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Summary Judgments for November 15

11/15/2012 COMMENTS (0)

Killer instinct 

11/15/12

By Dan Brillman 

A new book by Oxford psychology professor Kevin Dutton says that lawyers and journalists -- and Summary Judgment contributors include both -- are some of the most psychopathic professionals. CEOs topped the list, with lawyers coming second, followed by members of the broadcast media, salespeople, surgeons, journalists and clergy.

Now let's be clear: The author isn't talking about the knife-wielding, clown-painting kind of psycho, even though convicted serial killer Ted Bundy did attend law school. The type that Dutton has in mind is the individual with manageable non-violent psychopathic qualities like "ruthlessness, charm and focus." These traits, which the prof calls the "Seven Deadly Wins," allow people to rise to the top of certain fields, reports the ABA Journal. "Any situation where you've a got a power structure, a hierarchy, the ability to manipulate or wield control over people, you get psychopaths doing very well," Dutton told Smithsonian.com last year.

To come up with his ranking, Dutton conducted an online 60-question "Great American Psychopath Survey," which you too can take. Perhaps the best line in the book comes from an attorney, who is quoted saying that "Deep inside me there's a serial killer lurking somewhere, but I keep him amused with cocaine, Formula One, booty calls, and coruscating cross-examination." The least psychopathic professions? Care aides, nurses and therapists.

Cyber-security on ice 

11/15/12

By Suhrith Parthasarathy 

Cyber-security legislation backed by President Barack Obama failed once again on Wednesday in the Senate, this time falling nine votes short of the 60 required for the bill's passage, reports The Hill. "Cybersecurity is dead for this Congress," declared Senate Majority Leader Harry Reid (D-Nev.).

The bill, originally introduced by Senators Joe Lieberman (I-Conn.) and Susan Collins (R-Maine) in February, seeks to establish security standards that would help protect the nation's critical infrastructure (such as water plants and transportation networks) from cyber attacks. But so far, it has served more to reignite a long-simmering dispute over privacy, regulation and cybersecurity, says Declan McCullagh at CNet. Republicans object to the extended role the legislation gives the Department of Homeland Security, while the U.S. Chamber of Commerce describes it as "flawed." At the same time, civil liberties groups like the Electronic Frontier Foundation say the bill violates privacy rights by giving companies the authority to monitor personal communications and pass data to the government.

The failure of the bill to pass, The Hill says, now opens the door for an executive order from Obama, which the White House began drafting in August.

Females and big law 

11/15/12

By Erin Geiger Smith 

If you work at a large law firm and are of the fairer sex, you have likely participated in programs sponsored by a "women's initiative committee." In fact, 97 percent of the Am Law 200 sponsor some sort of women's committee, according to a first-of-its-kind survey looking at those initiatives.

Whether or not the committees make a difference is another matter. The study, conducted by a foundation affiliated with the National Association of Women Lawyers, says women in law firms still need support in getting ahead, and it identified four main areas: 1) making equity partner, since women account for only 15 percent of equity partners but 45 percent of associates; 2) being credited for getting business; 3) landing higher-level roles in management; and 4) getting better pay.

To achieve these aims, committees need "more focused approaches to enhance their goals, strategies and functioning." Firms also need to fund the committees: The average budget is less than a first-year attorney's salary.

The foundation hopes the study will help measure improvements in the future and foster an understanding of how such initiatives can better the performance of women and a firm's business as a whole.

As an aside: In a New York Bar Association report released Wednesday, the number of women senior associates elected to partnership in New York City declined in 2011, down to 33 percent from 44 percent a year earlier.

Big business is watching 

11/15/12

By Erin Geiger Smith 

Stories about social media almost always revolve around the word "more" these days -- more contact, more information, more customers, more trouble. Now a new study from Proskauer Rose," Social Media in the Workplace Around the World 2.0," adds even  more.

Of the nearly 250 corporations surveyed, more than 40 percent of employers "considered it an advantage to allow employees to use social media for both business and non-business use." That's up from 30 percent last year. More employers also want to keep tabs on what the worker bees are up to: 36 percent of them (versus 27 percent a year ago) say they monitor their workers' social media use, and almost 70 percent (versus the previous 55 percent) say they have formal social media policies.

Some of Proskauer's "key recommendations" include having a dedicated and well-communicated social media policy that sets out what is acceptable. If you're going to monitor your employees, make sure you let them know you're doing it and be mindful of local privacy laws. Also, "exercise extreme caution" before relying on information gleaned from social media to make employment-related decisions about things such as recruitment and discipline.

And for those of you at work right now who came to Summary Judgments from Facebook or Twitter, count yourself lucky. A full 25 percent of employers block access to social media sites at work, the survey said.

Summary Judgments for November 14 

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Summary Judgments for November 12 

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