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July - August 2005 Update

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Women and management -- two critical business assets -- are featured this month.

Executive Recruiting Entrances Newsletter
Executive Recruiting Entrances
Executive Recruiting Entrances Newsletter
  Women and Management July-August 2005 Issue  

In This Issue

Some Dates Worth Noting

Worth a Read

What's Been Happening

Education and Skills Assessments

Careers and Recruiting

Business and Economic Outlook

Until Next Time

Some Dates Worth Noting

June 2005
  • Jun 27-29 Process-Based Operational Transformation Summit
  • Jun 28 Online Career Fair - Accounting Industry
July 2005
    Jul 11-13 In-Building Wireless
  • Jul 11-13 Workforce Innovations 2005
  • Jul 14 Bastille Day
  • Jul 14-15 DMA Comprehensive E-Mail Marketing Strategies Seminar
  • Jul 15 5:30pm ** CANCELLED ** Los Angeles Metro Area Recruiters - Today's Talent Acquisition Professional: From Strategic Partner to Player
  • Jul 18-19 Successful Strategies for Tenant-in-Common Transactions & 1031 Exchanges
  • Jul 20 2005 SF HR Star Conference
  • Jul 27-28 Digital Rights Management Conference
August 2005
  • Aug 9 10am Los Angeles Metro - Online Networking Meeting
  • Aug 10 8am SLEUTHING 101 -- Background Checks and the Law
  • Aug 15 Tax Extension Filing Deadline
  • Aug 16 10:30am How to Classify Your Workers Correctly
  • Aug 20 10am Career Development Workshop - Resume Development
  • Aug 23 10:30am IT Workers & Overtime in California; CEA Audio Conference
  • Aug 25 10am Datamining for Internet Gold
  • Aug 25 California FMLA/CFRA Update 2005
  • Aug 26-31 Writers Retreat (in Maui)
  • Aug 31 8am DEADLINE: Call for ERE Speaker Proposals
September 2005
  • Sep 1 Free Practice LSAT; Enroll online
  • Sep 1-5 2005 Maui Writers Conference
  • Sep 5 Labor Day
  • Sep 7-29 8am AIRS/Yahoo!HotJobs Sourcing Summit (see calendar for locations and dates)
  • Sep 13 10am-noon Los Angeles Metro Recruiters Online Networking Meeting - All About Splits Networks
  • Sep 17 8am Where's the Money? - Access to Capital Expo
  • Sep 19-21 GAIM USA Fund of Funds 2005
  • Sep 21 10am Datamining for Internet Gold
  • Sep 21-23 Philadelphia Performance Summit
  • Sep 25-27 Employers of Excellence Conference
  • Sep 25-28 Guns & Hoses
October 2005

For additional training and education dates, see:
Lorman Education Services

Fred Pryor Seminars
  • Communication
  • Management Skills
  • Professional Development
  • Women's Seminar
American Management Association Onsite Learning Seminars Online Learning Seminars


Go to the Conferences-Events-Meetings folder for other events and
visit the Classes & Trainings folder for webinars and other types of classes

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Entrances Events Calendar

   Greetings Dear Readers!

Happy Independence! Happy Bastille Day! Happy Fourth of July! Happy Birthday to ... oh, I'm sorry. There I go getting carried away again. Even though the United States was founded on the principles of liberty and freedom for all, the women of Pennsylvania had to sacrifice their suffrage in order for this "perfect Union" to be formed. Women have made major sacrifices throughout the ages. Although many have benefited from those sacrifices and the background preparation, those sacrifices are seldom remembered. In spite of the Women's Liberation Movement, the progress has been slow.

Work on this edition of the Entrances Update began at the end of May while I was sitting in the Borders book store poring over some titles from the Business section. One of them was Beyond Superwoman by Karin Strausser Kauffman and Peggy Downes Baskin. "That's right," I thought, "There's been emphasis on a lot of different special interests in the past three months. But it doesn't seem that I've given highlight to women aspiring to be managers."

Mind you, the intent has been there for a very long while. One of the reasons I picked up the copy of Female Advantage by Sally Helgesen was because women who have succeeded in leadership and/or management needed to be highlighted. Examples needed to be held out for others to see and modeled. But that read was nearly a year ago.

Also driving the content of this issue were two questions I asked of several recruiting, management, and human resource professionals venues. The answers came streaming in from nearly every site. They came from both men and women in the form of testimonials, tips, advice, and referrals to reading material that can be used as coaching tools when the coach isn't around.

