Litigation Magazine
litigation magazine

Five Tarlow Breed Hart & Rodgers P.C. associates chosen as Rising Stars in Boston Magazineâs âSuper Lawyersâ issue
BOSTON, MASS.
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Those selected include: Jennifer A. Civitella Hilario, of Somerville, previously named in 2008; Michael Dominick, of Boston; John D. Finnegan, of Pelham, New Hampshire, previously named in 2005, 2006, 2007 and 2008; Terrence M. Schwab, of Natick, previously named in 2008; and Emily C. Shanahan, of Wellesley, previously named in 2008.
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Rising Star selections are based on a statewide survey of more than 37,000 attorneys. Candidates must be under the age of 40 and have been in practice for 10 years or less. Attorneys are evaluated based on peer recognition and professional achievement and then grouped and ranked by practice area. Those with the highest point totals are selected.
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“We built our firm for the long haul. Doing that means retaining the best young legal talent out there,†said Richard P. Breed III, a member of the firm’s management committee. “So, while I know it’s personally gratifying to Jennifer, Michael, John, Terry and Emily to achieve this honor, the partners take even more pride and satisfaction in their selection because we’re not only thrilled for our co-workers, we’re growing future leaders of our firm.â€
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For more information and the complete list of practice areas represented in Super Lawyers, please visit www.superlawyers.com.
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About Tarlow, Breed, Hart & Rodgers, P.C.:
Formed in 1991, Tarlow, Breed, Hart & Rodgers, P.C. is committed to providing high quality, comprehensive legal services to its clients. Featuring a breadth and depth of experience and perspective usually found only at larger law firms, Tarlow, Breed, Hart & Rodgers. P.C. offers sophisticated legal counsel to entrepreneurs, businesses, individuals, families, and institutions.
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Tarlow, Breed, Hart & Rodgers’ areas of expertise include corporate law and business transactions, litigation and dispute resolution, estate planning, taxation, real estate, municipal law, and hospitality law.
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The offices of Tarlow, Breed, Hart & Rodgers, P.C. are located at 101 Huntington Avenue, Prudential Center, in Boston, MA 02199. For additional information, or to arrange for a consultation, please call 1-617-218-2000, e-mail info@tbhr-law.com, or visit www.tbhr-law.com.
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I got published. Need help getting compensation.?
As I young child, I submitted a statement to a children’s magazine called “Dynamite.” In a weekly category called “Bummers” readers were encouraged to submit to bummers and the best 4 per month were chosen and published in animation. For instance a bummer consisted of this: “Isn’t it a bummer when”… and the readers submission would fill follow. i.e. Isn’t a nummer when your dog gets run down by the drugged up garbage truck driver? Usually they were not that or violent, but you get the point.
My submmission was published. I want compensated by the Mag and/or the Publishing CO. I still have several signed copies of the issue. I have signed over 786 certified authentic copies and would like to receive compensation with interest through aggrssive litigation and/or high profile paid “meet and greets” where my fans could get picutres with me for a small fee and I could sell signed copies of my issue for a 3 to 4 figure fee. I am also pursuing an agency to represent me. Thanks.
Read the submission rules. More than likely there was a clause the the effect that “All submissions become sole property of the magazine.” This translates as something like “Once you submit it, WE OWN it.” Even if I am wrong, the statute of limitations for suing has most likely expired. You COULD talk to a lawyer if you wish, but I doubt you can do anything.
Many lawyers honored Jacksonville Jacksonville attorneys were recently recognized by Super Lawyers and Elite Florida Trend Magazine's Legal. Both publications are observed for the peer-review formulas in the selection of its winners and the winners will be listed in the Daily Record in the coming weeks.
Categories: Litigation Tags: business, law,, legal, litigation magazine, litigation magazine aba, magazine, news
Sample Litigation Resume
sample litigation resume
Judicial Clerkships and Why Recent Law Graduates Should Consider Them
Ask A. Harrison Barnes, lawyer and founder of LegalAuthority.com the best way to gain experience out of law school, and odds are, he’ll tell you a judicial clerkship is the way to go. They’re both prestigious and competitive – and perfect for recent law grads. These positions last usually no more than twenty four months, which is ideal. It provides new lawyers real courtroom experience and uninhibited access to the goings on – even more so than law school provided.
It’s also a great way to gather a wide range of experience across many legal specialties, says the LegalAuthority.com founder. This kind of experience looks great on a resume and is an ideal way to network. Wondering what it is a judicial clerk does? A. Harrison Barnes offers these facts:
“It’s important to realize the responsibilities will vary from one courtroom setting to another”, says Barnes; but they’re almost always full time positions and include legal research, writing court opinions, proofing and checking citations. He might also serve in the capacity of an assistant to the judge. Trial court clerks will discover their duties might be a bit more detailed than say, an appellate court clerk only because of the litigation process. Trial briefs need to be written, contact with both attorneys and even witnesses is usually required. On the other hand, says Barnes, appellate court clerks will discover they spend a lot of time writing and reviewing court cases for accuracy. Your contact with others, such as attorneys and witnesses will be a bit more limited than those trial court clerks are afforded.
Think this might be a great career move for you? Here are a few of the qualifications:
- You’ll need to have completed your law degree
- It also helps to have an impressive educational career with awards and other highlights
- Odds are, if you graduated below the top 25% of your class, you’ll miss out simply because these positions are in big demand throughout the country (this is another incentive to do well in law school)
- Most judges set their own hiring criteria, so the better armed you are before applying, the better your odds for getting the clerkship.
Your salary will likely be based on the court’s budget, your memberships, including a bar membership, and often your level of experience will play a role.
Still, says Barnes, judicial clerkships offer a rare opportunity for those eager lawyers who want to learn all they can so that they can best meet the needs of their future clientele. It’s a great opportunity and if offered the position, one that should not be squandered. For more information on law jobs in every state, be sure to visit LegalAuthority.com. You’ll discover access to thousands of legal jobs, tips and advice and a sterling resume critique process – it’s all yours for the taking.

REXEL : SECOND-QUARTER & HALF-YEAR 2010 RESULTS
PARIS–(Marketwire – July 28, 2010) – Financial statements at June 30, 2010 were reviewed by the Supervisory Board held on July 27, 2010.
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Categories: Litigation Tags: business, finance, magazine, news, portfolio, sample litigation resume
Corporate Litigation Trends
corporate litigation trends

Attorney Ed Tarlow of Tarlow, Breed, Hart & Rodgers, P.c. is Honored by the New England Chapter of the Family Firm Institute
DATELINE: BOSTON, MA…
The New England Chapter of the Family Firm Institute recently honored Attorney Ed Tarlow, a founding member of Tarlow, Breed Hart & Rodgers, P.C. of Boston, MA, for his personal and professional generosity and leadership at the chapter’s quarterly meeting held on December 4, 2008.
