Bowling Green, KY – GLI (Grimes Legal, Inc.) welcomes Brenda Collins as a Recruiting Specialist. At GLI, a sampling of Brenda’s responsibilities includes sourcing, identifying, recruiting, and counseling legal professionals in order to place them in client legal organizations and contacting law firms and organizations to identify permanent placement needs and business requirements.

“Brenda brings a wealth of business, sales and management experience to GLI. Her vast human resource experience in major US markets such as Boston, Dallas, Denver, Indianapolis, New Orleans, Portland and Seattle will be invaluable as GLI expands into other venues”, says Nancy Grimes, President and Managing Partner of GLI.

Brenda has served in all aspects of the search process, from conducting original search on candidates to meeting with large institutions and committees to determine their need for the appropriate fit, with the past 10 years primarily focused on healthcare, hotel and hospitality, food service and entertainment. Prior to that, her main placement opportunities came in higher education where Brenda received President Club accolades 4 of her 6 years with American Education Center, now known as Education Management Corporation. She has successfully placed senior level personnel in sales, marketing, human resources, general management, event management and collegiate disciplines.

Brenda has a firm commitment in building and fostering strong relationships with both clients and candidates that are grounded in integrity. She has developed a strong network throughout the country within the executive search and educational communities, knowing that the candidates she helps place also become clients.

In addition to her duties at GLI, Inc., Brenda takes great pride in being active as a community volunteer, and creating and developing a program for at-risk individuals coming out of the penal or home incarceration program find work with application, job interview and placement skills.

Brenda graduated from Brown Mackie College in Salina, KS with a degree in Business Management.

For more information on GLI, log on to www.grimeslegal.com

Contact:
Tonya D. Johnson
Director of Marketing
GLI/Grimes Legal, Inc.
Email: tdjohnson@grimeslegal.com

About Grimes Legal, Inc.

Grimes Legal, Inc. was founded to provide businesses with a unique resource for locating, qualifying and recruiting proven performers in diverse areas of specialization. We achieve this by first working to understand the business needs of our clients. This requires thorough research into nuances of the industries in which our clients flourish, learning the philosophies of management which guide our clients’ business and professional strategies and focusing objectively on their individual cultures.

All Rights Reserved.                                www.grimeslegal.com

Article courtesy of  Nancy Grimes - Founder GLI / Grimes Legal, Inc. - Legal Search Firm
    Retained Legal Recruiters © Copyright 2008 Grimes Legal, Inc. | All rights reserved

On May 20, 2010, GLI sponsored Karl Rove as the keynote speaker for Foundation Christian Academy’s first annual Benefit Dinner at Sloan Convention Center in Bowling Green, KY.

Karl Rove served as Senior Advisor to President George W. Bush from 2000–2007 and Deputy Chief of Staff from 2004–2007. Karl Rove has been described by respected author and columnist Michael Barone in U.S. News & World Report as “…unique…no Presidential appointee has ever had such a strong influence on politics and policy, and none is likely to do so again anytime soon.” Washington Post columnist David Broder has called Karl a master political strategist whose “game has always been long term…and he plays it with an intensity and attention to detail that few can match.” Fred Barnes, executive editor of The Weekly Standard, has called Karl “the greatest political mind of his generation and probably of any generation… He knows history, understands the moods of the public, and is a visionary on matters of public policy.”

Article courtesy of  Nancy Grimes - Founder GLI / Grimes Legal, Inc. - Legal Search Firm
    Retained Legal Recruiters © Copyright 2008 Grimes Legal, Inc. | All rights reserved

Published: 05/16/2010

President Obama delivering the graduation address at the University of Notre Dame in May 2009.

Congratulations. Since I couldn’t be at every high school and college commencement this year, I wanted to send a message to all of the graduates in this country who are about to embark on the next chapter of your young and promising lives.

There are generations of Americans who came of age during periods of peace and prosperity. When they graduated from high school or college, they entered a world of comfort and stability where little was required of them beyond their obligations to themselves and their families.