This edition is long overdue. While primarily about women, management and leadership, other matters worth your attention are also included, as usual.

While this was supposed to be the July issue, many things came up. So it became the July-August edition. More things came up. It's still the July-August edition, even though this is now early September. If you have difficulty reading the emailed version, you can visit the site and read online by accessing the July-August 2005 issue after September 15.

And the September issue is under preparation even as we speak. It's focus will be workplace and interview attire.

Comments? I'm certain you have some. Let me hear from you!

Viva Voce

  • Worth a Read
  •   Borders was the genesis of the initial three reads for this Update.

    Beyond Superwoman: 25 Top CEOs Show Us How to Get a Life
    by Karin Strasser Kauffman and Peggy Downes Baskin
    ISBN 1-886312-20-6 - $18.00

    The duo plunges into the jungles of Silicon Valley to interview and then profile the women powerfuls of the region. I got so caught up in the stories of each woman, the lessons each learned, the strategies each uses -- that apply to all women in the workplace -- that I quite literally forgot to take notes. Several times, I found myself laughing out loud (do you think that may be why the man sitting next to me got up and moved away?) because the discussions about fatigue and realizing that you must take a break (and even a vacation) hit so squarely on the mark.

    Organization and structuring activities around the skeleton of a day plan seemed to be the themes that ran through each profile. The means of execution, the priorities, are stories worth reading in order to see what worked for each personality type. And that is another thing that the authors present is a subtle yet meaningful way -- the personality of each woman. Included in the personality profiles is discussion of what appears to be the woman's grooming style, style of speech, mannerisms.

    The Web Conferencing Book
    by Sue Spielman and Liz Winfeld
    ISBN 0-8144-7174-9 - $24.95

    I flipped through a few pages of a few chapters and was very impressed. If you want an authoritative, unbiased review of web conferencing tools, options, business case analysis for delivery, appendix of delivery sites and reviews, PLUS explanation of what all of this is, then this IS the book to add to your shelf.

    The Appendix also includes an assessment tool to help you sensibly go through the evaluation process. The evaluation process includes whether you should do this on your own or get an IT pro to work with you, consider how to get upper management buy-in and support, and how to do it. Appendix C covers pricing issues. Are you aware that certain standard programs on your computer can be used as conferencing tools?

    How'd they do all of that!?! They did the research by first using the most logical search terms, then narrowed the results. Did you know that Amazon is a good place to look for resources?

    The Rookie Manager: A Guide to Surviving Your First Year in Management
    by Joseph T. Straub
    ISBN 0-8144-7060-2 $15.00

    A quick perusal of this one showed that it's a great guide and reminder about the essentials of the job and what to do. Even if you're a veteran manager, this is a helpful tool to have close at hand.

    Search Amazon Books, Barnes & Noble Books or - Download a book today

    for these and related titles.

    A few recommendations from those surveyed include:

    • There are some great books on this subject. Take a look at "Nice Girls Don't Get the Corner Office" by Lois Frankel,[available on] and "Why Good Girls Don't Get Ahead... But Gutsy Girls Do : Nine Secrets Every Working Woman Must Know" by Kate White and "How to Say It For Women: Communicating with Confidence and Power Using the Language of Success" by Phyllis Mindell.
      from Beth Vuolo, PHR
    • One of the best books I've ever read on this subject is, 'Play Like A Man, Win Like A Woman' by Gail Evans who is an executive vice president at CNN. If you have time to have a quick read, it's an excellent reference guide on the subject and is a must-read for every woman who wants to leverage her power in the workplace.
      from Amber O'Reilley
    For additional recommendations from the professionals, read "Recommended Readings on Leadership."