Tarlow served as President of the largest and most well established chapter of the Family Firm Institute in the country, the New England Chapter (NEC), from 2000 until 2008. Tarlow was cited for special recognition by the NEC for his tireless work catalyzing sponsors, inspiring membership, developing NEC Committees, and serving as the driving force for many collaborative efforts.
In one such notable effort, Tarlow was instrumental in the creation of the Massachusetts Family Business Awards program, an annual competition designed to promote and highlight the many achievements of Massachusetts-based, family owned businesses, which is now entering its third successful year.
As a senior member of Tarlow, Breed, Hart & Rodgers, P.C., Tarlow has played a key role in increasing the firm’s expertise in the areas of taxation, business law, and estate planning, which are areas of paramount importance to family-owned businesses. Tarlow is a member of the Boston Estate Planning Council, Attorneys for Family-Held Enterprises, the Society for Trust and Estate Planners, the Massachusetts Bar Association, the American Bar Association, as well as the Family Firm Institute.
In addition to having a wealth of published articles to his credit, Tarlow has achieved many noteworthy accomplishments. He received the SBANE (Smaller Business Association of New England) Community Service Award in 2007, was named the Boston Estate Planner of the Year in 2003 by the Boston Estate Planning Council, and was selected as a New England Super Lawyer by Boston Magazine in 2004, 2005, 2006, 2007, and 2008.
Family Firm Institute
The Family Firm Institute (FFI) is an international professional membership organization dedicated to providing interdisciplinary education and networking opportunities for family business and family wealth advisors, consultants, educators and researchers and to increasing public awareness about trends and developments in the family business and family wealth fields. The New England Chapter now boasts the largest membership of any chapter in FFI with members representing all consultant and advisory groups who work with family businesses.
Recent statistics indicate that more than 80 % of all business enterprises in North America are family owned and operated, and that they account for 60% of total U.S. employment, 78% of all new jobs, and 65% of wages paid. Tarlow, Breed, Hart & Rodgers focuses on working with family businesses, in particular, assisting them with the challenges of business succession between generations, as well as with issues involving corporate law, taxation, litigation, and estate planning.
Tarlow, Breed, Hart & Rodgers, P.C.
Formed in 1991, Tarlow, Breed, Hart & Rodgers, P.C. is committed to providing high quality, comprehensive legal services to its clients. Featuring a breadth and depth of experience and perspective usually found only at larger law firms, Tarlow, Breed, Hart & Rodgers. P.C. offers sophisticated legal counsel to entrepreneurs, businesses, individuals, families, and institutions.
Tarlow, Breed, Hart & Rodgers’ areas of expertise include corporate law, employment matters, mergers and acquisitions, litigation and dispute resolution, estate planning, taxation, real estate, bankruptcy, and municipal law.
The offices of Tarlow, Breed, Hart & Rodgers, P.C. are located at 101 Huntington Avenue, Prudential Center, in Boston, MA 02199. For additional information, or to arrange for a consultation, please call 1-617-218-2000, e-mail info@tbhr-law.com, or visit www.tbhr-law.com.
The Corporate Executive Board in the second quarter of 2010 and Raises Guidance ARLINGTON, Va. – (BUSINESS WIRE) – The Corporate Executive Board Company ("CEB" or the "Company") (NASDAQ: ExbD) today announced financial results for the second quarter and six months ended 30th June 2010. Turnover declined by 1.0% to $ 109,600,000 for the second quarter 2010 from $ 110,700,000 for the second quarter of 2009. Net income for the second quarter of 2010 amounted to $ 11.0 million, or $ 0.32 …
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Categories: Litigation Tags: corporate litigation trends, finance, law,, magazine, news, web2.0
Litigation Resume Sample
litigation resume sample
A Look at Paralegal Jobs
Paralegals support lawyers by organizing the massive amounts of
paperwork law offices generate, running the office smoothly,
helping to draft documents and interviewing witnesses.
Paralegals may work for lawyers, corporations, or government
agencies. In general, a college degree is sufficient education
to become a paralegal, although courses do exist to train and
certify paralegals. The National Federation of Paralegal
Associations estimates that 84 percent of paralegals have some
form of form paralegal education.
Several specific types of paralegal jobs are available.
Litigation paralegals help prepare documents for trials.
Corporate paralegals prepare paperwork for business dealings.
Probate paralegals interview clients and prepare tax and
financial documents. Real estate paralegals prepare closings and
research land laws. Government paralegals work for the White
House, the Justice Department, or the Federal Trade Commission
and may organize evidence, answer questions for the public, or
conduct hearings. Employment paralegals do work similar to a
litigation paralegal, but work specifically with unions or
discrimination cases.
The average starting salary of a paralegal is about $21,500
while working normal hours. Most law firms, however, require
that paralegals work more hours than the typical nine to five,
Monday through Friday work week. The extra overtime could bump a
beginning paralegal’s salary up to almost $60,000 a year. An
experienced paralegal can expect to make around $40,000 a year,
about the national average, with life and health insurance
benefits.
The National Federation of Paralegal Associations estimates that
84 percent of paralegals have had some formal paralegal
education. A paralegal’s specialization determines what fields
he could work in, for example medical law or labor movement
organizations. According to a 2001 survey, about 25 percent of
paralegals have an associate’s degree, about 50 percent of all
paralegals have a bachelor’s degree, and eight percent have
either a master’s degree or a J.D. degree. Certificate or degree
programs are available for paralegals who wish to have more
training. At a minimum, the National Federation of Paralegal
Associations recommends that aspiring paralegals have a two-year
degree with an emphasis on paralegal studies. A bachelor’s
degree, however, is recommended.
A paralegal’s resume should list education, experience, awards
and highlight writing abilities, professional and personal
skills. Sample paralegals resumes are readily available on the
Internet. Be sure to attach a cover letter, as you would when
applying for any other job, stating your interest and describing
the skills that make you a perfect candidate for the job. Sample
cover letters are also posted on the Internet.