That is not the world you are about to inherit. You are growing up in a time of great challenge and sweeping change. You will search for jobs in an economy that is still emerging from one of the worst recessions in history. You will seek a profession in an era where a high school diploma and a factory job are no longer sure paths to success. And you will raise your children in a world where threats like terrorism and a changing climate cannot be contained within a country’s borders.

At times like these, when the future seems unsettled and uncertain, it can be easy to lose heart. When you turn on the television or read newspapers or blogs, the voices of cynicism and pessimism always seem to be the loudest.

Don’t believe them.

Yes, we are facing difficult times. But America has been through them before. In the 1930s, young men and women saw one-third of the nation ill-clothed, ill-housed, ill-fed, and later witnessed tyranny sweep across Europe and the Pacific. In the 1960s, millions of students participated in peaceful protests—against those who sought to keep them divided by race, against a war they believed unjust—and were met with billy clubs and fire hoses.

So many times in so many eras, Americans your age could have decided to just go about their own business, fend for themselves, and leave our country’s problems for somebody else to solve.

But they didn’t.

You are graduating today in part because those who came before you had the courage to look past their differences, face down their common difficulties, and perfect their union. It was young soldiers who pushed forward at Lexington and at Gettysburg, at Normandy and at Kandahar. It was graduates like you who looked across a continent and built the railroads, highways, schools, and universities that have fueled the most prosperous economy in the world. It was a 33-year-old Thomas Jefferson who wrote the Declaration of Independence; a 33-year-old Elizabeth Cady Stanton who organized the Seneca Falls Convention, the first national women’s rights convention; a 26-year-old Martin Luther King Jr. who began his journey to the mountaintop; and a 20-year-old Bill Gates who started one of the most transformative companies on Earth.

All of these Americans faced long odds. All of them faced doubt. Many grew up in times of discord and difficulty. Yet they knew that while America’s destiny is never certain, our ability to shape it always is. Ours is a history of renewal and reinvention, where each generation finds a way to adapt, thrive, and push the nation forward with energy, ingenuity, and optimism.

That is your charge as graduates—our future is in your hands. The United States is still a land of infinite possibilities waiting to be seized, if you are willing to seize them.

While government plays a role in making a more prosperous and secure future possible for America, the final outcome ultimately depends on you and the choices you make from here on out.

Of course, each of you has the right to take your diploma and seek the quickest path to the biggest paycheck or the highest title possible. But remember: You can choose to broaden your concerns to include your fellow citizens and country instead. By tying your ambitions to America’s, you’ll hitch your wagon to a cause larger than yourself. You can choose a career in public service or the nonprofit sector, or teach in an underserved school. If you have medical training, you can work in an understaffed clinic. Love science? You can discover new sources of clean energy or launch a business that makes the most efficient and affordable solar panels or wind turbines.

Or you may decide to make your mark in ways that may be smaller but are just as important—volunteering at a local shelter, tutoring or mentoring school kids, staying involved in the local and national debates that shape our lives and the life of our country, or raising your own children to be generous and productive Americans.

No matter what you choose to do, know that you have the ability—each one of you—to write the next chapter in America’s story. Starting your careers in troubled times is a challenge, but it’s also a privilege. When I left for Chicago after college to be a community organizer, I, like many of you, had no idea what the future would hold for me. What I did know was that somehow, in some way, I wanted to make an impact on the world around me.

It’s times like the ones you’re facing today that force us to try harder and dig deeper. Times like these move us to find the greatness we each have inside and, in doing so, rediscover the greatness that defines us as a nation. These are the tasks lying before you, and I have no doubt all of you are up to the challenge.

