The first, Joseph Tierney I (1886-1945), was a member of the Marquette College of Law’s original day division class that began the study of law in the fall of 1908. Unlike most of his original classmates, he also completed the course three years later and received his degree at the 1911 Marquette Commencement.

Tierney was born in Menominee, Michigan, on May 5, 1886, the son of William and Bridget (Welsh) Tierney, both of whom were natives of Ireland who had emigrated to the United States in the 1870’s. 

The family had initially settled in Marquette, Michigan, where William Tierney engaged in the lumber business and in mining. Unfortunately, both of Joseph Tierney’s parents died while he was a teenager, leaving him orphaned at age 16. He attended public schools...

Read More »

How To Cultivate A China Merger Or Acquisition

Friday, July 2nd, 2010
Source: China Law Blog

This post was written by Simon Malinowski, a Harris & Moure summer associate.  

There is a terrific podcast interview between Kent Kedl and Dr. Kim Woodard on deal cultivation in China mergers and acquisitions on the China Business Blog. The podcast is entitled, "Deal Cultivation in China M & A." and though its focus is M&A, its wisdom on China business applies across the board.  

The podcast focuses mostly on pre-due diligence, which Kedl and Woodard define as the information necessary to evaluate acquiring a company in China, and on the importance of building a strong, trust-based relationship to ensure a smooth pre-due diligence process. Though the importance of building a strong relationship is not unique to China, Kedl and Woodard note that this should take place earlier in the process for deals in China than in the U.S. 

In China, the pre-due diligence phase is vital for setting the tone for the entire relationship between the foreign company and its Chinese target because at that point everything is still malleable. There is no contract in place and there is still the opportunity to walk away from a prospective deal. With M&A, this opt-out ability...

Read More »

Student Blogger – Philosophy and Zambonis

Friday, July 2nd, 2010
Source: The University of Chicago Law School Faculty Blog

Many debates about moral philosophy focused on the concept of “well-being” flow from the difficulty in nailing down whether well-being is an objective or subjective concept. On the one hand an overly objective theory of well-being risks imposing controversial values upon people who do not share them. One argument in the debate over international human rights suggests that the rights approach takes an attitude that is too controversially objective in this way.

On the other hand, an overly subjective theory of well-being risks a loss of any practical value as a normative theory. It would offer little to no ground for judgment or critique of another’s subjective preferences. The subjective approach to well-being is widely used by economists as it avoids a number of difficult philosophical questions and has the virtue of providing access to readily observable data in the form of unadjusted market-based transactions. But this is often a point of criticism from philosophers since this strategy avoids difficult philosophical questions by ignoring them, not by solving them in a satisfactory way.

So what balance between these seemingly competing intuitions is appropriate? Professor Matthew Adler shared his thoughts on...

Read More »

Firm History of Marshall & Owens

Friday, July 2nd, 2010
Source: Lawyer Fact

Firm History

Marshall & Owens has been representing creditors since its inception in 1992. Before the firm’s formation, R. Bryant Marshall had his own practice in Jonesboro, Arkansas. His law firm represented creditors in the areas of creditor-debtor relations, bankruptcy, banking law and contracts. Mr. Marshall has jurisdiction to practice law in Arkansas and Missouri. He also owns collection agencies with offices in Arkansas, Missouri and Tennessee.

Prior to Marshall & Owens, W. Lance Owens was an associate with the Less and Scroggs law firm in Memphis, Tennessee. At this firm, Owens acquired many years of experience in complex civil litigation. Owens has jurisdiction to practice law in both Tennessee and Arkansas. Owens also holds officer positions for the state bar association related to the areas of financial institutions and creditor representation. Owens was also appointed by the bankruptcy judges to the Bar Advisory Committee.

Associates of the firm include Holly Rowton, Ron Burnett, Jr. and James Gramling, Jr. Each one of these individuals bring years of experience representing creditors.