A simple way to find a law firm is to go to the local library
and skim through Martindale Hubbell, an index of every lawyer in
the country organized by city and law firm. Online sites also
allow registered users to browse hiring law firms
Rexel : Second-Quarter & Half-Year 2010 Results
PARIS–(Marketwire – 07/28/10) – Financial statements at June 30, 2010 were reviewed by the Supervisory Board held on July 27, 2010. 2nd QUARTER 2010: RETURN TO ORGANIC SALES GROWTH SIGNIFICANT IMPROVEMENT IN PROFITABILITY FULL-YEAR TARGETS REVISED UPWARDS – Sales up 2.3% in Q2 (on a constant and same-day basis) after six consecutive quarters of decline: – Europe: growth throughout the quarter …
Categories: Litigation Tags: business, finance, litigation resume sample, magazine, news, portfolio
Litigation Risk Solutions
litigation risk solutions

Lawsuit Financing: Your New Solution to an Old Problem
Are you an attorney or a plaintiff involved in a lawsuit and need more money to continue your case? Lawsuit financing may be the way to go. Since this service has only been available for a few years now, most attorneys and hardly any individuals are aware they can receive a cash advance for pending lawsuits.
What Is Lawsuit Financing? In a nutshell, a funding company will provide a cash advance to a plaintiff in a lawsuit against the favorable outcome of the case. Lawsuit financing – often referred as lawsuit loans, litigation financing, and legal finance – is a somewhat new segment of the cash flow industry…but, it is growing at warp speed.
Based upon the strength of the lawsuit, the lawsuit funding company will provide an advance (normally, in the range of 10-15 percent) on the amount of money the plaintiff is expected to receive, should he win his case. This advance is non-recourse. This means, that should the plaintiff not win the case, he does not owe the funding company any money in return. Lawsuit financing is not a typical loan because the money does not have to be paid back, unless the case is won or settled.
Why Lawsuit Financing? It levels the lawsuit playing field. Typically, lawsuit defendants (insurance companies, manufacturers, banks, etc) have a great deal of money. The plaintiffs are normally average, every-day citizens. These large companies tend to string the process out, hoping that the plaintiff will run out of money and quickly settle the case for a small sum of money.
Take for instance, auto accidents and slip and fall cases. These cases account for more than 3 million injuries each year in the US. Many result in job loss, severe injuries, paralysis, and head traumas; some are permanent and irreversible. Many require continual, expensive medical care – the cost of which will easily bankrupt many families. This is where lawsuit financing comes to the rescue.
A lawsuit cash advance will allow the plaintiff to pay his or her medical bills, mortgage payments, and other household bills. The problem is: Most lawsuit plaintiffs do not know they can get lawsuit financing. They can qualify for funding, ranging from $250 to over $1M for an individual case and up to $10M for a commercial case.
How Does Lawsuit Financing Works? It’s very simple: The plaintiff fills out an application and submits it to the lawsuit funding company. The company contacts the plaintiff and his lawyer and asks background questions about the case. The funding company sends the plaintiff a contract, the plaintiff signs and the company transfers the money into the plaintiff’s bank account or overnights the funds directly to the plaintiff (whichever the plaintiff chooses).
Advantages of Lawsuit Financing. Lawsuit funding offers many advantages: it is confidential, prompt and discreet; there is no risk to the borrower; applications are free, and without obligation; there are no upfront fees, nor any processing or monthly fees; there are no credit or employment checks; bad credit – even no credit – is okay; the underwriting process is quick; a client can have money in hand the very same day; funds can be for any purpose; plaintiff pays back the advance, only if he or she wins; if the client loses the case, he or she owes nothing; all information is kept confidential; you do not need your attorney’s approval; and its available for all types of civil and commercial lawsuits.
Who is eligible for Lawsuit financing? If you are involved in any type of lawsuit, such as: personal injury, product liability, auto accident, patent infringement, malpractice (medical, legal, and construction), employment discrimination, fraud, breach of contract, Mesothelioma, negligence, workers compensation, class action, civil rights, whistle blower (qui tam), workers compensation (most states), wrongful death, commercial litigation etc.; and you are represented by an attorney, you may qualify.
Spread the word! You can get lawsuit financing against your lawsuit. If you have a friend, family member or business associate going through a lawsuit, let them know about this new service.
Nice reports second quarter 2010 results, 21% achieved the previous year compared Growth in Revenue, Record Sales and Backlog NICE Systems, a leading global supplier of intent-based solutions to companies and organizations to provide security to extract Insight from Interactions, transactions, and monitor Business Performance Drive, reduce risks and ensure the security, today announced results for its second quarter ended 30 June 2010.
Categories: Litigation Tags: edd, internet, litigation risk solutions, magazine, research, technology
Sample Litigation Budget
sample litigation budget
Comparative Study of Awareness and Sensitivity Diversity Training Strategies and Human Resource Policy Driven Strategies
A Comparative Study of
Awareness and Sensitivity Diversity Training Strategies and
Human Resource Policy Driven Strategies
A THESIS SUBMITTED by: Doris Lena Papillon
In Partial Fulfillment of the Requirements
For the Degree of
Master of Human Resources and Organization Development
The University of San Francisco, March, 2000
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Background of Problem
Cultural diversity has become the buzzword for the 1990’s. We hear less and less about equal employment opportunity and affirmative action efforts and programs, but hear more about multiculturalism, managing cultural diversity, and diversity training. The importance of the cultural diversity movement stems in large part from the predicted demographic shifts that are already underway in America’s labor force. In 1987, the Hudson Institute published a report, Work Force 2000, which predicted radical shifts in the demographic make-up of the American labor force (Ricucci, 1997, p. 1).
Now, some eight years after the various demographic forecasts were made, human resources specialists, policy makers, and researchers are beginning to look at the effectiveness of those diversity training programs (Ricucci, 1997, p. 2).
Progressive managers are increasingly aware of the prevailing demographic and social shifts. In short, these managers possess an “intellectual awareness” of diversity. They know the facts about workforce demographic shifts and have begun to consider the impact on their respective organizations (Stoner & Russell-Chapin, 1997, p. 1).
Unfortunately, many contemporary organizations have not progressed beyond this preliminary “intellectual awareness” stage. Consequently, these organizations are languishing in the initial phases of the diversity movement. Many are experiencing diversity but failing to really manage it (Stoner et al., 1997, p. 2). Although managers possess an “intellectual” awareness and understanding of recent and emerging themes, organizational response – the “enactment” of a meaningful diversity process – has been limited and fragmented (Stoner et al., 1997, p. 3).
Perhaps the most critical shortcoming around organizations efforts to prepare for workforce 2000 is that many employers have not integrated their diversity initiatives into the broader, long-term goals and missions of the organization. Rather, they tend to do “one shot” deals. Managing diversity is not just a simple program, but an initiative that will take many years (Ricucci, 1997, p. 4).
While organizations recognize a need to make the workplace more accepting of differences, they place too much emphasis on changing the attitudes of people in a company instead of changing the company culture itself. They do this by focusing solely on all-inclusive diversity training (Caudron & Haynes, 1997, p.2).