    The Library - Periodicals

  • What's Been Happening
  •   In a word, lots! Here are as many as I can remember:

    Bulletins Forum

    • there are now 2 chat rooms
      • Entrances Chat Room
        For job seekers and those working on career development issues. Come here on the first and third Saturday of each month at 10 a.m. Pacific Time for a 30-minute session to go over your career and search strategies.
      • Hire Talk
        The room for Employment Industry professionals and the Los Angeles Metro [recruiters] group to meet for networking meetings.
    • "The Desk" is back, but now in the style of a blog
    • The "Available" folder was eliminated due to lack of use
    • "Ask Yvonne" (the free question you can ask; the answer will be shared with the rest of the Forum visitors) is still alive. Use it.
    • All of the other folders you've come to know are still in the Bulletins, including Recruiters (who post their contact and profile information for the benefit of potential clients and job seekers), Links, Industry News, Career Opportunities, and so on.
    Recruiter Tools
    • In addition to the entire page being re-organized and updated,
    • ZoomInfo search tool now available
    • Independent recruiters can now join a splits network to increase business possibilities and profitability
    • Reverse Phone lookup is available
    • 2 networking / discussion groups
      • Ethics in Recruiting
      • Los Angeles Metro [recruiters], along with the ability to pre-register for the live events
    • Contains Human Resource newsfeed from Business & Legal Reports
    • now organized as an index according to titles
    • medical-legal links are now available
    Library - Books
    • now organized as an index according to titles in the Library and those mentioned in newsletter
    Finance Center
    • updated content
    Education Center
    • updated content
    • collegerecruiter school look-up service included
    • testing dates available via direct link to testing service
    • direct link now available to educational testing service
    Salary Surveys
    • Has Compensation newsfeed from Business & Legal Reports
    • new, updated reports now available
    Articles - Career and Executive Recruiting Advice (CERA)
    • Top 10 Reasons Hourly Employees Leave by Mel Kleiman, CSP, Humetrics
      Ever wonder why it's so difficult to retain your best performers? Ten things that should be monitored on the management side.
    • Why I Like My Job by Yvonne LaRose, CAC, Executive Recruiting Entrances
      It was an informal poll to get some sense of why workers have job satisfaction. The answers were eye opening.
    Articles - Career Coach Corner
    • Company Research and the Interview by Vault
      Understanding a prospective employer is a vital part of the job search.
    • 4 Resume Tips From Career Pros by Kevin Donlin
      You only have 13 seconds for their attention. Use that time wisely by using these four tips from resume experts.
    • 4 Job Search Lessons by Kevin Donlin
      Maybe the key to a short, effective, and successful job search is viewing the function as a four-part process.
    There are two articles coming (that should have been included in this newsletter. One is the tips for women aspiring to management positions and desiring to be viewed as strong and effective. The other is the reading recommendations made by the pros. Here are some sneak peaks into what you'll read in:
    • Women and Management
      • "The number one thing bad managers have in common is lack of confidence that causes them to micro-manage and drag down the people that report to them." Dianna Rudd
      • "For those seeking growth in our organization I notice a common theme amongst the women, lack os self promotion." Celeste Thompson
      • "Become known as a thorough and "out of the box" thinker." Terry Segerberg
    • Recommended Readings on Leadership
      • Play Like A Man, Win Like A Woman' by Gail Evans
      • How to Say It For Women: Communicating with Confidence and Power Using the Language of Success" by Phyllis Mindell

    Two discussion topics are posted in the "General" folder. Share your views:

    1. Winning Ways
      I recently had an opportunity to talk with a very attractive graduating high school senior. She was making a final exam presentation on a business model and product. Her desire was to get the best grade in the class. Her product was unique. I tried being her Devil's advocate a few weeks ago in order to help her spot any holes in the product or her marketing argument. Everything seemed "tight" with regard to the basics of the presentation.

      The weekend before the big day, she went out and bought a new outfit. It consisted of some nice slacks and strappy heels that matched her camisole, spaghetti-strap top. I suggested that she put on a cute little jacket that would cover the spaghetti straps but still show the attractiveness of the top. She refused the jacket. Her reasoning:

      • the majority of the class population was male and she was striving to get their votes
      • the outfit would appeal to the male population
      Was this the right approach to winning the competition? If so, would this approach transfer to getting a job or a promotion?

      It sounded like she was using a little psychology and subtle persuasion via sex appeal. How much does sex appeal or attractiveness (whether from a male or female stance) help in gaining acceptance or getting ahead?

    2. Women and Promotion
      Your input regarding two questions relating to women and their promotability into management or higher into the management ranks would be appreciated:
      • What can women do to not be perceived as weak and ineffective?
      • What can women do to show that they are promotable and management material?
    These questions were posed to human resource professionals, recruiters, and others. The responses will be part of an article being produced in the very near future.