Article courtesy of  Nancy Grimes - Founder GLI / Grimes Legal, Inc. - Legal Search Firm
    Retained Legal Recruiters © Copyright 2008 Grimes Legal, Inc. | All rights reserved

Article courtesy of  Nancy Grimes - Founder GLI / Grimes Legal, Inc. - Legal Search Firm
    Retained Legal Recruiters © Copyright 2008 Grimes Legal, Inc. | All rights reserved

BOWLING GREEN, KY, JANUARY 29 – Carmen Fowler took top honors among GLI’s legal recruiters for 2009. The fact that this honor comes closely on the heels of Carmen’s one-year anniversary as a recruiter only makes the accomplishment that much sweeter. Carmen began her career in legal recruiting in November 2008, bringing with her an industrious entrepreneurial spirit and 20+ years of business experience. Full of enthusiasm and a burning desire to learn, Carmen sunk her teeth into recruiting and has found she very much likes the taste. Her jovial personality allows her to connect with candidates and hiring managers with ease.

When asked to what she contributes her unprecedented success, Carmen replied, “I’ve always been a firm believer in the saying…If not me, then who? If not now, when? After all, every shot you don’t take is a guaranteed miss.” Carmen’s accomplishment is all the more impressive in light of the economic pressures experienced in 2009. While other recruiters were changing careers at every turn, Carmen learned the ins and outs of the business, excelling in the process. With this Carmen will be motivated to continue to up her fame in 2010. We at GLI congratulate Carmen on her outstanding achievement and exceptional work ethic.

About Grimes Legal, Inc.

Grimes Legal, Inc. was founded to provide businesses with a unique resource for locating, qualifying and recruiting proven performers in diverse areas of specialization. We achieve this by first working to understand the business needs of our clients. This requires thorough research into nuances of the industries in which our clients flourish, learning the philosophies of management which guide our clients’ business and professional strategies and focusing objectively on their individual cultures.

All Rights Reserved.                                                                    www.grimeslegal.com

Article courtesy of  Nancy Grimes - Founder GLI / Grimes Legal, Inc. - Legal Search Firm
    Retained Legal Recruiters © Copyright 2008 Grimes Legal, Inc. | All rights reserved

Whole body image scanning machines are designed to peer through clothing and capture three-dimensional images of individuals as if they are completely undressed. This raises a lot of questions about the impact of a citizen’s civil liberty rights and a citizen’s privacy interests.

The Electronic Privacy Information Center (EPIC), a public interest research organization that monitors federal actions to determine their impact on civil liberties and privacy interests, has wanted to find out how whole body imaging machines have been used on US citizens by the federal government.

Accordingly, EPIC submitted a Freedom of Information of Act (FOIA) request to the Department of Justice (DOJ). Because the DOJ did not provide the requested information, EPIC has filed a lawsuit in United States District Court for the District of Columbia.
In its complaint, EPIC notes that the U.S. Marshals Service (USMS) is responsible for the protection of the federal judiciary. EPIC specifically alleges that the USMS uses whole body image scanning technology to screen visitors at one federal court already. According to the complaint, the whole body systems operated by the USMS are the same as such systems used by other government entities, including systems the federal government intends to use to screen all air travelers in airports in the United States.

EPIC alleges that the U.S. House of Representatives passed a bill earlier this year that would limit the use of whole body imaging systems in airports. The bill apparently prohibits the use of this technology for primary screening purposes in airports. The bill was referred to the Senate. Nevertheless, EPIC alleges that the Transportation Security Administration (TSA) announced plans to install in excess of 150 more whole body imagining machines in U.S. airports.

EPIC wanted to understand the government’s actual and intended use of whole body image scanning on U.S. citizens. Accordingly, EPIC submitted a request to the DOJ under the FOIA seeking agency records reflecting whole body images taken of citizens, contracts entered with respect to this technology, documents relating to the specifications of the technology, complaints regarding use of the technology, and other information. Under FOIA, the federal government must provide requested information relating to “what the government is up to” (as held by courts) so long as a specific statutory exemption does not bar disclosure.