Certain aspects of managing diversity are necessary, or at least strongly advised, as a matter of law. In the United States, the Civil Rights Act of 1964 (as amended in 1972, the Pregnancy Discrimination Act of 1978, the Age Discrimination Act of 1967, and the Americans with Disabilities Act of 1990 (ADA) collectively outlaw discrimination on the basis of sex, color, race, religion, pregnancy, national origin, age, or physical ability.
The vast number of workers covered by these laws suggests that employers are well advised to invest in such managing diversity activities as worker training and organizational research to uncover evidence of unfair treatment of workers related to the various group memberships addressed in the legislation (Cox, 1994, p. 12).
Moreover, history has shown that the failure of organizations to manage diversity in this respect can lead to costly lawsuits. To mention just a few examples, in 1991 a jury awarded $20.3 million to a single person in a sex discrimination suit involving denial of promotion (“jury awarded,” 1991); in 1998, Honda Motor Company made a $6 million settlement of a suit involving charges of discrimination by blacks and women in its U.S. operations Cole & Deskins’ study (as cited in Cox, 1994, p. 13). In 1992, Shoney’s agreed to set aside $105 million to compensate victims of racial discrimination after a lawsuit was filed against the company Pulley’s study (as cited in Cox, 1994, p. 13). Thus, it is clear that there are economics as well as good citizenship implications of the legal obligations in this area of management (Cox. 1994, p. 13).
Statement of the Problem
The purposes of this study are as follows: 1) Compare human resource policy driven diversity strategies with awareness and sensitivity training diversity strategies. 2) Determine which of the two strategies is most successful at diminishing racial discrimination in the workplace.
Normative Definitions of Relevant Variables
The independent variables are the two different types of diversity strategies. The two strategies studied are the awareness and sensitivity training diversity strategy and the Human Resources (HR) policy driven diversity strategy. The dependent variable is racial discriminative behavior.
Specification of Hypothesis for Study
The purpose of the study is to examine the effectiveness of two different types of diversity strategies in diminishing racial discrimination and to test the following hypothesis: Organizations that implement policy driven diversity strategies will experience more of a decrease in racial discrimination than organizations that implement awareness and sensitivity training strategies only.
Importance of the Study
This study is very important in determining if awareness and sensitivity training strategy alone is an effective intervention for diminishing racial discriminative behavior in the workplace. It will also help understand how essential it is for organizations to implement a policy driven diversity strategy.
Review of Literature
This section will review a collection of relevant research in the area of current trends and practices of diversity management and their effectiveness. Also, discussed are discrimination lawsuits, which is a key driving force for diversity management. For the purpose of this research workforce diversity will be limited to ethnic racial minorities. The review will cover two types of diversity strategies awareness and sensitivity training strategy, and human resource policy driven strategy.
The following definitions were used for this study: 1) Awareness and Sensitivity Training Diversity Strategy: A one to two-day training workshop that focuses on training participants to become aware of specific biases. These workshops also attempt to train participants to become tolerant to the differences of minorities. 2) Human Resource Policy Driven Diversity Strategy: A strategy that looks at human resource polices such as hiring practices, promotion and retention to determine if they are fair and equitable.
Discrimination Lawsuits
Not since the height of the Civil Rights movement in the 1960s have there been so many race, sex and age discrimination lawsuits, says Gilbert F. Casellas, chairman of the Equal Employment Opportunity Commission.
This organization is often the first step toward filing a racial discrimination suit and can decide the merit of particular cases, in some instances seeking out settlements as opposed to jury cases. However, Casellas says cases are now more often directed toward Fortune 500 companies to enforce or establish many of the victories from the Civil Rights era.
According to a recent survey, the number of companies with employees in litigation against them rose 63% in 1995, a 10% increase over 1993. The most common charge was race discrimination. Last year alone, private sector employees filed more than 77,000 complaints of discrimination with the EEOC a decrease from the 91,000 cases logged in 1994 but still an increase over the 62,000 cases reported in 1990 (Aitcheson, 1997, p.1).
Corporations around the globe largely subscribe to, and endorse, the effort to create a diverse and multicultural work force, and to end discrimination in hiring and promotion. However, the fact is that many corporations have failed to take the necessary steps to implement this laudable goal. As a result, the loose hiring and promotion policies and unacceptable work-place practices that were frequently tolerated in the past are still in place today (Dilenschneider, 1997, p.1).
One might consider the frequency with which racial minorities report being victims of workplace discrimination. For example, more than 52,000 allegations of racial discrimination were filed with the Equal Employment Opportunity Commission during the 1992-1993 fiscal years against private sector employers. Aggregate data concerning the financial and professional positions of blacks relative to whites, however, suggest that many EEOC plaintiffs are not merely crying wolf (Dilenschneider, 1997, p. 1).
According to the U.S. Census Bureau, between 1979 and 1993 the real income of white families increased by 9 percent, while the real income of black families did not change. The Bureau also reported that in 1993, blacks earned less than their white counterparts in all jobs at all levels. Moreover, recent research indicates that these disparities in pay persist even after controlling for differences in job qualifications.
Finally, studies indicate that blacks, in fact, do not proportionally occupy certain kinds of positions, particularly those above the very bottom level of organizational hierarchies. Indeed, although blacks represent approximately 12 percent of the U.S. population, they make up less than 5 percent of the management ranks and considerably less than 1 percent of senior executives (Brief, Buttram, Reizenstein, Pugh, Callahan, McCline & Vaslow, 1997, p.2).
The Fair Employment Council of Greater Washington, Inc. sent out teams of black and white job candidates matched in terms of sex, age, personal appearance, articulateness, and manner to apply for the same jobs. The pairs also were equipped with similar fictional job qualifications. While blacks were favored over whites in 5 percent of the encounters with prospective employers, whites were favored over blacks in 29 percent of them. In fact, the black applicants were often told the job was already filled while their white counterparts were granted interviews for the position. This behavior is a prime example of what one scholar has termed “passive racism” (Brief et al., 1997, p. 2).
Cost of Workforce Discrimination
The Civil Rights Act of 1991 (CRA) strengthened existing federal anti-discrimination laws by making jury trials and enhanced monetary relief available to plaintiffs. Just as many business leaders feared, the cost of discrimination claims has risen significantly since the CRA was passed. Employees are filing more charges, lawsuits and class-action claims than ever before, and employers are spending more money to resolve them. This new law strengthened existing federal antidiscrimination laws by making jury trials and enhanced monetary relief available to plaintiffs (Chlopecki & Mckay, 1991, p.1).
