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Do I Need an Appellate Attorney? Part 3: Considering a Third Option

In this three-part series, we’re exploring the various options for staffing an appeal. In part one, we touched on the pros and cons of continuing to have trial counsel handle the appeal. In part two, we addressed the upsides and downsides to having dedicated appellate counsel. In this part three, we discuss a happy medium that plays off the best of both worlds in the right situation.

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Do I Need an Appellate Attorney? Part 2: Benefits and Downsides of Appellate Counsel Handling the Appeal

In this three-part series, we’re exploring the various options for staffing an appeal. In part one, we touched on the pros and cons of continuing to have trial counsel handle the appeal. Another option for an appeal is simply to hand the case over to appellate counsel. Here are some of the pros and cons of that choice.

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Should religious employers jump on the “ban the box” bandwagon?

If your ministry asks potential volunteers or employees about any criminal record, do you need to throw out your application and start anew in light your state’s “ban the box” law? This post addresses how religious employers should be aware of “ban the box” laws and the changing legal landscape of considering criminal history in hiring.

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Should I Request Oral Argument at the Colorado Court of Appeals?

At the Colorado Court of Appeals, any party can ask for the chance to present their case before the court at oral argument. But should you? While ultimately the decision whether oral argument is granted is up to the court, the initial decision of whether to ask in the first place brings up an even bigger topic. Does oral argument really ever makes a difference in the case?

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Can You Fire an Employee who Refuses to Participate in an Internal Investigation? The 2nd Circuit Says Yes.

When an employee is accused of misconduct, particularly when those allegations are criminal in nature, conducting an internal investigation is a best practice. But what is an organization to do when the alleged offender refuses to show up for an interview? May it go so far as to fire the employee, even if that means the employee loses out on benefits or other compensation? A recent case from the Second Circuit Court of Appeals says it can.

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Recovered Memory Therapy is Dangerous for Therapists as Well as Patients

Recovered memory therapy continues to be a controversial topic, with experts debating about whether it is valid. As a legal matter, this controversy has slowly spilled over into an increased risk of liability for the therapist who chooses to use the technique. More and more states are holding that parents of children who recover memories of sexual abuse can sue the child’s therapist because the therapist has helped to create false allegations against them. Michigan is the latest jurisdiction to affirm the right of a child’s parent to sue the child’s therapist.

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