    There's time to share your own views. Do so either in The Forum or on the Discussion List

    Elsewhere launched their redesigned site in early July. Gone are the multi-colored index tabs at the top of the site. Gone are the multi-colored anythings. Instead, there's a sleek pale blue used as the single site color. Easy navigation. As of July, they announced that live chat will be added in the near future. Discussion boards are now available.

    I asked the person in charge of designing the site what their favorite new feature is. They couldn't say (too much excitement about the overall project, I'd guess). Their recommendation was for me to go to the site and take a look around (unfortunately, I'd already done that and wanted to highlight their biggest feature to you. Why not mosey over and join the poll.

    How would you rate the new Website (5=highest rating)?

    5 = 11 (47.83%)
    4 = 6 (26.09%)
    3 = 4 (17.39%)
    2 = 0 (0.00%)
    1 = 2 (8.70%)

    Total: 23 [AS OF 07/16/05]

    Career Coach Corner

  • Education and Skills Assessments
    • Just-in-Time Jobs
      Since the Internet bust, more employers are ignoring the traditional hiring season to scout talent year-round
    • Hotter Jobs, New Faces, More Cash
      An improving economy means better prospects for MBAs, a survey finds. Plus: a new dean at Rice and a wealth of grants and scholarships
    • Appeals Court Gives New Life to Law Student's Bid to Take Exam After igraine
      A federal appeals court in June reinstated a lawsuit from a woman who claimed a migraine headache kept her from finishing a law school final exam. Carin Manders Constantine's pleas for additional time to complete the constitutional law final were rejected by George Mason University law school officials, and her lawsuit similarly seeking another chance was dismissed.

    The October LSAT is coming soon. Do your preparation with the Online LSAT Course.

    Management & Leadership Education
    Whether you're aspiring to advance into management, already there and what to hone some of your skills, get re-certified, or are looking for additional executive enhancements, there are quite a few opportunities for you. Consider:

    American Management Association (AMA)

    • Toolkit for [Manager] Success
    • Taking on Greater Responsibility (for non-managers)
    • Improving Managerial Effectiveness
    • Mastering Organizational Politics, Influence and Alliances
    • Management / Leadership Skills for Supervisors
    • Critical / Strategic Thinking / Planning
    • Women in Business
    • Effective Leadership
    • Leading with Emotional Intelligence
    • Developing Executive Leadership
    • Relationship Building Skills
    So you're interested in building your human resource or employment law skill base. Again, among the AMA offerings are a fundamentals course in human resource management as well as an Employment Law course. Speaking of human resource and employment law courses, look into the national certification offerings from:

    Institute for Applied Management & Law (IAML)
    Producer of practical and comprehensive law seminars since 1979, with content available at live seminars, video tapes and CDs, audio and onsite trainings

    • Employee Relations Law
    • Advanced Certificate in Employment Law Conferences
    • Essentials of Human Resource Management
    • Employee Benefits Law
    For online management, leadership, and certification courses, consider the offerings from Training Center's Online Business Management Courses:
    • Pressure
    • The Three C's
    • Visualization
    • Stress Management
    • Project Resources
    and from eLearners
    • Leadership (MNM) Graduate Academic Certificate
    • Bachelor of Science (BS) in Business - Management and Leadership
    • Master of Science in Management
    • Advanced Start B.S. in Management
    • B.S. in Business Administration - Human Resource Management
    • Master of Human Resource Management
    Brainbench is offering 23 sponsored certifications until September 1. What that translates into is there are a select number of free tests available. Which ones? Some are:
    • Accounts Payable Fundamentals
    • Computer Fundamentals (Win XP)
    • Computer Technical Support
    • Personality Assessment
    • HTML
    • Human Resources Concepts (U.S.)
    • ICD-9 and CPT Coding
    • Linux Administration (General)
    • Medical Terminology
    • MS Access 2000 Fundamentals
    • MS Commerce Server 2002
    • MS Server 2003 Administration
    • Network Security
    • Project Management (2000)
    • RDBMS Concepts
    See the full list

    For Business
    Brainbench pre-employment assessments are fast and easy. And most importantly, they save you from losing thousands of dollars on an otherwise bad hire. With TotalMatch series of tests, you can measure not only technical aptitude and skills but also the personality traits that make for the ideal IT employee (TotalMatch is also available for 100+ other job types). Try it out for yourself at no risk.