The DOJ did not make a determination on EPIC’s FOIA request, as alleged by EPIC, so EPIC initiated one and then another administrative appeal. Because the administrative appeals did not cause the release of any requested information, EPIC ultimately filed a federal lawsuit under FOIA. EPIC argues in its lawsuit that the DOJ did not conduct an adequate search for responsive records, violated the timelines set forth in FOIA, and still has not produced any of the information sought relating to whole body imaging.

EPIC specifically seeks a court order requiring a full search of responsive records within five working days of the order and production of records within ten business days of the order. EPIC also requests its attorney’s fees and costs.

While the government apparently seeks transparency of U.S. citizens when it comes to the potential imaging of whole bodies, rendering them naked to the imaged view, the DOJ does not appear to have been very transparent at all in response to EPIC’s FOIA requests that seek to understand the government’s plans in this imaging realm. Perhaps EPIC’s lawsuit will cause the DOJ on its own to come forward with the requested information, and if not, a federal judge might require disclosure.

While it would not be surprising for actual whole body images to be withheld on privacy grounds, other information relating to whole body image plans could be very relevant for an informed citizenry to understand “what the government is up to.”

Eric Sinrod is a partner in the San Francisco office of Duane Morris LLP (http://www.duanemorris.com) where he focuses on litigation matters of various types, including information technology and intellectual property disputes. His Web site is http://www.sinrodlaw.com and he can be reached at ejsinrod@duanemorris.com. To receive a weekly email link to Mr. Sinrod’s columns, please send an email to him with Subscribe in the Subject line.
This column is prepared and published for informational purposes only and should not be construed as legal advice. The views expressed in this column are those of the author and do not necessarily reflect the views of the author’s law firm or its individual partners.

Article courtesy of  Nancy Grimes - Founder GLI / Grimes Legal, Inc. - Legal Search Firm
    Retained Legal Recruiters © Copyright 2008 Grimes Legal, Inc. | All rights reserved

On September 21st, Congressman Sestak had urged Senate action in response to the previous House adoption of H.R. 448 on February 11, 2009. See: Press Release, Congressman Sestak Recognizes World Alzheimer’s Day (09/21/09).

This is Senate Bill 1821’s Summary according to GovTrack:
A bill to protect seniors in the United States from elder abuse by establishing specialized elder abuse prosecution and research programs and activities to aid victims of elder abuse, to provide training to prosecutors and other law enforcement related to elder abuse prevention and protection, to establish programs that provide for emergency crisis response teams to combat elder abuse, and for other purposes.

 
A Press Release (10/21/09) issued by the office of Senator Patrick Leahy listed the key Senate sponsors and noted the need for such legislation:
Today Senator Herb Kohl (D-WI), Chairman of the Senate Special Committee on Aging, Senator Patrick Leahy (D-VT), Chairman of the Senate Judiciary Committee, Senator Barbara Mikulski (D-MD), Chairwoman of the Senate HELP Subcommittee on Retirement and Aging, and Senator George LeMieux (R-FL) introduced the Elder Abuse Victims Act, a bill that would improve the law enforcement community’s ability to target and combat abuse and exploitation of senior citizens.

A companion to the Elder Abuse Victims Act (H.R. 448), introduced by Congressman Joe Sestak (D-PA), was passed earlier this year by a vote of 397 to 25 in the U.S. House of Representatives.

“For years, Congress has failed to take concrete action to address the consequences of elder abuse, and that must change,” said Senator Kohl. “With this bill, we hope to help local enforcement agencies and other advocates tackle the often-hidden scourge of elder abuse.” * * *
That Press Release summarized the key provisions of the Senate’s proposed Elder Abuse Victims Act:
• Stipulates that elder abuse includes mail, telemarketing, and Internet fraud aimed at elderly people;
• Seeks to develop a common definition of elder abuse as knowing infliction of physical or psychological harm, or the knowing deprivation of goods or services that are necessary to meet essential needs or to avoid physical or psychological harm;
• Seeks to develop a common definition of elder exploitation as fraudulent or otherwise illegal, unauthorized, or improper acts or processes of an individual, including a caregiver or fiduciary, that uses the resources of an elder for monetary or personal benefit, profit, or gain, or that results in depriving an elder of rightful access to, or use of, benefits, resources, belongings, or assets; and
• Funds creation of positions within State courts, prosecutors’ offices or State Medicaid Fraud Control Units to coordinate elder justice-related cases, training, technical assistance, and policy development for State prosecutors and courts.

