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Recent Articles from Sylvia Hsieh
Employers, lawyers prepare for post-DOMA world
Now that the U.S. Supreme Court has ruled that the federal Defense of Marriage Act’s refusal to recognize state same-sex marriages was unconstitutional, employers are scrambling to figure out how far they have to go in changing their employee benefit and leave policies.
Will Obama’s proposals rein in patent trolls?
The Obama administration has announced five executive actions and seven legislative proposals aimed at holding back the tsunami of litigation by patent trolls, and lawyers are weighing in on whether the recommendations will wall off the tidal waves or merely be sandbags on the shore. “These are more symbolic, [rather] than having a meaningful impact,” said Anthony Biller, an intellectual prope[...]
Supreme Court creates another snag for class actions
The U.S. Supreme Court dealt another blow to class actions in its recent decision allowing an employer to get rid of a wage class action by “picking off” the named plaintiff before it begins.
Mass tort developing over Mirena IUD injuries
A mass tort is taking shape over the Mirena IUD, a device that many women claim migrates after insertion and becomes embedded in the uterus or punctures organs, requiring surgical removal and sometimes causing infection and other injuries.
At appellate level, class action settlements now a tougher sell
Facing new objectors, class action settlements are attracting greater scrutiny from appellate courts, which are gutting those settlements and sending them back to be renegotiated. In particular, the amount and proportion of attorney fees and the payment of money into cy pres funds, in which a defendant donates to a non-profit organization instead of directly to class members, have come under fire[...]
Ultimately, it was a good year for U.S. Solicitor General
BOSTON - Everyone has experienced a bad day at the office. And most lawyers have developed a thick skin against public criticism and mockery. But only one lawyer this year had to endure being called a “train wreck” on national television and being pilloried for making “the worst Supreme Court argument of all time.”
Problems await the solo attorney who neglects retirement planning
Recent statistics indicate that more lawyers than ever are going solo, whether by choice or out of necessity. What has not changed, say law practice management experts, is that both newbie and experienced solos are not planning for retirement early or often enough.
More whistleblowers reporting tax fraud
As tax season ends, tax fraud is in the air. Lawyers have seen an uptick in people reporting employers, financial companies or high-worth individuals for ripping off the Treasury. Under a relatively new and lesser known whistleblower law, anyone can report suspected tax fraud to the IRS, and if the government prosecutes the case and recovers unpaid taxes, the individual shares in the recovery.
High court upholds dismissal of sick time suit against state
A state employee who was denied leave for his own sickness cannot sue the state for violating the Family and Medical Leave Act, the U.S. Supreme Court has ruled in a 5-4 decision. States are immune under the Eleventh Amendment from suits under the self-care provision of FMLA, a plurality of the court said.
Verdict trends: What’s fueling the rise in jury awards?
The past year saw some of the highest Top Ten Jury Verdicts in recent years, exceeding the previous two years. Are jury verdicts trending higher? How is the prolonged economic downturn affecting juror attitudes, and has any of the public frustration displayed in anti-corporate protests like the Occupy Wall Street movement seeped into jury deliberations? We talked to several experts who spend a [...]
Lawsuits in the pipeline over ‘fracking’ practices
Litigation over oil and natural gas industry techniques that include hydraulic fracturing, or “fracking,” is underway across the country and expected to spread. Over the past few years, the use of fracking to drive natural gas out of shale rock has increased dramatically. The technique involves drilling a hole deep into the rock, then pumping in vast quantities of water mixed with sand and [...]
Google Plus: The next big thing for small law firms?
Some law firm marketing gurus are going gaga over Google+ (Google Plus), the latest social media platform. Even though it’s only been out for a few months, Google+ is already generating a heated debate over whether it’s the next big thing for small law firms. The main reason for the excitement is the fact that it’s not just another start-up. With over a billion searches on Google every mo[...]
Business Law
- Economy forces attorneys to get down to business
- Business Court judges trawl for customers
- Va. company's Web site did not subject business to personal jurisdiction in S.C., appeals panel rules
- Former running back from S.C. wins courtroom victory in contract dispute
- Contract – Government Contract – Qui Tam – False Claims Act
- Licenses & Permits – Beer & Wine Permit – Restrictive Covenant – Suitable Location
- Consumer Protection – FCRA – Auto Loan – Bank Accounting Errors
- Licenses & Permits – Veterinarian – Vaccine Maintenance
- Tort – Business Tort – Va. Computer Crimes Act – Trade Secrets
- Textile firm, railroad settle Graniteville train wreck lawsuit
- State regulators look at car dealer accused of lying to customers
- Subprime mortgage meltdown hits securities law
Commentary
- When is a PIP an adverse employment action?
- Legally Speaking: What spring can teach us about active listening
- A useful patent management government notice
- The third option: Why your best employees are quietly losing their edge
- ‘AI won’t take your job’ and other things CEOs say before the layoffs
- When not to believe (your lyin’ eyes)
- Conduct a technology audit to improve law firm efficiency
- When the client brings ChatGPT to the consultation
- Where is she now, this model who was so beautiful?
- Content Marketing: Where law firms lose referrals and how to prevent it
- Your best people are not leaving for more money — they are leaving because you stopped paying attention
- Best at Work Insights: The choice we’re making about AI
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