Trial Notebook


Worker adds employment claims against doctor

After U.S. District Judge Gary Feinerman decided Betty Summerland’s complaint against her employer (Exelon Generation Co.) stated valid claims for alleged violations of the Family and Medical Leave Act and Americans with Disabilities Act, she filed an amended pleading that added FMLA claims against two of Exelon’s medical contractors (Dr. Betty Pohlman and Triangle Occupational Medicine) plus counts against all three defendants for alleged intentional infliction of emotional distress and civil conspiracy.

Law and Public Issues


Abortion issues will shift to state governments if Roe is overturned

What will happen if — more likely, when — the U.S. Supreme Court overrules Roe v. Wade, the Jan. 22, 1973, decision that held that most decisions about abortion are to be made by a woman and her physician? Roe said that the right to make those decisions was a federal constitutional right.

Be That Lawyer


Developing your brand to drive new business with social media

One of the most common questions I’m asked as a business development coach for attorneys is, “Should I be posting on social media and is this a good use of my time and energy?” You’ll love my answer. It depends.

For the Defense


Pre-judgment interest bill will yield debacle

Criminal defense attorneys have long, and rightly, pointed out that there is a “trial penalty” against those criminal defendants who, when faced with a plea offer substantially less than the prison time they would face as a mandatory minimum if they exercise their constitutional right to trial, are essentially forced to forgo their right to have the government prove their guilt to a jury beyond a reasonable doubt.

Federal Courts


Title VII pay discrimination claim based on life science teacher’s sex

In today’s case, involving a female teacher’s claim she was not paid what her male counterparts were paid, the 7th U.S. Circuit Court of Appeals explained two rules prohibiting pay discrimination based on sex: (1) Title VII prohibiting unlawful pay discrimination based on sexual orientation; and (2) the Lilly Ledbetter Fair Pay Act of 2009 prohibiting discrimination in compensation.

Cotter’s Corner


Trump is impeached for a second time as transition takes place

President Donald J. Trump became the first person in the nation’s history to be impeached twice. He is the 20th and 21st person in our history, and only the third president, to be impeached. We will see if the Senate in the coming weeks or months convicts. Senate Majority Leader Mitch McConnell, despite reports that he was pleased that Trump had been impeached, refused to exercise emergency session powers to hold a trial. As a reminder, in 2020, the Senate called no witnesses and the actual hearings took approximately a week. And also, the Senate somehow was able to confirm Amy Coney Barrett to a lifetime appointment to the Supreme Court in a tighter timeframe. As a nation, we should remember who stood up and who stood down for the president.

Sports Marketing Playbook


Isolated sports fans find community through social media innovation

The sports world — and everyone else — has now been social distancing for most of 2020, and going into 2021, as a result of the COVID-19 pandemic. At a time when sports fans can’t attend events in person, view a game at the local bar or even watch from home with a group of family and friends, sports organizations have to work harder than ever to create a sense of community.

Opening Statement


Tepid magic, food spoil provide no wonder at home

Following a week of anguish and anxiety of witnessing thousands of protestors storm and defile our nation’s capital, I was looking forward to a quiet evening at home in quarantine last Tuesday.

Lex Sportiva


Social media battle pits Saint Xavier University against ex-coach

Back in 2012, I drafted a law review article published by Ole Miss that focused on new concerns for colleges that emerged with the proliferation of student-athlete social media accounts, largely focused on Facebook.

Opening Statement


Film adaptation of ‘Ma Rainey’s’ captures incredible spirit of play

The year 2020, seemingly one of the longest, most catastrophic in our country’s history is finally grinding to an end even as the pandemic and economic crises rage on. The nation’s racial injustices are still unresolved while a petulant president is still unwillingly to accept his election loss and commit to an uncontroverted and peaceful transfer of administration.

Opening Statement


TV special celebrates Broadway’s light in dark times

In my lifetime in America, there has been no place more representative or that has done more to change the culture of our society than the Broadway theater.

Opening Statement


Have no fear, theater company holiday streaming releases are here

‘T’was two weeks before Christmas and all through the city, not a theater was open, it was such a pity.
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