Thus, Senate Bill 1821 was one response to Sestak’s call for action. But the response in the Senate may have extended far beyond it, into the pending, sweeping health care reform bill to be subject to debate in the Senate. See: Health Care Reform Bill Moves to Senate Floor for Debate (11/22/09), published by U.S. News & World Report, which noted:
Senate Democrats managed to push health care reform legislation past a key hurdle on Saturday night, with a cloture vote that will lead to a debate on the Senate floor later this month, the Associated Press reported. * * *

“Elder justice” and “elder abuse” proposals in Congress began in the early years of this decade; but none has become law, despite broad-based, non-profit organizations supporting such legislation through political coalitions. See: EE&F Law Blog postings Federal “Elder Abuse Victims Act” Reintroduced (02/20/09), and Federal “Elder Justice” Acts Appear Elusive (09/12/08). See also: Transcript of Hearing on June 18, 2002 before the Senate’s Committee on Finance, “Elder Justice: Protecting Seniors from Abuse and Neglect” (PDF, 74 pages).

Now, in the most recent version of the Senate’s proposed “Patient Protection and Affordable Care Act (H.R. 3590)” (PDF, 2074 pages!), I find a Subtitle H entitled “Elder Justice Act” under under Title VI (”Transparency and Program Integrity”), consisting of three sections — Sections 6701 through 6703, which begin at page 1798.

H.R. 3590 in the 111th Congress, as amended from time to time, can be accessed through the Thomas Legislative Information Service, of the Library of Congress.

That subtitle “may be cited as the ‘Elder Justice Act of 2009′” per Section 6701.

It appears that prior federal “elder justice” and “elder abuse” proposals have been enfolded into the pending health care legislation that would reorder health care delivery nationally.

The definition of “elder” under the legislation is “an individual age 60 or older” according to Section 6702.

Regarding such elders, the bill would amend the Social Security Act to introduce into federal law the concept of “Elder Justice,” defined as:
(A) from a societal perspective, efforts to — (i) prevent, detect, treat, intervene in, and prosecute elder abuse, neglect, and exploitation; and (ii) protect elders with diminished capacity while maximizing their autonomy; and (B) from an individual perspective, the recognition of an elder’s rights, including the right to be free of abuse, neglect, and exploitation.

“Abuse” would be defined as: “The knowing infliction of physical or psychological harm or the knowing deprivation of goods or services that are necessary to meet essential needs or to avoid physical or psychological harm.”

“Exploitation” would be defined as “the fraudulent or otherwise illegal, unauthorized, or improper act or process of an individual, including a caregiver or fiduciary, that uses the resources of an elder for monetary or personal benefit, profit, or gain, or that results in depriving an elder of rightful access to, or use of, benefits, resources, belongings, or assets.”

A “fiduciary” would be “a person or entity with the legal responsibility — (i) to make decisions on behalf of and for the benefit of another person; and (ii) to act in good faith and with fairness.” It would include “a trustee, a guardian, a conservator, an executor, an agent under a financial power of attorney or health care power of attorney, or a representative payee.”

To review the status of “elder justice,” the proposal would create a new Elder Justice Coordinating Council, consisting of high federal officials, including the Attorney General. See: Pages 1808-1811.

There would also be created a new Advisory Board on Elder Abuse, Neglect, and Exploitation to “create short- and long-term multidisciplinary strategic plans for the development of the field of elder justice and to make recommendations to the Elder Justice Coordinating Council established under section 2021.” See: Pages 1811-1818.

