Trivia Game Winner

Readers: 1912 was a pretty good year. A number of iconic American corporations were founded that year, including Lockheed Corporation, L.L. Bean, and Paramount Pictures Corporation, among others. For the sports fans among you, 1912 also saw the opening of one of America’s classic baseball venues, Fenway Park, with a game between the Red Sox and Harvard. (And, for the Red Sox fans among you, in 1912, the New York Yankees finished the season with a record of 50-102.)

1912 saw some other landmarks. The Republic of China was formed. The first NHL game was played (a key development for those of us here in Minnesota). Robert Scott arrived at the South Pole, only to discover that Roald Amundsen had gotten there one month before. Arizona was admitted to the Union as the 48th state. The Titanic had its first (and last) voyage. The first Japanese cherry blossom trees were planted in Washington, D.C.

And, not to be overlooked, early in 1912, Hennepin County District Court Judge William Lancaster and Minnesota Supreme Court Justice David Simpson started a law firm at the request of First National Bank of Minneapolis (now known as US Bank). James E. Dorsey, fresh out of Harvard Law School, became the firm’s first associate in 1913. By 1919, “Dorsey” was part of the law firm’s name. When both Lancaster and Simpson died prematurely in 1924 and 1925, one from illness and one in a car accident, the law firm’s name was changed to “Junell, Dorsey, Oakley and Driscoll.” The firm has had 14 name changes since that time, becoming “Dorsey & Whitney” in 1982.

Thus, as Asmaa Butt, a researcher with Lexology in the United Kingdom, correctly noted in response to the last Trivia Game question, like Fenway, Paramount, LL Bean, and other companies, Dorsey & Whitney celebrated its 100th anniversary this year. Congratulations to Asmaa, our third international Trivia Game Winner. She wins one of our fabulous prizes.

The next Trivia Game question will go up later this afternoon. Good luck.  Regards, Roy

Announcement: Employment Law Institute Next Week, and Seminar Opportunities

Readers: Next Monday and Tuesday, May 21 and 22, Minnesota CLE will be conducting its annual Upper Midwest Employment Law Institute in St. Paul, MN. Over the last 20 years-plus, the Institute has grown into the largest employment law CLE in the country.

Many of my colleagues and I will be presenting at the Institute next week. For those who might be interested in attending our sessions, they are listed below:

May 21

Salespeople – Can’t Live With Them, Can’t Live Without Them: Managing, Disciplining and Firing the Salesperson (Melissa Raphan) (10:20 a.m. – 11:15 a.m.)

The Contingent Workforce and Alternate Staffing Models – In-House Counsel Perspectives (panel discussion, moderated by Ryan Mick) (1:30 p.m. – 2:30 p.m.)

FLSA “Off the Clock” Litigation – The Hottest Issues in the Hottest Cases (panel discussion, moderated by our now-retired partner, Robert Reinhart, Jr.) (1:30 p.m. – 2:30 p.m.)

How to Discipline and Discharge (Melissa Raphan, and others) (2:45 p.m. – 3:45 p.m.)

Are They Really Independent Contractors? Enforcement Trends and Best Practices to Avoid Misclassification (Courtney DaCosta and Ryan Mick) (4:00 p.m. – 5:00 p.m.)

May 22

Out of the Frying Pan and Into the Fire: Managing the Leave Process After FMLA Leave is Granted (Marilyn Clark) (10:20 a.m. – 11:15 a.m.)

Employees Gone Wild! Managing the Crises They Create (panel discussion, moderated by me) (11:25 a.m. – 12:20 p.m.)

The 15 Most Important Non-Compete Cases—What Every Employment Lawyer Should Know (Joe Hammell) (11:25 a.m. – 12:20 p.m.)

Improving Your Mediation Advocacy Skills in Employment Law Cases (panel discussion, moderated by our now-retired partner, Robert Reinhart, Jr.) (1:30 p.m. – 2:30 p.m.)

Employees Gone Wild! (repeat session) (2:45 p.m. – 3:45 p.m.)

As this conference illustrates, my colleagues and I will be speaking on a wide variety of employment topics next week. If you plan to attend the conference, please be sure to track us down and say hello.

