The main theory during financial hardship is that when times are tough, other areas in the law will bloom offering more jobs to keep lawyers working as they ride it out. Therefore, according to this philosophy, boutique firms will crumble because of their lack of recources to create new positions while others dwindle.

And yes, some boutique firms have floundered during this economic crisis but others have thrived. Finding distinct advantages over their larger competitors….whether they focus on intellectual property, corporate securities or labor and employment–there are usually lower overhead costs, little to no major debt, flexibility regarding assisting their clients who need to cut legal costs, etc…

And speaking of cutting costs, many clients have swapped their big firm for a smaller one to do just that. “The bottom line is that I think these troubled times are creating very unique opportunities for boutique law firms because of the value that they offer,” said Steven Spielvogel, president of the International Network of Boutique Law Firms.

Popularity: 5% [?]

The face-off is almost over and quite frankly, I am ecstatic to hear who the winner of this year’s presidential election will be. After eight years of a divided nation, I do believe that regardless of who wins, we won’t be as separated again. With America split down the middle, it has weakened us as a whole and change is definitely in the air.

That is why a record 130 million U.S. citizens or more are expected to vote! During this financial crisis, we also have the ongoing wars in Iraq and Afghanistan, a healthcare crisis and other obvious problems including all the foreclosures and lack of employment. Battleground states, including Pennsylvania, Ohio, and Virginia polls shut down at 6 p.m EST.

Obama, 47, is predicted to be our next president but you never know for sure until the fat lady sings! It ain’t over until it’s over. The race is officially on!!!!

Popularity: 1% [?]

With the economy falling apart right before our eyes, lawyers in school are very worried about their chances at scoring a job come graduation.

“It’s definitely not the best economy to try to find a job in,” said a third-year law student.

It is estimated that nearly 44,000 law students nationwide will graduate and their most pressing concern is loan debt. Without employment, paying off student loans is overwhelming to say the least. According to law school career services, they are trying to give students a positive outlook.

“I’ve got students coming in asking if they should go for an LL.M,” said Carole Montgomery, director of career development at George Washington University Law School in Washington. “I tell them, ‘you need to make a good-faith effort to get yourself a job. They’ve got to have a back-up plan, and a back-up, back-up plan.”

The thing is this: No degree promises a permanent position in today’s world. And many, many lawyers are competing for the great jobs out there, making it a challenge. Nothing comes easy and yes, the economy is bad but can you eventually land the job of your dreams? Absolutely. It takes creativity and ambition. Anyone who wants something bad enough will eventually get it. Therefore, apply for positions you are craving! Seek out jobs you feel passionately about and forget about the economic “crisis.” In every bad situation, there is something good. Find it! With all of the financial chaos emerging, people need lawyers who they can really believe in.

Popularity: 9% [?]

Employee Benefit Agreements are becoming increasingly popular as companies seek ways to lower costs. Soaring costs of health care coverage and administration of retirement, pension, and disability plans can dramatically lower a company’s profit margin. Therefore, more and more companies are turning to outside firms that specialize in administration of Employee Benefit Plans.

It is easy to see how the principle of economies of scale is applicable to this situation. An outside company specializing in benefits administration can pool together the benefit plans of tens or hundreds of companies in order to find the lowest possible rate for health care, as well as lower the administration fees for pension and retirement plans. In order to put these relationships into effect, employers and these outside benefit plan administrators must sign employee benefit agreements, formally effectuating the transfer of duties and liabilities for administrating the benefit plans to the third party firm. Without these agreements, employees would be without legal recourse if something were to go wrong, and employers would be primarily liable.

Popularity: 5% [?]

An Executive Employment Agreement is a binding agreement for employment between a company and an executive. In exchange for valuable consideration given by the company, the executive is agreeing to perform certain services. In contrast to an Executive Compensation Agreement, Executive Employment Agreements are binding, and by executing the agreement, both the company and the executive are promising to perform under the agreement’s terms.