These activities would be funded with $6.5 Million in 2011, and $7 Million annually in 2012 through 2014. See: Pages 1818 & 1819.

The proposal provides for grants to be made to Elder Abuse, Neglect, and Exploitation Forensic Centers, and funds them to the extent of $20 Million in 2011, $17.5 Million in 2012, and $15 Million annually in 2013 and 2014. See: Pages 1821-1830.

In addition, funding would be provided for “State and local adult protective services offices that investigate reports of the abuse, neglect, and exploitation of elders” at the levels of $3 Million in 2011 and $4 Million annually in 2012 through 2014. See: Pages 1830 & 1831.

There would be created an “adult protective services grant program under which the Secretary shall annually award grants to States * * * for the purposes of enhancing adult protective services provided by States and local units of government.”

The current version of H.R. 3590 to be debated in the Senate would also create a Long-term Care Ombudsman Program and a National Training Institute for Federal and State surveyors. These initiatives, too, would be funded significantly through 2014.

Whether these provisions in the controversial H.R. 3590 will survive, I don’t know. But the fact of their inclusion for debate and consideration is a monumental step forward in federal involvement to curb elder abuse and enhance elder justice.

Update: 11/23/09:

An article was posted November 23, 2009, by the Kaiser Health News, entitled Congress Targets Senior Abuse, by Rick Schmitt (also published in The Los Angeles Times and The Baltimore Sun on the same date).

The author highlighted the Elder Justice Act aspects of the pending health care reform bill presently in the Senate for consideration:
The Senate is considering an even more expansive Elder Justice Act. It would boost federal aid for identifying and investigating elder abuse at the state and local levels, require long-term care providers to report possible crimes to federal authorities and create new oversight within the Department of Health and Human Services for coordinating state and federal anti-abuse efforts.

These provisions, already approved by the Senate Finance Committee, are included in the health legislation that is being prepared for floor debate after Thanksgiving. With broad support in and out of Congress, at least some of the measures appear to have good prospects for being enacted into law.

More than 500 advocacy groups have lined up behind the legislation. It still faces opposition on budget grounds, although proponents say the cost of the Elder Justice Act — about $757 million over four years — is pocket change in the context of a near $1-trillion healthcare bill. * * *
The article is lengthy, offers personal examples of elder abuse, and engages in a political analysis about inclusion of Elder Justice Act provisions into the health care reform legislation.

Economics now appears to drive inclusion of such federal protections for senior citizens:
Supporters say elder abuse should be addressed in healthcare overhaul legislation because it pushes up healthcare costs and because financial exploitation of the elderly leaves many destitute and reliant on public assistance.

“This is prevention, which is a healthcare issue,” says Robert Blancato, who heads the Elder Justice Coalition, an umbrella group for more than 500 groups that support the legislation. They include AARP, the American Bar Assn., and industry groups representing nursing homes and long-term providers, among others.

State and local governments have long been on the front lines of such problems. But many studies have shown a shortage of resources among licensing agencies, long-term-care ombudsmen and adult protective service workers.

“The universal lack of resources, the enormous variation across jurisdictions and the low priority given to elder abuse and neglect make it difficult to see how significant progress can be made without federal standards and financial support,” concluded researchers at Texas A&M University in a report prepared for the Justice Department last month. * * * [Links added.]

I am heartened by this article’s analysis as to the prospects for adoption of key provisions of past Elder Justice Act proposals into federal law with appropriate funding.

Neil E. Hendershot is a practicing & teaching lawyer in Harrisburg, Pennsylvania who works daily in the legal areas covered by the PA EE&F Law Blog.