    Recruiter Training
    Bill Radin has a series of seminars across the country coming up during September 12 through October 14. His talks will cover the gamut:

    • How to Succeed in a Candidate-Driven Job Market
    • How to Write Winning Job Orders
    • How to Improve Your Recruiting Skills
    • Strengthen Your Candidate Assessment and Closing
    Who Should Attend this Seminar? According to Bill, "My strategies are suitable for rookies and veterans alike. If you're new to recruiting, or you want to learn fresh ideas or brush up on forgotten skills, this is the seminar for you!" Check out the full descriptions for yourself.

    Mike Ramer has not only moved his office, Ramer Search Consultants but will be appearing at the Staffing World Conference in Orlando, FL this coming October 19-22. Meanwhile, you can avail yourself of his in-house or telephone training on the art of search.

    Top Echelon is featuring recruiter training by three specialists between August and September. Scott Love will cover Client Development Skills. Doug Beabout's "Getting Full Fees and Containers" (should that be "retainers"? Why not find out by attending.) on August 31 should be a must do. And (doctor) Jeff Skrentny will provide "A Cure For The Falloff Blues" on September 14.

    CERA Education Center

  • Careers and Recruiting
  •    Join Vault
    • Project Director - Duke Corporate Education - provides customized, management education world-wide for Fortune - Durham, NC (082405)
    • General Counsel - Provides legal counsel and advice to the departments of the Company - Education Finance Partners - San Francisco, CA (082205)
    • Systems Analyst - Responsible for system analysis, design, programming, performance tuning, and general systems support - Aksys USA, Inc. - Gastonia, NC (082205)
    • Analyst - Dean & Company - Vienna, VA (081805)
    Be seen. Get contacted. Remember to post your resume to

    6 Figure Jobs - Executive Job Seeker

    • Director of Pricing - Getronics - Confidential - virtual, any US (090505)
    • Executive Vice President - Program & Project Management - PinnacleOne - Irvine (090505)
    • Director - Claims Analysis - PinnacleOne - New York (090505)
    • Project Controls Manager - PinnacleOne - Los Angeles (090505)
    • North East Region Sales Manager - Confidential - New York (090205)
    6 FIGURE Talent WANTED!
    6FigureJobs is the leading online executive career portal. FREE! Resume posting with full confidentiality! Search through thousands of $100k+ executive and management level opportunities. Also find all of the tools and resources you need to enhance and advance your successful career.
    Post your Resume Today! publishes the largest collection of online job listings and information for professionals seeking employment with incomes from $100K to $500K. The company's tools, content and community help empower individuals to find the jobs most important to them and to direct their resumes to prospective employers. network of web-based products includes,,, and The Company was founded by former Senior Executives from to service the needs of overachievers everywhere. Sign up for the weekly job newsletter today and search over 16,000 job listings per month!

    Employment911 - Let our Professional Writers prepare your Resume and you are guaranteed to get more Interviews and Job offers and then Blast your resume to over 500,000 employers, recruiters & headhunters - 100% Guaranteed