Along the way, the firm earned a reputation as an experienced, aggressive and effective solution for creditors who seek to recover all types of unpaid debts. Marshall & Owens has...

Read More »

Orange County Divorce Help | Stephen C. Hosford

Friday, July 2nd, 2010
Source: Profiles In Law Stephen C. Hosford was born in Mitchell, South Dakota; he graduated from San Diego State University in 1972 and earned a Bachelor of Science degree in Accounting. Mr. Hosford earned his J.D. from Western State University and was admitted to the California State Bar in 1977. Read the rest of the...

Read More »

Paul R. Weber – Pennsylvania Personal Injury

Friday, July 2nd, 2010
Source: Profiles In Law Paul R. Weber - Personal Injury Lawyer in Pennsylvania Admitted: Pennsylvania 1977,U.S. District Court 1978, Eastern District of Pennsylvania; 1984, U.S. Court of Appeals, Third Circuit Education: Cleveland-Marshall College of Law, Cleveland State University, J.D., 1977; Pennsylvania State University, B.A., 1973 Member: Philadelphia, Bucks County, Pennsylvania and American Bar Associations; Philadelphia Trial Lawyers Association. Mr. [...] Read the rest of the...

Read More »

Probate Attorney – Dennis R. Baer

Friday, July 2nd, 2010
Source: Profiles In Law Dennis R. Baer focuses his Memphis probate law firm on estate planning and probate matters, personal injury matters including automobile accidents, product liability, and medical malpractice.  Additionally, Mr. Baer assists clients with a range of workers compensation matters. Mr. Baer received his Juris Doctor and his Bachelor’s of Arts from Vanderbilt University. He was admitted [...] Read the rest of the...

Read More »

House Expands Damages Available to Oil Spill Workers

Friday, July 2nd, 2010
Source: Law.com - Newswire The House of Representatives on Thursday approved a bill that would allow families of workers killed or injured in the Gulf of Mexico oil rig explosion to sue for non-economic damages. The SPILL Act amends a decades-old act to extend to all companies operating on the high seas. Hailed by plaintiffs lawyers, the House vote was a blow to the U.S. Chamber of Commerce, which had lobbied heavily against the bill, arguing it could open the door to more litigation against businesses that have nothing to do with the oil spill. Read the rest of the...

Read More »

First-Timers, Familiar Faces Bring Their ‘A’ Game to the A-List

Friday, July 2nd, 2010
Source: Law.com - Newswire The more things change, the more they stay the same. That's the best way to summarize The American Lawyer's eighth annual A-List of the 20 most successful law firms. This year's list was rife with movement: Four firms fell off the list, four joined, and six of the 13 firms that changed ranks from 2009 moved by six or more places. At the same time, there was a sense of deja vu: Only two of the four firms joining this year's list are first-timers. The other two are veterans. Read the rest of the...

Read More »

Rothstein Prosecutors Fear Attorney Fees May Bleed Estate Dry

Friday, July 2nd, 2010
Source: Law.com - Newswire With federal prosecutors grabbing for most of the assets left from Scott Rothstein's massive Ponzi scheme, it remains to be seen whether attorneys involved in his former firm's bankruptcy will reap the millions of dollars in fees originally expected from the case. Federal prosecutors are trying to muscle the bankruptcy attorneys out, and have succeeded so far. The government maintains it can get more money to victims of the $1.2 billion fraud faster than those administering the remains of Rothstein Rosenfeldt Adler. Read the rest of the...

Read More »

2 Small Law Firms Face Trial for Allegedly Aiding Parental Child Abduction

Friday, July 2nd, 2010
Source: ABA Journal Top Stories Two New Jersey attorneys and their matrimonial firms are facing a looming trial in a high-profile family law case that centers on a client's transport of her then-four-year-old child to her native Spain, in violation of a United States parenting agreement. The agreement also called for the lawyer initially representing the child's mother, Maria Jose Carrascosa, to hold the child's U.S. passport. But when Carrascosa switched to new counsel her former lawyer, solo Mitchell Liebowitz of West Caldwell, messengered the passport to attorney Madeline Marzano-Lesnevich of Hackensack, reports the New Jersey Law Journal in an article reprinted in New York… Read the rest of the...