Article courtesy of  Nancy Grimes - Founder GLI / Grimes Legal, Inc. - Legal Search Firm
    Retained Legal Recruiters © Copyright 2008 Grimes Legal, Inc. | All rights reserved

By Eric Sinrod

Whether a particular patent is valid has potentially far-reaching implications. Novelty or newness is the basic underpinning of every invention that leads to a patent.
After a patent has been granted, parties may seek to defeat its validity in litigation by arguing that the patented subject matter was not novel at the time of invention. There may be a showing that the invention at issue was anticipated by what is referred to as prior art.
Given the vast access to information now provided by the Internet, parties have a much greater ability to search for and potentially find prior art with respect to particular patented inventions. It is in this context that along comes Article One Partners, LLC (Article One). Article One has just launched a “new global community to legitimize the validity of patents.”

Article One seeks to have its member “Advisors” submit previously difficult to find prior art evidence relating to the validity of “high profile patents.” Article One in turn intends to analyze this information to determine whether it can show patents to be legitimate or invalid.
If Article One concludes that patents are invalid (the real focus), Advisors can earn up to $50,000, with a total of $1 million being offered potentially at launch. Furthermore, Advisors who actively build the Article One community can earn compensation in Article One’s profit sharing plan.

A patent is a powerful government-granted right that enables a patent-holder to prevent competition with respect to an invention for a certain period of years. Article One claims that its efforts are intended to “restore the patent system to its original intent of granting exclusive rights for true innovation.”

Accordingly, Article One apparently believes that prior art that establishes that a patent has been granted for an “invention” that in fact was not novel should be used to invalidate the patent.

Article One’s name comes from that portion of the United States Constitution that provides that “the Congress shall have the power . . . to promote the progress of science and useful arts, by securing for limited times . . . inventors the exclusive rights to their discoveries.”

Lest we not be mistaken, for some time already the Internet has been used by others to harvest information of prior art that may have anticipated particular patented inventions. But here, Article One seeks to provide financial incentives to potential global Advisors in one community to come forward with possible prior art information.

Article One states that its mission is to “evaluate and provide information to the patent industry.” One would think that that means that Article One could become a support player in patent litigation against patent holders. Time will tell whether Article One’s approach will gain traction.

Eric Sinrod is a partner in the San Francisco office of Duane Morris LLP (http://www.duanemorris.com) where he focuses on litigation matters of various types, including information technology and intellectual property disputes. His Web site is http://www.sinrodlaw.com and he can be reached at ejsinrod@duanemorris.com. To receive a weekly email link to Mr. Sinrod’s columns, please send an email to him with Subscribe in the Subject line.
This column is prepared and published for informational purposes only and should not be construed as legal advice. The views expressed in this column are those of the author and do not necessarily reflect the views of the author’s law firm or its individual partners.

Article courtesy of  Nancy Grimes - Founder GLI / Grimes Legal, Inc. - Legal Search Firm
    Retained Legal Recruiters © Copyright 2008 Grimes Legal, Inc. | All rights reserved

                 The Centers for Disease Control and prevention (”CDC”) has just issued a report indicating that in the past six months 22 million Americans have become sick with the H1N1 influenza virus (a/k/a the “swine flu”), of which 4,000 have died.  As this pandemic shows no signs of abating, employers are faced with many legal issues in addition to being concerned about the health and safety of their workers,  customers and clients, while at the same time attempting to determine how best to carry on their businesses under these circumstances.

                 An excellent reference source for most questions pertaining to this pandemic  is the federal government’s website http://www.flu.gov., which contains very useful and specific information, as well as links to issues of specific concern to various businesses.

                The U.S. Department of Labor has just issued two sets of questions and answers concerning the impact of the Fair Labor Standards Act (”FLSA”) and the Family and Medical Leave Act (”FMLA”) on issues pertaining to employees absences from work and payment to employees who are directly or indirectly affected by the H1N1 flu virus.  Additional guidance is provided by the EEOC with respect to the impact of the Americans with Disabilities Act (”ADA”) on this pandemic situation. 

                As this situation has evolved, the federal government has continued to issue additional information and guidelines, some of which modified prior guidance.   Accordindly, continued monitoring of the main website -  www.flu.gov is advised.