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    Career News

    • It's the Culture, Stupid
      Want the lowdown on a what a company is really like? Keep your ears open at the watercooler
    • Why HR Gets No Respect
      Many business leaders have few kind words for the division. They just don't understand the vital role it can play
    • Was That Really an Interview?
      Sometimes, things can go swimmingly, but you still find yourself left in the pool. Here's how fake job encounters occur
    • Deals on Wheels, New Jersey Law Journal
      Corporate dealmaking has become the hottest niche at New Jersey's biggest law firms and is fueling the competition for laterals. In a recent survey, almost everyone put corporate transactional business atop the lists of growth fields, with some observers citing the state's health sciences companies as the source of much of the work. "That type of work is microcyclical," says Reed Smith's Steven Picco. "It flashes hot and then goes away, and right now it's hot."
    • Women Continue to Advance into Management Ranks, EEOC Study Finds: Glass Ceiling Phenomenon Differs by Industry
    • Facts on Working Women: Hot Jobs for the 21st Century
    • Failure Is Part of Success
      Nicholas Hall, serial entrepreneur and founder of, says succeeding involves bouncing back and overcoming self-doubt
    • No Experience? No Problem
      As a job-hunting grad, you can use your neophtye status to your advantage. Take the initiative, and you'll find lots of free help
    • Top Ten Networking Skills for 2005
      This week's issue provides advice for taking stock of your accomplishments from the past year and moving forward with a strong networking strategy for the year to come. Hear from networking expert Diane Darling about new ways to cultivate successful connections for your career.
    • Job Search 101: Networking to Find a Job
    • Networking
    • Optimizing Your Networking Plan, Process & Results
      A leading Career Coach offers the structured process and design of effective networking techniques.
    • Expand Your Network
      One of our executive clients recently reported on success in networking as part of his job search.
    • Old. Smart. Productive
      Surprise! The graying of the workforce is better news than you think, and today's seniors are more durable than ever
    • Defensiveness Can Be Offensive
      Relax. What you mistake for a hostile question could actually be a chance for you to make a friend
    • Career Insurance for CEOs
      Chiefs with a good handle on what their constituents -- all of them -- want have a better chance of keeping the corner office
    • Mental Impairments: 'Don't Jump to Conclusions' by Anne Freedman (Human Resource ExecutiveŽ Feature Editorial)
      Mental disabilities do not always fall within the stringent guidelines as set out in recent U.S. Supreme Court decisions.
    • Layoff Survival Guide
      A poll found 26 percent of respondents had already been laid off, 37 percent are concerned about being laid off, and 33 percent are not at all concerned about being laid off.
    • Dream Jobs puts the spotlight on people who have the job of their dreams - whether it's a childhood wish come true or an interesting challenge that came about later in life.
    • Interpreting Numbers
      Before negotiating an executive salary with a current or new employer, take some time to reflect on where your pay falls given the market data, the opportunities you face, and your current compensation.
    • $200,000: The New Standard
      A few years back, making $100,000 per year meant that you drove a Benz with shiny rims, put your kids through Yale no problem, paid your country club dues. Times have changed. These days a $100,000 salary means you drive a domestic car with missing hubcaps, have two outstanding loans to cover your child's state school education. Let's face it: $100,000 is not what it used to be; $200,000 is the new standard.
    • Talking Point: Executive Level Titles
      Q. I have been running a small startup company for almost four years. Four of us are consulting to the company in various executive roles. I'm the founder and president, handling a wide range of duties, but mostly in business development. I have the skill set and experience of most directors of business development or higher positions. My role has also exposed me to areas in which business development professionals are not typically involved. In considering other employment opportunities, how do I know which executive level I qualify for given my diverse background?

