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How Good Lawyers Get Fired Over the past three years, I have had five different cases transferred to me in mid-stream from five different law firms.  In addition, several new clients come to our firm because they were dissatisfied with their previous lawyers.  While I am always grateful for the opportunity to assist existing clients with troubling cases or to work with new clients, I never look forward to the initial conversation with the lawyer from whom a case is being transferred.  (To the credit of the attorneys whom have transferred cases to me, they have always done so professionally and they always have been courteous and helpful to me.) When I mention to my partners or other good friends who are attorneys the names of the lawyers from whom these cases have been transferred, I often get a puzzled look and a comment of, “Wow, that person is a really good lawyer.  I wonder why the client transferred the case.”  I have even had the transferring attorney ask me why I thought the case had been transferred from them.  These situations beg the question “How do good lawyers get fired?”   view more
New Challenges for Employers – When to Discipline Employees for Improper Use of Social Media

Recently, the national media has been flooded with stories of employees who have been disciplined or fired from their jobs for posting comments about their employers on social media websites such as Facebook or Twitter. For instance, in December of 2010, a reporter for the Arizona Daily Star was terminated after he opened a private Twitter account and posted inappropriate tweets about co-workers and local television journalists, and made cruel jokes about the homicide rate in Tucson. In February of 2011, an English teacher at a Philadelphia area school was suspended for posting a rant about her students and their parents on an online blog. And in August of 2010 a Massachusetts teacher was asked to resign over her Facebook comments calling her students “germ bags” and their parents “snobby” and “arrogant.”

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Increasing Use of the Computer Fraud and Abuse Act in Business Disputes Increasingly in business disputes, often involving departing employees with proprietary information, businesses are adding Computer Fraud and Abuse Act ("CFAA") claims to their list of claims asserted because CFAA provides a vehicle for getting such suits into federal court without satisfying diversity jurisdiction requirements.  But, there is a split among the circuits as to the applicability of CFAA in business disputes.  view more
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