Paul Cherner is a labor and employment attorney in Chicago, IL. Visit his blog at http://hrcounselblog.com

Article courtesy of  Nancy Grimes - Founder GLI / Grimes Legal, Inc. - Legal Search Firm
    Retained Legal Recruiters © Copyright 2008 Grimes Legal, Inc. | All rights reserved

KEYS TO SUCCESS

Please note that the following steps are not listed by order of importance.  They are all equally vital to the success of lateral hiring.  Therefore, these are not “a la carte” suggestions from which you can pick and choose, but prototype of which all must be implemented to achieve success without unnecessary risk with your new hires. 

THE PROCESS

               I.      Someone must clearly “own the process” of managing the lateral attorney’s entry into the firm and integration for several months thereafter.

§         This should be an authoritative attorney and not a member of the firm’s HR or attorney recruitment staff.

Ø       There should be one partner who is fully empowered with the backing of the firm’s management committee to guide the process.

Ø       This person may be a practice group chair relevant to the new lateral.

Ø       There must be no question of this person’s authority to drive the process.

§         Those who are also involved in the process must receive concrete, appreciable recognition and compensation for this involvement.  The firm should:

Ø       Clearly outline the mission via well-publicized firm policy, identify the leadership involved in the process and reward the effort.

Ø       Institute a system of accountability so there is a high level of familiarity as to what exactly needs to be done.

Ø       Reward attorneys when it comes to compensation who help other attorneys develop business or who engage other attorneys to develop prospective business.

Ø       Track, as an element of the compensation decision, the efforts of attorneys who work with other attorneys in cross-marketing, internal marketing, business development between practice groups, introductions of existing clients to others in the firm, etc.

IMPLEMENTATION

             II.      Develop a Joint Business Plan Between the Firm and the Lateral.

§         Maximize the mutual benefit of the lateral move.

§         Designed to integrate the lateral and his business base.

§         To deal with client introductions.

§         Introduce the lateral to other practice groups in the firm.

§         To develop a marketing plan to expand the lateral’s business by exploiting the platform offered by the firm.

           III.      Focus on Improvement and Growth.

§   Focus on improvement of the lateral’s practice.

§   Focus on clients, firm’s existing clients and new business development.

§   Develop a plan for personal introductions and cross-selling.

           IV.      Develop an Awareness of the Lateral.

§         Have a champion within the firm, backed by management.

§         Arrange meetings with practice groups.

§         Introduction of the lateral of himself and his practice and clients.

§         Introductions of the lateral to business development meetings.

§         Identify those attorneys who best fit with the lateral, either for development of the lateral’s practice or the development of his clients.

§         Identify new opportunities and add them to the lateral’s business plan so the firm can help accomplish the growth and assist in the follow through.

             V.      Periodic Briefings.

§         Practice leaders should meet monthly with the lateral during his first 6 months with the firm to monitor the above practices and to avoid missed opportunities.

§         Review progress of the lateral’s integration with practice groups.

§         Review development of the new cross-marketing opportunities.

§         Use this as a time to interact and make sure there’s continued chemistry.

§         Identify a course of action which will help the lateral further integrate, which will help him feel he is an important member of the team.

           VI.      Technical and Human Support.

§         Make the lateral aware of the firm’s full array of resources.

§         From the very beginning, make sure the lateral has full access to associate and staff support.

§         Placement of the lateral’s office near active, dynamic attorneys and other synergistic practice groups.

§         Make sure others seek out the lateral for lunches or casual meet-and-greets.

§         Whenever possible, place the lateral on meaningful firm committees or in management positions.

CONCLUSION

Ability to expand and get support for the lateral’s practice is the single most important factor.

The next critical element is being integrated.

Having a well-defined and managed lateral integration plan and the commitment to the actual implementation should be at the forefront of everyone’s consciousness.

Article courtesy of  Nancy Grimes - Founder GLI / Grimes Legal, Inc. - Legal Search Firm
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