Executive Employment Agreements should begin with a “Recitals” section that lays out the overall purpose of the agreement. Each recital begins with “WHEREAS.” Generally, the first recital should state simply that the “Employer’s Board of Directors desires to employ Employee in an executive capacity and Employee desires to be so employed in that capacity.” After any other applicable recitals, the agreement should say “THEREFORE, in consideration of the mutual covenants and conditions set forth below, the parties agree as follows.”

The following are key provisions commonly found in Executive Employment Agreements:

1. Term. The length of the term of the agreement and the termination date should be provided. Also, any understanding regarding the option to renew the agreement, either on the executive’s side, the company’s side, or both, should be addressed. Most likely, the contract will be renewable or extendable under the same terms expressed in the agreement upon mutual agreement of the parties.

2. Compensation and Benefits. First, this provision should list the employee’s annual salary. Next potential salary adjustments, either increases or decreases, should be laid out. The executive may be able to negotiate for an automatic salary increase if a certain event occurs, such as a merger, sale of the company, or accomplishment of certain goals. The employee’s benefits package must also be described, including any stock options, health insurance, expense accounts, and vacation time.

3. Duties of Employee. The employee’s position should be listed again, and his expected duties should be described in detail. If the precise services of the executive may be extended or curtailed by mutual agreement, this should be listed as well. Executive should promise to undertake the responsibilities for and devote his productive time, abilities, and attention to the business of the employer during the term of the Agreement, as well as comply with all federal, state, and local laws.

4. Duties of Employer. The employer should promise to pay all compensation, benefits, and allowances as set forth in the agreement. The employer should also agree to provide offices, and if agreed upon, “stenographic help” (a secretary) as appropriate.

5. Confidential Information. The employee must agree to keep confidential information confidential and to refrain from disclosing confidential information to any third party during the term of his employment and for a period of time following his employment, which could be anywhere from one to three years or longer.

6. Non-Competition. The company should require the executive to promise not to work, directly or indirectly, as an owner, partner, manager, officer, employee, or consultant for any business that competes with the employer during the term of the agreement and for a certain period of time afterwards.

7. Termination. The agreement should spell out whether or not the employee can be terminated only for cause, or for any reason at all. If only for cause, then cause must be defined. One possible definition for cause would be: (a) any breach of any material obligations owed to employer; (b) failure to follow a directive of the company’s Board of Directors; or (c) conviction of a felony or any act involving moral turpitude. The severance pay that will be owed to executive upon termination either for cause or without cause should be provided.

These are the most important provisions of an Executive Employment Agreement. General provisions covering consequences of breach, assignment, modification, governing law, and severability should round out the agreement. For more information or to download part or all of actual Executive Employment Agreements, please visit the Agreement section of the Real Deal Docs website and conduct a search accordingly.

Popularity: 8% [?]

Feeling tired? Feeling sexually inadequate? Is it affecting your work performance? If so, don’t worry because if you end up getting booted from the job, you can file a discrimination claim and actually pull it off.

Why?

Because the U.S. Court of Appeals for D.C. Circuit expanded their qualifiers under the nation’s anti-discrimination law for federal employees. First, came “sleep deprivation” and now… sex. Oh, yeah! Ruled the court, any disabilities that promote sleeplessness or the inability to have sex are covered by the Rehabilitation Act.

As stated at Law.com, “Employment lawyers say the rulings open the door for a host of new discrimination claims and add ballast to cases that hinge on plaintiffs’ ability to prove that their disabilities substantially interferes with their everyday lives.”

 According to Victoria Zellers, a partner in Cozen O’Connor’s Philadelphia office, “employers will have to view the term ‘disability’ much more broadly.”

Estimating that 10 percent of American adults have a sleep disorder, and at least twice that amount suffers from sexual dysfunction (physical or psychological) was the Centers for Disease Control and Prevention.

On July 18, Judge David Tatel, quoting Genesis, pronounced sex a “significant human activity, one our species has been engaging in at least since the biblical injunction to ‘be fruitful and multiply.’”

And as for sleep…the court found that plaintiffs are not required to show that their sleep disorders affect their waking activities, in order to bring a discrimination claim. Shifting toward a broader definition of disability, the courts have offered employees more rights and as for employers…well, what can you do? It’s the law.

Popularity: 6% [?]