    CERA Career Center

  • Business and Economic Outlook
    • Fasold v. Justice, U.S. 3rd Circuit Court of Appeals (06/01/05 - No. 04-2363)
      The district court erred in ruling that plaintiff failed to establish a prima facie showing of retaliation for purposes of the Age Discrimination in Employment Act and the Pennsylvania Human Relations Act. [PDF File]
    • Grimm v. Alro Steel Corp., U.S. 7th Circuit Court of Appeals (06/07/05 - No. 04-2879)
      In an employment discrimination suit under the Age Discrimination in Employment Act, summary judgment in favor of defendant-employer is affirmed where no reasonable jury could find that defendant was motivated by age when it terminated plaintiffs' employment. [PDF File]
    • Walker v. Bd. of Regents (06/09/05 - No. 04-3143)
      In a race and gender discrimination dispute, judgment as a matter of law in favor of defendant-employer is affirmed where no reasonable jury could have concluded that plaintiff was a victim of discrimination. [PDF File]
    • Montgomery v. Stefaniak, (06/09/05 - No. 04-2666)
      Dismissal of plaintiff's wrongful termination claim is affirmed where her termination, for purchasing a car with her fiancee from a probationer whom she supervised, did not violate her right of intimate association, and it did not deny her procedural and substantive due process. [PDF File]
    • Ineichen v. Ameritech (06/10/05 - No. 04-3094)
      Dismissal of plaintiff's race, sex, and disability discrimination claims is affirmed where she failed to present evidence that a similarly situated non-white or a male employee was treated more favorably. [PDF File]
    • Kelly v. Metallics West, Inc., U.S. 10th Circuit Court of Appeals (06/08/05 - No. 04-1051)
      Under the Americans With Disabilities Act, an employer must reasonably accommodate employees regarded or perceived as disabled.
    • Coons v. Mineta, U.S. 8th Circuit Court of Appeals (06/13/05 - No. 04-3065)
      The district court erred when it dismissed plaintiff's untimely employment discrimination suit since he made a cognizable threshold claim for equitable tolling. [PDF File]
    • Court Reluctantly Trims Wal-Mart Penalty, New York Law Journal
      A federal magistrate judge reduced a jury verdict by $4.7 million in a disabilities discrimination case against Wal-Mart. Most of the reduction came from cutting the punitive damage award, a reduction that federal Judge James Orenstein called within the "plain meaning" of applicable statutes. However, Orenstein also noted that the $300,000 federal cap on punitives in the Americans with Disabilities Act would have little impact on the behavior of a "commercial titan" like Wal-Mart.
    • Brummett v. Sinclair Broad. Group, Inc., U.S. 7th Circuit Court of Appeals (07/06/05 - No. 04-3373)
      Dismissal of plaintiff's race discrimination claim is affirmed where he has not proven that a similarly situated employee not in his protected class received more favorable treatment. [PDF File]
    • Rozskowiak v. Arlington Heights (07/08/05 - No. 04-2043)
      Dismissal of plaintiff's national-origin discrimination claim is affirmed where he failed to produce any evidence that similarly-situated employees of a different descent were treated more favorably. [PDF File]
    • Philip v. Ford Motor Co., U.S. 8th Circuit Court of Appeals (07/07/05 - No. 04-1735)
      Plaintiff-employee failed to make a prima facie case of racial discrimination where he failed to show that employees similarly situated to him were treated differently. [PDF File]
    • Coghlan v. Am. Seafoods Co. (07/07/05 - No. 03-35314)
      In an employment discrimination case, the showing necessary for an employee to prevail against his employer's motion for summary judgment is heightened when the person who demoted him had previously appointed and promoted him. [PDF File]
    Business Law News
    • Recruiting in the Face of PR Disasters, The National Law Journal
      Recruiting top talent can be competitive even during the best of times -- but for law firms that find themselves defending their reputations after bad news hits, wooing sharp lawyers can be an onerous, yet crucial, task for their survival. Whether the damage comes from a firm's own wrongdoing, the loss of a major client or the departure of key players, once word gets out, the problems can compound themselves as other clients and partners start eyeing the exits. How have law firms handled these challenges?
    • Japan Passes M&A-Friendly Bill, The Deal
      The upper house of the Japanese parliament passed a set of corporate laws including one to legalize cross-border stock swaps that will make it easier for non-Japanese companies to acquire domestic ones. The government hopes the reforms will kick-start the moribund Japanese economy by boosting foreign direct investment. The United States and the European Union have been lobbying hard for the legalization of cross-border stock swaps, also known as triangular mergers.
    • Am Law 100: Adding Value, The American Lawyer
      This year's Am Law 100 features a new measurement of success: Value Per Lawyer. This indicator shows, on average, how much each lawyer contributes to partner compensation. Or to state the proposition more boldly: How many Am Law 100 lawyers does it take to put $10 million in the pockets of firm partners? Find out more about the top-ranked law firms on this year's list -- and how, under this new measurement, some Am Law 100 lawyers are more equal than others.
    • For 9th Circuit: Lots of Scrutiny and 9-0 Reversals by High Court, The Recorder
      The 9th Circuit fared worse in the latest Supreme Court session than it has in the past five years, with a reversal rate of 84 percent. But court watchers say statistics tell only part of the story; to many, what's more significant than the reversal rates is that the 9th Circuit continues to dominate the high court's docket. "What these cases show is that there are issues coming up [in the 9th Circuit] that just aren't coming from other places," says law professor Arthur Hellman.
    • Tower Snow to Get Jury Trial in Brobeck Battle, The Recorder
      Tower Snow, the former chairman of Brobeck, Phleger & Harrison, has a right to a jury trial in the $2.7 million suit brought against him by the firm's bankruptcy trustee, Judge Dennis Montali ruled Thursday. Montali said he couldn't accept the trustee's argument that because Snow had been included in a settlement agreement that the trustee reached with Clifford Chance, he had waived his rights to a jury trial. "The Seventh Amendment is not that easily traded off," Montali said.
    • Ebbers Forfeits Assets to Settle Class Action, New York Law Journal
      Former WorldCom Chief Executive Bernard Ebbers agreed Thursday to forfeit most of his assets in a settlement entered into with class action plaintiffs and the U.S. Attorney for the Southern District of New York. The settlement terms call for a $5 million up-front payment and proceeds from the sale of his assets, estimated to range from $25 million to $40 million. The class will receive 75 percent of the proceeds from assets scheduled to be sold -- including a lumber company, a marina and a golf course.
    • Lesson From Mock Jury: You're a Lawyer? Better Pay Up, Texas Lawyer
      A long-running dispute over attorney fees has ended with an Austin lawyer agreeing to pay up. Melissa Hamilton had sued partners with Fritz, Byrne, Head & Harrison after the firm sued her for alleged nonpayment of fees for a securities arbitration. Hamilton's lawyer says she decided to pay the law firm following a mock jury survey, in which respondents seemed sympathetic toward Hamilton -- until they learned she's a lawyer involved in a case against other lawyers.
    • Judge Loses Seat After Showing 'Shocking Disregard' for Law, New York Law Journal
      In a harshly worded opinion, New York's Court of Appeals on Wednesday ended Brooklyn Surrogate Michael H. Feinberg's judicial career. The state's high court said that in rubber-stamping, with no oversight, some $8.5 million in attorney fees to a friend, Feinberg "demonstrate[d] a shocking disregard for the very law that imbued him with judicial authority." It rejected Feinberg's defense that he neglected to read the Surrogate's Court Procedure Act and was simply ignorant of his responsibilities.
    • 2nd Circuit Rejects Infringement Claim Triggered by 'Pop-Up' Internet Ads, New York Law Journal
      The 2nd Circuit has rejected a trademark infringement action brought against a company that causes "pop-up" advertisements to appear on a plaintiff's Web site. A panel found that causing pop-up ads, even ads for companies in direct competition with the business of the aggrieved plaintiff, does not amount to a "use" within the meaning of the Lanham Act. The case has been closely watched by Internet marketers and retailers with several weighing in with amicus briefs.
    • Workplace Discrimination - Still Alive and Well by Martha Burke - a look at Wal-Mart and the subtle sex discrimination issue.