Just as many business leaders feared, the cost of discrimination claims has risen significantly since the CRA was passed. Employees are filing more charges, lawsuits and class-action claims than every before, and employers are spending more money to resolve them. In addition, pervasive media coverage of sexual harassment and other discrimination claims is forcing employers to defend themselves not only in courts of law, but in the court of public opinion (Chlopecki & Mckay, 1991, p. 2).
Consequently, the number of employment-related lawsuits filed in federal court has exploded. Data maintained by the Administrative office of the United States courts shows that an excess of 23,000 such cases were filed in 1996, nearly triple those filed in 1994 (Chlopecki & Mckay, 1991, p. 2).
Legal concerns are a frequently mentioned motive for managing diversity. Organizations that effectively value and manage diversity are more likely to reduce or prevent costly lawsuits. Lawsuits related to sexual harassment, racial discrimination, and gender bias can cost organizations millions of dollars (Wentling & Palma-Rivas, 1998).
Strategies for Managing Diversity
Wentling & Palma-Rivas, (1998) surveyed 12 diversity experts on their perception of best strategies for managing diversity. The four strategies most frequently mentioned were training and education programs, with ten of the experts citing (83 percent); organizational policies that mandate fairness and equity for all employees, with eight citing (67 percent); mentoring programs, with seven citing (58 percent); and career development programs, with six citing (50 percent).
Providing training and education programs was the most frequently mentioned strategy for managing diversity training. Education was considered important for such areas as building awareness, building skills, helping employees understand the need for and meaning of managing and valuing diversity, educating employees on specific cultural differences, and how to respond to such differences in the workplace.
Education was also considered important for providing the skills necessary for working in diverse work teams, improving employee understanding of the cultural mix within the organization, assisting employees in learning about the culture and community the organization is serving, and providing skills and development activities necessary for diverse groups to be able to integrate within the organization, do their jobs effectively, and have opportunity for advancement (Wentling & Palma-Rivas, 1998, p. 4).
Organizations need to provide employees with the most important skills for operating in a multicultural environment so that they understand their own as well as others’ cultures, values, beliefs, attitudes, behaviors, and strengths and weaknesses. Employers must invest constantly in all employees by providing training and improving competencies if they are to work most effectively in a diverse advancement (Wentling & Palma-Rivas, 1998, p. 5).
Developing organizational policies that mandate fairness equity for all employees was another frequently mentioned strategy. The diversity experts indicated that revising organizational policies and procedures so that they support diverse needs is one of the most critical initiatives. The range of possibilities is very broad and, for example, could include changing recruiting policies to focus on recruiting women, people of color, older workers, and people with disabilities.
Other policies that could be changed to influence diversity include implementing flexible work schedules, ensuring pay equity for all workers, and providing child and elder care. This does not mean lowering standards, but changing the way companies do business to assure that everybody can use their full potential” (Wentling & Palma-Rivas, 1998, p. 5).
These efforts will not be successful and cost-effective if they are not directly tied to the business strategy for managing organizational change to improve productivity. More than half of the experts felt that to be most effective diversity training needs to be combined with other diversity initiatives. Diversity training should only be one part of an organization’s comprehensive diversity strategy and should not stand alone. In isolation, diversity training is not likely to have a major impact, but as part of an overall strategy it can help move an organization forward (Wentling & Palma-Rivas, 1998, p. 5).
Diversity Training Programs
Arguing conclusively about the value of any training program is always tough because training evaluation is so rarely done beyond the anecdotal or reaction level. Not having controlled studies to report, the authors cite Equal Employment Opportunity Commission (EEOC) statistics. Between 1990 and 1995, EEOC sexual harassment cases increased 150% (from 6,126 to 15,549). Age discrimination cases went from 9,500 in 1981 to 17,009 in 1994. Race discrimination increased from 29,159 cases in 1990 to 31, 656 in 1994. Sex discrimination complaints rose from 31,695 in 1993 to over 40,000 in 1994. Overall, from 1990 to 1994, the authors report a 34% increase in claims and a 38% increase in dollar awards through EEOC claims. Counter-argument is that without diversity training the increases could be even larger. Yet another explanation might be that the increases could be attributable to those organizations not conducting diversity training (Tallarigo, 1998, p.1).
Evaluating diversity programs and the factors that cause them to succeed or to fail is important for several reasons. One is cost. The average diversity expert costs $2,000 per day, with the most sought after consultants earning four to five times that amount, according to H. MacDonald writing in the July 1993 New Republic. Cultural audits, which most experts recommend as precursors to training, can cost as much as $100,000. A second reason is the possibility of not just neutral, but of negative outcomes from diversity training. These include the possibility of post-training participant discomfort, reinforcement of group stereotypes perceived, disenfranchisement of backlash by white males, and even lawsuits based on managers’ exposure of stereotypical beliefs exposed during “awareness-raising” sessions. Although we know such outcomes do at times occur, it is really anyone’s guess as to just how often (Rynes & Rosen, 1994, p.2).
A 1988 study of training practices in firms of more than 100 employees did not even list diversity among the top 40 training topics. A more recent review of training research published in 1992 concluded that “although training for diversity has increased in popularity no systematic empirical research regarding the effectiveness of diversity programs has been published.” Thus until very recently, it would have been difficult to conduct research on the effectiveness of diversity training (Rynes, Sara, Rosen & Benson, 1994, p.1).
However, times have changed. The number of training experts specializing in diversity has increased. Workforce 2000 Today, a Towers-Perrin survey published in 1992 reported that three-quarters of companies either have or plan to begin training programs to deal with diversity issues (Rynes et al., 1994, p.2).
In a research project, using a sample from members of Society for Human Resource Management, investigating success of diversity training programs 785 members responded to a survey. Thirty-two percent of responding firms provided some sort of diversity training. However, most diversity training programs last only a day or less. Additionally, the proportion of the training budget earmarked for diversity is typically small.
Less than one-third of the firms devote 10 percent or more of their training budgets to diversity issues. The most common topic area addressed through diversity training is the pervasiveness of subconscious stereotypes, assumptions and biases. Other topics receiving high amounts of coverage include how to get things done in diverse groups; how to balance individual or special needs against perceived needs for fairness or equal treatment; and relationships between diversity, equal employment opportunity and affirmative action requirements (Rynes et al., 1994, p.2).
According to respondents, diversity training typically has a markedly positive short-term impact on the attitude of attendees. For example, 73 percent of respondents indicated that they believe the typical employee leaves diversity training with positive attitudes toward diversity; in contrast, only 9 percent believed that the typical trainee enters with favorable attitudes. Similarly, 68 percent believed that the typical employee is skeptical prior to training, whereas only 7 percent reported general skepticism after training. However, long-term assessments were decidedly less positive. The largest group of respondents (50 percent) described their programs as having either a mixed effect or a neutral or negligible effect. Another 18 percent described them as either “largely ineffective” (Rynes et al., 1994, p.3).
