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52 Prac. Law. 3 (2006)

handle is hein.ali/praclaw0052 and id is 1 raw text is: THE PRACTICAL FEBRUARY 2006 VOLUME 52/NUMBER 1 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 disclosures. 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. The Grammatical Lawyer The Law of the Lawyer 5 The Web-Wise Lawyer 7 Publications & Playbacks

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