    • Don't Let Your Startup Kill You
      A recent British study confirms what entrepreneurs have long suspected -- the stress of starting a business can take a heavy health toll
    • Giving Employees What They Want: The Returns Are Huge By David Sirota
      (Republished with permission from Knowledge@Wharton (, the online research and business analysis journal of the Wharton School of the University of Pennsylvania).
    • Keeping a Finger on the Pulse of the Work Force: How to Successfully Gain Insight Into Employee Views and Opinions by Peter Mackey
      Ethics / Business Management
    • Wal-Mart Demands Diversity in Law Firms, Fulton County Daily Report
      Law firms that pack their lower ranks with minorities and women while leaving white men in charge may soon find the nation's biggest retailer a tough customer. Wal-Mart has told its top 100 law firms that at least one person of color and one woman must be among the top five relationship attorneys handling its business. Wal-Mart's new policy, which echoes statements made by top lawyers at other major companies, signals a growing determination by corporate legal departments to pressure outside counsel.
    • Wal-Mart Spurns White Guys? No Problem, The Recorder
      Wal-Mart's recent announcement that it wants the 100 firms that do most of its legal work to move more minority lawyers into leadership positions isn't as threatening to the old-boy network as might be expected. Wal-Mart's constant demands for lower rates and flat fees, along with its willingness to change firms, have been especially galling to lawyers. They say the company deals with the defense bar the same way it deals with ice cream bars: forcing vendors to compete for business by slashing prices.
    • Law Firms Find New Revenue in 'Unbundling', The National Law Journal
      More and more states are adopting rules that allow lawyers to "unbundle" their services, enabling them to represent typically cash-strapped clients for only certain parts of their litigation. The rules' critics say clients are better served when represented throughout their litigation. But proponents say unbundling provides a public service to clients who would otherwise have no representation. Fans of the rules also say unbundling is a potential stream of untapped revenue for law firms.
    Quick HR/Legal Links: Computers and the Internet
    Is it time for you to upgrade your computing equipment -- or accessorize so that you can more readily synchronize? The more efficient your equipment is, the more effective you'll be. The more effective others will see you as being. It's one thing to say you can do it. It's another to have the right equipment in order to deliver. Two things I recommend. Check out the Notebook Deals at Gateway. They're now offering notebooks for as low as $599.99.

    Make certain all of that equipment (and your work) is protected. Visit the Virus Alerts Center to see what's happening. Also, make certain you remove dangerous adware and save $15 on McAfee Security AntiSpyware software.

    CERA Virus Alerts Center

  • Until Next Time
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