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Tuesday, May 17, 2011

Y! Alert: Texas Lawyer


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Train Managers Now in ADA Amendments Top
On March 25, the Equal Employment Opportunity Commission issued regulations and interpretive guidance regarding the amendments to the Americans with Disabilities Act. The Americans with Disabilities Act Amendments Act of 2008 became effective Jan. 1, 2009. To paraphrase Bob Dylan, the rules, they are a-changing, writes Michael P. Maslanka, and employers must change with them. Sinking like a stone is not an option.
 
Case Summaries Top
The following state and federal court opinions were issued from April 12 to April 29. Practice areas addressed in these cases include torts, criminal practice, appeals, arbitration, civil practice, contracts and employment law, among others. Subscribers have access to the full text of these opinions online and can receive Texas Lawyer's Daily Case Alert, which includes the very latest opinions issued by state and federal appellate courts in Texas. To sign up to receive the Daily Case Alert in your inbox each day, click here.
 
Judge Seeks to Seal Depo, Appeals 'Court Records' Ruling Top
On April 26, 44th District Court Judge Carlos Cortez filed a motion to seal his deposition and two witness statementsin his defamation case. Cortez argues that the information, if released, could lead to "improper use by political opponents" and beused by "litigants attempting to gain an unfair advantage" in his court.
 
Discipline Top
A Travis County lawyer has been suspended for two years, a Temple lawyer has resigned in lieu of discipline, and a Nueces County lawyer has been placed of probation.
 
Commentary: The Art of Persuasion -- Three Factors to Consider Top
Persuasion is a process that enables one to change or reinforce others' attitudes, opinions or behaviors, according to the book "The Essentials of Power, Influence and Persuasion." Those who seek to persuade primarily focus on four critical areas: credibility, common ground, supporting information and a deep understanding of emotion, write Lisa Blue Baron and Robert B. Hirschhorn.
 
Commentary: Diversity -- Get in the Game Top
When Kathleen J. Wu is not being a lawyer, she watches tennis. As vice chairwoman of the United States Tennis Association's national committee on diversity and inclusion, her job is to get more Asian-Americans to play tennis. While she tries to find ways to attract more minorities to the game, she sees a parallel question about how firms can attract more minorities of every kind.
 
Commentary: Man With the Plan -- Successful Eastern District Practice Requires Understanding History Top
Litigants in the U.S. District Courts in the Eastern District of Texas often remark on the somewhat unusual local rules and procedures many of the judges follow, which include mandatory document disclosures, page limits on briefs, limitations on permissible activity in depositions and a hotline for discovery disputes, writes Michael C. Smith, a partner in the Marshall office of Siebman, Burg, Phillips & Smith.
 
Commentary: Working Smart -- Finding Your Niche Top
Developing a specialization and excelling at it is one way to differentiate yourself from the pack, says Valerie Fontaine. The narrower your niche, the easier it is to streamline your work, stay current with the law and establish yourself as an authority. You also can market more effectively to your target audience so that prospects and referral sources will remember exactly what you do. Beware, however, of putting all your eggs in one basket. If your target industry takes a dive, or laws change, then so may your practice.
 

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