Read More »

A Flag Kerfuffle To Kick Off the July Fourth Weekend

Friday, July 2nd, 2010
Source: WSJ.com: Law Blog - WSJ.com One Massachusetts teen is fighting to get his high school to require the Pledge of Allegiance be read daily in class.


Read the rest of the...

Read More »

What Protections are Available Through a Revocable Living Trust?

Friday, July 2nd, 2010
Source: SettlementBoard.com In Hawaii, revocable trust or living trust documents are increasingly written as a means to protect assets after death. Every family situation is unique such that you are advised to seek counsel of a trusts lawyer to determine what works best for you and your intended heirs. But in general terms, a revocable living trust provides [...] Read the rest of the...

Read More »

Special Needs Trusts

Friday, July 2nd, 2010
Source: SettlementBoard.com As trusts attorneys in Hawaii, we are frequently called upon to help parents with a special needs child. The main concern is how the child will be taken care of once the parents are gone. Trust statutes allow parents to establish a trust fund that ensures long-term care of the child without loss of government benefits [...] Read the rest of the...

Read More »

Felonies in Ohio

Friday, July 2nd, 2010
Source: SettlementBoard.com In Ohio, there are two major classifications of crimes: Felonies Misdemeanors Felony.  A felony is defined as a serious crime with a potential penalty of more than a year in prison all the way to the death penalty.  The most serious felonies in Ohio are: Aggravated murder Murder Drug trafficking Kidnapping Rape Robbery Theft Arson Vehicular homicide Manslaughter Misdemeanor.  A misdemeanor is defined as a crime that generally involves [...] Read the rest of the...

Read More »

On the Confirmation Process: Can’t We All Just Get Along?

Friday, July 2nd, 2010
Source: WSJ.com: Law Blog - WSJ.com The Senate's "advise and consent" role in vetting the president's Supreme Court nominees acts as a good "check and balance" on the power of the executive branch. Senators should, of course, take it seriously. But do they take it too seriously?


Read the rest of the...

Read More »

The Supreme Court is Not What You Think it is

Friday, July 2nd, 2010
Source: WSJ.com: Law Blog - WSJ.com In a lengthy piece, Scotusblog's Tom Goldstein manages to work in mention of all the leading cases in support of his main thesis: that while much of the common wisdom about the court is spot on, the court is actually a much more ideologically diverse place than one might think.


Read the rest of the...

Read More »

Memories of Sensenbrenner Hall (Part 5)

Friday, July 2nd, 2010
Source: Marquette University Law School Faculty Blog

As the faculty prepares for a move to the spacious and spectacular Eckstein Hall, my thoughts go back to my first day as a faculty member on October 15, 1946.  I was one of three new faculty members, all in their late 20’s, that joined a seasoned faculty that had kept the School intact during World War II.

I shared an office with one of my new colleagues and thus began my teaching career.  As we became adjusted to faculty life, we looked for an increase in the social opportunities among faculty members.  We decided to begin meeting for coffee at an agreeable hour on a daily basis.  We had difficulty in finding a location, facilities or equipment.  We located a room in the southeast corner of the basement.

The room was filled with donated law books that were not needed or essential for the library.  Some where on shelves, but many were piled on the floor.  We cleaned out a corner of the room, scrounged a table, some chairs, a coffee pot and a hot plate.  The faculty coffee (no tea) hour was in business.

 We agreed on a ten o’clock meeting time and...