On a more positive note, a sizable minority reported that the long-term effects of their training efforts were either “quite successful” (30 percent) or “extremely successful” (3 percent). The most common indicators of long-term success were reduced grievances and lawsuits, increased diversity in hiring and promotion outcomes, increased employee self-awareness of biases, and increased consultation of human resource specialists on diversity-related issues.
The fact that some companies report long-term training success (while most do not) raises the question of what factors differentiate successful from unsuccessful efforts. Our analyses showed that some of the differences in reported success rates were associated with characteristics of the training itself. Statistically, the most important of these was whether or not the training was mandatory for managers. This finding was also echoed in the open-ended comments of respondents whose programs experienced limited success (Rynes et al., 1994, p.3).
In contrast to recent anecdotal accounts that have stressed the potential negatives of diversity training, present results suggest that reactions to diversity training per se are overwhelmingly positive, at least as seen through the eyes of human resource professionals who have experienced it. In the entire sample, fewer than ten respondents suggested that diversity training had had a negative impact on attendees (Rynes et al., 1994, p.4).
The questionable quality of some diversity training programs has been reflected in surveys of people who have participated in training. Recent surveys have found that as many as 50% of United States companies provide diversity training programs. But a 1993 survey by the Society of Human Resource management found that 68% of the respondent’s human resources officials considered programs at their companies not to be the balm they’d expected. About 18% called them largely unsuccessful or extremely unsuccessful; the other 50% considered them neutral neither successful not unsuccessful (Murphy, 1997, p.2).
Many diversity trainers believe the confrontational nature of some early training practices even when their focus on white male oppression was intended to explain the discrimination historically felt by women and minorities – was counterproductive. Many diversity training programs have moved beyond those tactics, but some still have inherent problems. In trying to help people understand differences among cultures, some actually buttress people’s stereotypes (Murphy, 1997, p.4).
They use handouts describing Asian-Americans as being reluctant to look someone in the face, or African-Americans as being standoffish, or Latinos as clannish. While the descriptions are intended to explain cultural mores, participants walk away from such programs more separated from each other, and empowered to use sometimes harmful blanket assumptions about each other (Murphy 1997, p.4).
The 1993 Society for Human Resource Management survey found that 72% of diversity training programs lasted one day or less. Almost half lasted less than a day. Also, according to the 1993 survey, only 30% of the responding organizations that conducted diversity training went on to measure resulting behavior at work; fewer than 20% rewarded managers for increasing the diversity of their work groups (Murphy, 1997, p. 5).
An American Management Association study confirms that training, on its own, has little impact. The effectiveness of diversity training programs, the report found, was much lower in companies that offered training without sponsoring any other cultural-change initiative. On a scale of one to five, these programs were given a score of just 1.39. By comparison, the quality of training in companies that also had other diversity efforts in place was ranked twice as high, or 2.85 (Caudron & Hayes, 1997, p.1).
Policy Driven Diversity Programs
Today, 74 percent of all Fortune 500 companies have managing cultural diversity (MCD) programs, according to a 1996 survey by A.T. Kearney Executive Search in Chicago. The aim of these programs is to help employee’s value differences and make sure that those differences become a net benefit to the bottom-line (p. 1).
Valuing differences is also seen as a way to increase productivity and profitability in this day of globalization and segmented marketing. These programs also include in Equal Employment Opportunity (EEO) hiring goals for women and minorities, along with many other initiatives (Klimley, 1997, p.2).
Explanations vary for lower levels of promotion and constrained career patterns among women and minorities. Some would suggest that these patterns can be explained by differences in training and experience. A smaller percentage of blacks have college degrees than whites. A smaller percentage of both women and blacks study science and engineering in college than white males, and once they are hired into companies, minorities are more often placed into staff rather than line jobs. Many explanations can be made for these patterns, but once they occur the result is differences in training and experience that affects promotions (Friedman, Kane & Cornfield, 1998, p. 2).
Organization that are aware of diversity can eliminate barriers based on superficial differences. To ensure the long term success of organizations as well as their diversity effort, the programs must include a plan for hiring, keeping, and providing promotion opportunities to people from across the spectrum (Nilson, 1997, p. 5).
Pay and advancement prospects usually are closely tied to job titles and job ladders, so the visible traces of bias lie in patterns of segregation within and across organizations.
The mechanisms that generate these patterns can be understood by analyzing organizations’ policy and practice for hiring, job assignment, training, pay, and promotion (Bielby, 2000, p. 4). Why should companies concern themselves with diversity? Until recently, many managers answered this question with the assertion that discrimination is wrong, both legally and morally. Another crucial argument for diversity programs was that demographic changes were altering labor markets and consumer markets. Demographic predictions provided “a sense of crisis, urgency, and purpose” for diversity programs (Dobbin, 1998, p. 9). Soon, mainstream business organizations accepted diversity management as a legitimate subfield of human resources management.
Following the success of Workforce 2000 and the Valuing Diversity videos that appeared on its heels, diversity management spread from the pioneering consultants and companies to a wide range of organizations (Dobbin, 1998, p. 1).
By the early 1990’s, diversity initiatives had been adopted by 70% of fortune 50 companies. In a 1991 study, 406 respondents from the Conference Board’s general membership of large companies were asked about their diversity practices. Training and policy statements topped the list (Dobbin, 1998, p. 13).
In 1997, Charles and McCleary, reported on the results of a study of 16 black managers in the lodging industry. Respondents were asked to suggest ways to retain blacks once they have entered the lodging industry. Some of the respondents felt that there was not equal opportunity for management training programs. If blacks are to be retained, care must be taken to ensure that the opportunity is available to develop the skills necessary for advancement on an equal footing with other ethnic groups. Offering fast-track positions once high potential candidates have been hired and trained is essential. Once a person has been targeted for fast track promotions, a good succession plan to develop the manager must be developed and followed (p. 1).
According to the survey results the practice that ranked highest in importance by the largest percentage of respondents was “The organization has policies against racism and/or sexism” (Schreiber & Price, 1993, p.7).
In the Spring of 2000 Palma-Rivas reported on the results of a study of eight multinational organization’s diversity initiatives. All of the study participants indicated that their corporations had initiatives to recruit and promote women and minorities. The majority (88 percent) of the corporations also had in place initiatives that aimed to retain women and minorities.
All of the study participants indicated that their corporations were focusing on increasing the representation of women and minorities at the managerial level. The study participants indicated that the best and brightest candidates were increasingly made up of people who were diverse. Therefore it is imperative, according to the study participants, for companies to recruit, hire, develop, and promote from the diverse talent pool in order to be productive and remain competitive (Wentling & Palma-Rivas, 2000, p. 6).
