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52 Prac. Law. 3 (2006)

handle is hein.ali/praclaw0052 and id is 1 raw text is: THE PRACTICAL


Published by American Law Institute-American Bar Association
Continuing Professional Education six times a year

Employment Agreements, Actually
(With Sample Language)
Mark D. Risk                                11
In this article, Mark D. Risk discusses the basics of
employment agreements (did the parties make an
agreement for a definite term?), obligations implied in
law (the covenant of good faith and fair dealing), the
employee's rights against termination under an agree-
ment for a definite term, employee rights in the at will
context, the employee's obligations under an agree-
ment for a definite term, and provides an example of
an agreement to demonstrate typical drafting prob-
lems and ways to remedy them.
The Seven Elements Of An Effective
Compliance And Ethics Program
Melinda Burrows                             21
In this article, Melinda Burrows discusses the essen-
tials of establishing an ethics and compliance program,
including establishing standards and procedures to
detect violations of law, involving multiple layers of
management in the program, giving authority to the
right people, educating employees about the program,
creating detection and reporting mechanisms, setting
up a system of incentives, and response mechanisms
for substantated violations.
Circular 230: Why, What, When, And How?
Bradley R. Coppedge                         29
If your practice includes giving written tax advice, you
need to know all about the final regulations under Cir-
cular 230. In this article, Bradley R. Coppedge exam-
ines the language of the regulations and discusses
when they apply, to what sorts of opinions they apply
(with special emphasis on the nature and variety of

covered opinions), when the Circular specifically does
not apply, the implications for practitioners and their
clients, and offers sample language for Circular 230
Employment Benefits For Same-Sex
Couples And Domestic Partners
Donna Hughes Latta                              37
In this article, Donna Hughes Latta discusses the
advantages and challenges for employers in extending
employment benefits packages to same-sex couples
and domestic partners. Focusing on developments in
the law regarding same-sex marriages, civil unions,
and domestic partnerships, the author explores the
implications of the Defense of Marriage Act
(DOMA), state statutes and cases including Good-
ridge v. Department of Public Health, Morrison v. Sadler, Li
v. Oregon, Seymour v. Holcomb, Hernandez v. Robles, In re
Kandu, and Anderson v. King County. The author also
examines the state of current employer initiatives, and
the effects of domestic partnership laws on workplace
benefits generally.
Unraveling The Mystery
Of Medical Records
Samuel D. Hodge, Jr.                            45
Medical records are crucial in a large number of cases,
but what are medical records? In this article, Samuel
D. Hodge, Jr. discusses physicians' office notes, ambu-
lance records, hospital charts, emergency room re-
cords, patient admission records, progress records,
nurses' notes, discharge summaries, order sheets,
operative notes, and other records of importance. He
also provides useful tips on investigation and discov-
ery of even the most elusive records.

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