Read More »

Mintz Levin Changes ‘Troubled’ Associate Review Process, Requires Essay Answers

Friday, July 2nd, 2010
Source: ABA Journal Top Stories Mintz, Levin, Cohn, Ferris, Glovsky and Popeo has ditched its multiple-choice associate rating questionnaire and is now requiring its partners to do their evaluations in essay form. The firm’s managing partner, Robert Bodian, told the National Law Journal that the firm changed the process because it was “fairly troubled.” Under the old system, partners were asked to rate associates in the categories of analytical skills, interpersonal skills, interaction with clients, writing skills and speaking skills. The choices ranged from “always exceeds expectations” to “doesn't meet expectations.” “What ends up happening is that not a lot of thought goes into it,”… Read the rest of the...

Read More »

Field Sobriety Tests in NJ: What is the one-leg-stand test?

Friday, July 2nd, 2010
Source: Lawyers.com Blog

Our last two posts have discussed field sobriety tests in New Jersey.  Most recently we explained the walk-and-turn-test. Here we will talk about the one-leg-stand test.

This is another two-stage test, which includes an instruction stage and a balancing/counting stage.  During the instruction stage, you must stand with feet together and arms at your sides.  The officer instructs you to stand with one foot about six inches off the ground, with toes out, and count aloud by thousands (one thousand-one, one thousand-two, and so forth) as you look at your elevated foot until he tells you to put your elevated foot down.

During the balance/count stage, the officer looks for four impairment cues:

  • Do you sway back and forth while balancing?
  • Do you use your arms to balance?
  • Do you hop to maintain your balance?
  • Do you put your foot down to maintain balance?

If you exhibit two or more cues, the officer has cause to believe that you have a blood alcohol content of .10 percent or more.

Do I have a New Jersey drunk driving defense?

Many factors come into play before we can answer this question here.  To determine if you have a strong drunk driving defense, we recommend you cotact an...

Read More »

Dealing With The Labor Commissioner.

Friday, July 2nd, 2010
Source: California Employment Law Articles California wage/hour law is governed by the California Labor Code, the Industrial Welfare Commission's Wage Orders, and appellate or California Supreme Court decisions which interpret these laws. These laws are enforced by the California Labor Commissioner. Any employer doing business in California must be familiar with the Labor Commissioner's enforcement agency, the Division of Labor Standards Enforcement (DLSE). This article takes a closer look at an employer's dealings with the Labor Commissioner.


Read the rest of the...

Read More »

Immigration eAuthority (June 2010).

Friday, July 2nd, 2010
Source: Federal Employment Law Articles Clinton: Federal Government Will Challenge Arizona Immigration Law; Other States Contemplate Similar Laws; Visa Fees Increased at Consulates; USCIS Proposes Fee Increase; E-Verify Redesign – Users Must Complete New Tutorial; Utah E-Verify Requirement Takes Effect July 1; All South Carolina Employers Subject to Immigration Law on July 1; H-1B Cap Update: Still Plenty Available; “Anti-Contractor” H-1B Memo from USCIS Challenged in Lawsuit.


Read the rest of the...

Read More »

Education Industry: Willkommen, Bienvenue, Welcome.

Friday, July 2nd, 2010
Source: Federal Employment Law Articles In today's global economy, more and more educational institutions are seeking to create a culturally diverse educational experience at the elementary, secondary and post-secondary levels through foreign student enrollment and through accessing the international community for faculty and professional staff. Attracting top notch students, teachers and researchers from other countries not only adds to the bottom line (especially in these tougher economic times) but opens doors to an international reputation and recognition.


Read the rest of the...

Read More »

A Crash Course in The New HIRE Act.

Friday, July 2nd, 2010
Source: Federal Employment Law Articles Newly-hired teachers and staff may provide your school with tax benefits under recently enacted legislation. On March 18, 2010, President Obama signed the Hiring Incentives to Restore Employment (HIRE) Act into law as part of an ongoing effort to reduce the nation's unemployment rate and spur job creation. Under the HIRE Act, also commonly referred to as the "jobs bill," employers may qualify for tax benefits by hiring workers who were previously unemployed or working only part-time, and for retaining those employees.


Read the rest of the...

Read More »