In 1998 Went and Palma-Rivas reported on the results of a study of diversity expert’s perception of diversity trends.
According to the survey the following components were most frequently mentioned: commitment and support from top management, with twelve citing (100 percent); inclusion as part of the organizational strategic plan, with eight citing (67 percent); programs that meet the specific needs of the organization, with eight citing (67 percent); qualified trainers, with seven citing (58 percent); combination with other diversity initiatives, also with seven citing (58 percent); mandatory attendance; with six citing (50 percent); inclusive.
Commitment from top management was the only component that all the diversity experts identified. They stated that top management’s role should include communicating throughout the organization the importance of diversity and why diversity training is being offered, emphasizing how diversity is linked to the organization’s overall business goals, and providing resources to support diversity training. Furthermore, top executives need to start by setting an example for others in the organization to follow. They need to show others through their actions how important diversity is to them and to the organization (Wentling & Palma-Rivas, 1998, p.5).
Sixty-seven percent of the experts believed that to have better results diversity training initiatives need to be included as part of the organizational strategic plan. For diversity training to work efficiently and effectively, it must be connected to the organizational needs and business objectives. These efforts will not be successful and cost-effective if they are not directly tied to the business strategy for managing organizational change and improving productivity (Wentling & Palma-Rivas, 1998, p. 5).
Developing organizational policies that mandate fairness and equity for all employees was another frequently mentioned strategy. The diversity experts indicated that revising organizational policies and procedures so that they support diverse needs is one of the most critical initiatives (Wentling & Palma-Rivas, 1998, p.5).
The range of possibilities is very broad and, for example, could include changing recruiting policies to focus on recruiting women, people of color, older workers, and people with disabilities. Developing mentoring programs was also frequently mentioned as a strategy. According to the diversity experts, it is extremely important to offer mentoring programs for minority employees (Wentling & Palma-Rivas, 1998, p. 5).
Minority employees need mentors who will assist them in understanding the organization’s standards, offer feedback on their performance, make them aware of organizational norms and politics, suggest strategies for advancing in their careers, and encourage them to meet high performance standards. The experts stated that poor career planning is one of the main reasons why minority and women employees fail to advance in many organizations (Wentling & Palma-Rivas, 1998, p. 5).
More than half of the experts felt that to be most effective diversity training needs to be combined with other diversity initiatives. Diversity training should only be one part of an organization’s comprehensive diversity strategy and should not stand alone. In isolation, diversity training is not likely to have a major impact, but as part of an overall strategy it can help move an organization forward (Wentling & Palma-Rivas, 1998, p. 6).
One expert had this to say, “Linking diversity training to existing training programs such as leadership training, team building, total quality management, and employee empowerment and participation will increase its effectiveness” (Wentling & Palma-Rivas, 1998, p. 6)
The movement of managing diversity in the workplace is at a critical stage. Given the realities of the changing workforce and workplace, diversity issues will not go away; organizations of the future will need to develop systematic efforts for managing diversity they will need to connect their diversity efforts to organizational needs and business objectives through needs assessments and measures for feedback and evaluation of their efforts. A long-term perspective and integration with other organizational change efforts will be needed in order to ensure that diversity becomes an effective corporate strategy (Wentling & Palma-Rivas, 1998, p. 8).
The Role of HR in Diversity Management
An essential role for HR in a culture change effort is assisting organizational leaders to realize that people are their most important resource. To create a sustainable, high performing work culture, the people of the organization must be treated as valuable resources that are essential for the continuing success of the organization. Barriers to their full involvement and contribution must be identified, removed and replaced with inclusive norms and values that allow all people to do their best work. HR professionals’ tools for helping to bring about this culture change include training, coaching, mentoring, modeling, monitoring and measuring (Miller, 1998, p.8).
Pollar (1998), explains the role of the human resource department as “…the catalyst that finds and develops opportunities and resources that support the company’s diversity program”. Human resources are the researcher that gathers the comprehensive information that organizations will need to develop an effective initiative.
The department may be the most effective advocate for the program, using a sort of “shuttle diplomacy” between departments, upper management, the diversity task force, and different employee groups to ensure that the intent and benefits of the initiative are well understood (p.2).
The HR professional is attuned to the entire organization, not just one department or function. He or she deals with employees at all levels from the boardroom to the production floor to the marketing department to accounting. She or he also deals with the issues such as recruiting, retention, compensation, employee-assistance-programs, health and safety, and training and development that span the entire organization. The HR professional focuses on the characteristics of a company’s human resources, including all of the knowledge, skills experience, and commitment of the employees and their relationship with each other and with those outside the company. In addition, HR practices include all of the programs, policies, and practices that a company uses to manage its human resources (Rowden, 1999, p.4).
Summary
The literature review focused on two different types of workplace diversity strategies. One of the diversity strategies discussed was the awareness and sensitivity training strategy that is generally a one to two day training workshop that focuses on training participants to become tolerant to the differences of minorities. The other diversity strategy discussed was the human resources policy driven diversity strategy that examines the hiring practices, promotion and retention policies of the organization.
Racial discrimination lawsuits were discussed in the literature review because it is one of the driving forces for diversity management. Discrimination lawsuits can cost organizations millions of dollars. Also discussed was the role of human resources professionals.
The human resources professionals are generally the employees in the organizations that are responsible for developing and implementing training programs and dealing with recruiting, retention and promotion issues.
The workforce in the United States and in many nations of the world is becoming increasingly more diverse. It has been estimated that by approximately the year 2000 a majority of public school-age children in the United States will be non-White.
It is therefore imperative for organizations to implement systems and practices to manage people so that the potential advantages of diversity are maximized while its potential disadvantages are minimized (Cox, 1994, p.4).
Conclusions
One goal of diversity management in the workplace is to implement policies, strategies, and programs that will support the fair and equitable treatment of minority employees. The findings in this study suggest that a large number of organizations are addressing racial discriminative behavior in their organization by implementing diversity strategies. Additionally, the data suggest that organizations that implement more than two diversity strategies experience a more significant decrease in racial discriminative behavior than organizations that implement only two diversity strategies.
It is interesting to note that statistical significance was found numerous times when analyzing several categories. For example, statistical significance in the Lawsuits and Grievances categories (chi-square=57.174, df=3, p< .000) suggest that some companies take diversity strategies seriously, possibly because of huge financial losses incurred from lawsuits claiming employee discrimination.
Hiring and Retention – Statistical significance in this category (chi-square = 47.697, df=2, p< .000) suggests that some Fortune 500 hiring management and human resources staff may have achieved some level of success in hiring and retaining minorities as a result of applying more than 2 diversity strategies.