More generally, I want to remind you that our Labor & Employment Group offers a number of training opportunities, which we tailor to our clients’ (or non-clients’) needs and desires. This includes basic training on fundamental topics such as discrimination law, sexual harassment, post-employment restrictive covenants, discipline and discharge, etc. The programs also include my “HR and Management Mistakes” seminar and the crisis management seminar “Employees Gone Wild!”, which I will be presenting next week.  With all of our seminars, we strive to make them interactive (using quizzes, discussion groups, etc.), and entertaining (using television and movie clips, “Jeopardy” games, etc.), as well as informative.

If you would be interested in a single seminar or a series of training seminars at your company, please do not hesitate to contact me. Best regards, Roy

Employment Trivia Game

Readers: We finally have a winner to the current Employment Trivia Question. The questions I posed were:

“Making your living in this way is bruising. Paul Simon sung about it. Bob Dylan sung about it. Name the Paul Simon song that referenced this profession. Name the two Dylan songs that focused on this activity. Who were the individuals about whom Dylan wrote?”

As Mark Tobin of Grand Forks, North Dakota, correctly observed, the questions related to boxing. Paul Simon’s song, “The Boxer,” is one of my personal favorites. For those of you unfamiliar with it, I’ve included a You Tube link: http://www.youtube.com/watch?v=y-YgA4WSWUA.

Bob Dylan has written two songs about boxing: “Who Killed Davey Moore?” and “Hurricane.” Davey Moore was a professional boxer who died in 1963 as a result of head injuries sustained during a nationally-televised boxing match. Rubin “Hurricane” Carter was a boxer who was convicted of murder on the basis of extremely thin (and dubious) evidence. His two convictions were both overturned and Carter is now a free man.

For providing the correct answers to these questions, Mark is (again) the latest winner of our Employment Trivia contest. He continues to acquire nearly every prize available in my prize box. Kudos to Mark!

The next question goes up now. Good luck. Roy

Attorneys of the Year Award

Readers: I am both pleased and humbled to announce that I received Minnesota Lawyer Magazine’s “Attorneys of the Year” award.  A press release regarding the award is on our firm’s Website at: http://www.dorsey.com/Ginsburg_2012AttorneyOfYear/.

I consider myself very fortunate to have received this award a second time.  The first award was in 2006, and was based upon our defense of Cisco Systems, Inc. and two individuals who led a company acquired by Cisco.  In that case, the plaintiff company sought $1.3 Billion.  After an 8-week trial, it recovered slightly less — ZERO!  This year, the award was based on our representation of Revis Stephenson, the wrongfully discharged Chairman of the Board and CEO of an ethanol company he had started.  We were able to recover $4 Million for our client as a result of his wrongful removal from the CEO position and the defamatory statements the company made about him.

Although I was the recipient of the award in both 2006 and 2011, in each instance, the award reflected the incredibly hard work of a team of attorneys.  In 2006, the team was composed of me, Joe Hammell and David Trevor, among others.  This year, the team was composed of me, David Trevor and Marilyn Clark.  David has pointed out to me a certain commonality in the teams; deservedly so! 

If I can be of any assistance to you or your company, I hope you will contact me.  (I might even be able to persuade David to work on the case as well.)  Regards,  Roy

Trivia Game Winner

Readers: Last week’s questions proved too easy. The inquiries were: “Your job is to lose. Usually, you perform this function quite well. What is your name and what do you do? When did you last fail to meet your employer’s legitimate performance expectations?”

As Bill Wheelock, of the defense employment law boutique, Fine, Boggs & Perkins LLP, in San Marcos, CA, correctly stated, the answer is the Washington Generals, the team that played against the Harlem Globetrotters. The Generals (who also have used the names, Boston Shamrocks, New Jersey Reds, Baltimore Rockets, and Atlantic City Seagulls) amassed a disheartening losing streak of 2495 games. Given that their job was to lose, the Generals last failed to meet their employer’s expectations on January 5, 1971, when, under the name, the New Jersey Reds, they defeated the Harlem Globetrotters 100-99. According to the Globetrotters Website, between 1962 and 2000, they lost only 2 games, against 12,594 wins. Even Phil Jackson would be envious.

For providing the answers to my Employment Trivia Game, Bill is the latest winner of one of our astonishing prizes. The next question goes up now. Good luck!  Roy