Promotion of Minorities – Statistical significance in this category (chi-square=19.327, df=4, p< .001) suggests that institutions implementing more than 2 diversity strategies may have had a positive impact on the promotion of minorities within these Fortune 500 companies.
Employee Denial of Biases – Statistical significance in this category (chi-square=32.149, df=4, p< .000) suggests that implementing more than 2 diversity strategies may have had a positive impact on reducing employee denial of the existence of biases in the workplace.
Management Support – Statistical significance in this category (chi-square=54.142, df=3, p< .000) suggests that implementing more than 2 diversity strategies may have a positive impact on management support of minorities in the workplace.
Overall, the results from these analyses strongly suggest that institutions that implement a combination of diversity strategies are more likely to have less perceived racial discriminative behaviors than institutions that only implement one or two of the diversity strategies described in this study.
Overall, the results from these analyses strongly suggest that institutions that implement a combination of diversity strategies are more likely to have less perceived racial discriminative behaviors than institutions that only implement one or two of the diversity strategies described in this study.
JUI is set to increase its tariffs Inc. Charles Town – Jefferson Utilities customers now see the prices 52.3 percent increase in their water. JUI, the approximately 2,200 customers Services in Jefferson County, has been losing money since at least 2007, said his owner.
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Litigation Graphic Technology
litigation graphic technology
Errors and Omissions Insurance: a Vital Component in Protecting Against the Unexpected
Many business owners have taken proper steps to insure against property loss and injury claims, the more traditional forms of commercial insurance coverage. However, they may have overlooked protecting themselves against claims of professional negligence.
Errors and Omissions (E&O) insurance, also known as Professional Liability insurance, protects organizations or individuals against claims of financial loss due to negligence in the delivery of professional services. Professional liability related to errors or omissions, whether actual or merely perceived are not covered by General Liability insurance. (General Liability essentially covers claims of bodily injury or property damage.)
As the business climate grows more complex, so do the insurance needs of business owners, regardless of whether they employ hundreds of consultants or operate as a sole proprietorship out of their home. Errors and omissions insurance coverage is critical and it protects businesses in two vital areas: legal defense fees and settlement expenses.
Most E&O policies will cover defense costs, which, even if the allegations are found invalid, can cost tens of thousands of dollars. For many small businesses and individuals, high legal defense costs could lead to serious financial strain or even bankruptcy.
Who’s at risk?
Professionals who most commonly need E&O insurance include doctors, lawyers, engineers and consultants. However, there are a handful of businesses in which E&O coverage is often overlooked, these include advertising agencies, Web hosting companies, service providers, Web and graphic designers, and other Internet-based service companies. Nearly every organization that provides a professional service to a client for a fee has E&O exposure, and because professional requirements are typically undefined in legal terms, Professional Liability insurance shields businesses from the unforeseen.
In some cases, subcontractors may be required by the client to provide proof of General and Professional Liability insurance. Any business that provides specialized service or performs work on a project that is critically important to the client’s business, will want to insure themselves against E&O claims. This risk opens the contracted business to potential litigation. If a client perceives a task was not carried out as promised, they can file claims on several issues, including:
* Software or system failures that cause a client to lose profits
* Failure to perform duties
* Loss of client data
* Copyright infringement on Web site and software development
* Failure to meet pre-determined benchmarks on specific projects
While quality control can reduce the risk of errors and omissions, no company has complete immunity to it. Even with the best and brightest employees serving on the frontline, mistakes will happen and if the client feels the service was not completed as promised, if it costs the client money, or damages their reputation, then the company could be at risk of E&O litigation.
Ensuring the policy meets the company’s needs
Costs for errors and omissions insurance coverage vary significantly. Many factors are taken into account such as, the type of business, the type of services provided, the location, claim history, and size of the business. The competition among insurance providers, however, works to the business owner’s advantage, and the process for receiving an E&O insurance quote, cost comparison and detailed policy information should be fairly simple.
While the process will vary, some insurance company underwriters will ask for copies of contracts and descriptions of quality control procedures, while other underwriters may simply request an application be completed. When searching for an E&O insurance quote or reviewing a policy there are several key features to be mindful of:
* Coverage should include legal defense costs.
* Both W2 employees and 1099 subcontractors should be covered – the company should be protected against claims from work performed by 1099 subcontractors on the company’s behalf. In many cases, however, 1099 personnel are not covered and would need their own errors and omissions insurance coverage.
* Optional coverage for allegations of copyright and intellectual property infringement – this protects the company from claims alleging copyright infraction. Intellectual property infringement coverage is particularly important for software, systems or processes, as they are the most widely known “intellectual properties.”
* Personal injury coverage such as claims of libel, slander and invasion of privacy
* Worldwide coverage – this covers incidents regardless of where they originate.
Defending a claim
In the event a claim is filed, E&O insurance will adequately prepare the company to defend its case. It will pay for a strong legal defense and potentially save a small business or individual from severe debt. Unfortunately, laws and legal precedents that govern the technology industry are still under development, which often puts IT professionals in unknown legal territory.
However, while mistakes are bound to happen, there are a few steps businesses can take to mitigate claims:
* Have a written contract detailing what service will be provided, what is not included and the fees for delivering that service
* Communicate throughout the entire job; give the client realistic expectations upfront and provide regular status updates
* Implement quality control procedures, and regularly conduct audits to ensure the procedures are being adequately executed
Once the contract is written, be sure it contains very specific information, including:
* Limits of liability – the dollar amount per occurrence of liability
* A section detailing the services the company will be providing
A written contract is one way businesses and individuals can protect themselves, however E&O insurance will provide an extra layer of protection against the unknown and unexpected. Defending a claim is costly and time consuming. Regardless of whether a suit is deemed unreasonable, attorney fees will still need to be paid. In some instances, costs for defending a case can exceed the cost of a resulting settlement. E&O insurance covers attorney fees, any settlement costs that may result, and allows the business owner to continue operating without fear of potentially having to face bankruptcy or a mountain of debt.
Knology Reports Results for the Second Quarter and Announces Definitive Agreement to Acquire Sunflower Broadband
WEST POINT, Ga.–(BUSINESS WIRE)–Knology, Inc. (Nasdaq: KNOL): Second Quarter Highlights: Revenue increased to $113.0 million for the second quarter 2010, up 4.7% compared to the same period in 2009. EBITDA, as adjusted, increased to $39.4 million for the second quarter 2010, representing an increase of 6.7% compared to the same period in 2009. EBITDA margin improved to 34.9% for the second …
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Litigation Budget Example
litigation budget example
