Survey of Chancery Court Cases Shows Most Litigants Obtain Expedited Relief

A recent survey conducted by several of my colleagues demonstrates the speed in which litigants can obtain preliminary relief from the Court of Chancery. The survey included a sampling and analysis of approximately 200 cases between 2009 and 2011, in which the court ruled upon a motion for temporary restraining order or a motion for preliminary injunction. The results reflect the frequency and speed at which the court has granted injunctive relief in recent years:

  • For cases in which the court ruled on a motion for temporary restraining order, the court granted the motion 58 percent of the time. On average, the court granted the motion 7 days after its filing.
  • For cases in which the court ruled on a motion for preliminary injunction, the court granted the motion 30 percent of the time. On average, the court granted the motion 26 days after its filing.
  • The survey also looked at cases from the sample that involved trade secret claims and in which the court ruled on a motion for temporary restraining order or preliminary injunction. In those cases, the court granted the motion for temporary restraining order 88 percent of the time and granted the motion for preliminary injunction 75 percent of the time.

Based on these statistics, there seems to be little doubt that the court will order injunctive relief on an expedited basis in cases where circumstances require expedition, including those involving noncompete agreements and misappropriation of trade secret.

A copy of the full article drafted by my colleagues and published by BNA can be obtained on the Young Conaway Stargatt & Taylor website.


Images for Labor Day

Happy Labor Day, dear readers. In observance of this important national holiday, may I suggest having a look at a new set at the Library of Congress, called Child Labor & Lewis Hine. The set showcases the works of investigative photographer Lewis Hine, who portrayed working and living conditions of children in the U.S. between 1908 and 1924.

National Child Labor Committee.jpg

Hine’s photography was aimed to promote the “rights, awareness, dignity, well-being and education of children and youth as they relate to work and working.” You can read more about his work in the set description.

HR’s Worst (and Most Costly) Mistake

What is the most expensive mistake regularly made by front-line managers and supervisors? Well, it depends. At least that’s the answer you’ll get when you ask a panel of lawyers. Ask 4 lawyers, get 4 different answers, each right in different ways. Here’s the short version:

(1) Failure to engage in the interactive process required by the ADA;
(2) Failure to maintain the public-access file for H1B determinations;
(3) Failure to limit who knows of a complaint of discrimination; and (4) Failure to document.

For the full version, check out the BLR article, HR’s Worst–and Potentially Mosts Expensive–Mistakes.

Top 100 Employment Law Blogs

For the third year in a row, I’m thrilled to submit to our readers what I consider to be the best of the best when it comes to employment law blogs.  Since this is the third year I’ve published this list, and practice does make perfect, I’ve imposed a few more rules this time around.  The “rules” and more details about those on this year’s list are found below but, first, . . . drumroll, please. . . the winners . . .


Group 1

1. Alaska Employment Law

2. Arkansas Employment Law

3. Connecticut Employment Law Blog

4. Daily Developments in EEO Law

5. Defending the Digital Workplace

6. Delaware Employment Law Blog

7. HR Lawyer’s Blog

8. Lawffice Space

9. New Jersey Employment Law

10. New York Public Personnel Law

11. Ohio Employer’s Law Blog

12. San Antonio Employment Law Blog

13. Strategic HR Lawyer

14. That’s What She Said

15. The Laconic Law Blog

16. Thoughts from a Management Lawyer (CA)

17. What’s New in Employment Law

18. Wisconsin Employment & Labor Law Blog

Group 2

19. Adjunct Law Prof.

20. Alabama Employment Law Report

21. All About Information

22. Atlanta Employment Lawyer Blog

23. California Wage Law

24. California Workforce Resource Blog

25. Canadian Privacy Law Blog (CA)

26. Charles A. Krugel

27. Colorado Employment Law Blog

28. Employment Law Matters

29. Employment Lawyer Blog

30. Fair Competition Law Blog

31. Florida Employment & Immigration Law Blog

32. Iowa Employment Law Blog

33. Juz the Fax

34. Legal Developments in Non-Compete Agreements

35. Maryland Employment Law Developments

36. New York Labor and Employment Law Report

37. Overtime Advisor

38. Pennsylvania Labor & Employment Law Blog

39. Smooth Transitions

40. Social Networking Law Blog

41. Tennessee Employment Lawyer Blog

42. Texas Employment Law Update

43. Texas Non-Compete Law Blog

44. Virginia Non-Compete Law Blog

45. Wage Law

46. Wait a Second! (2d Cir. Civil Rights)

47. Work Matters

48. World of Work

Group 3

49. Alabama HR Law

50. California Employment Law Report

51. Digital Workplace Blog

52. Doorey’s Workplace Law Blog (CA)

53. Drew Capuder’s Employment Law Blog

54. EBG Trade Secrets & Noncompete Blog

55. Employee Benefits Legal Blog

56. Employer Law Report

57. Employers Law Blog

58. Employment Essentials

59. Employment Law Bits

60. Employment Law Watch

61. Executive Counsel Blog

62. Fair Labor Standards Act Law

63. Federal Sector FMLA Blog

64. Florida Employment Law Blog

65. FMLA Law Blog

66. George’s Employment Blawg

67. Gruntled Employees

68. Healthcare Employment Counsel

69. Human Rights in the Workplace (CA)

70. Jottings By An Employment Lawyer

71. Labor & Employment Law Blog

72. Labor & Employment Law Blog

73. Labor Relations Counsel

74. LawMemo Employment Law

75. Manpower Employment Law Blog

76. Massachusetts Non-Compete Law Blog

77. Michigan Employment Law Connection

78. Minnesota Employment Law Blog

79. Nevada Employment Law Blog

80. New York Employment Lawyer Blog

81. OFCCP Blog Spot

82. Overtime Law Blog

83. Overtime Lawyer Blog

84. Prima Facie Law Blog

85. Privacy & Information Security Law Blog

86. Privacy Law Blog

87. Public Sector Law Blog

88. The FMLA Blog

89. The Proactive Employer

90. Trade Secret / Noncompete Blog

91. Trading Secrets

92. Transgender Workplace Diversity

93. Wage & Hour Coun

94. Wage & Hour Defense Blog

95. Wage & Hour Development & Highlights

96. Wage & Hour Law Update

97. Washington DC Employment Law Update

98. Workplace Privacy Counsel

99. Workplace Prof Blog

100. Wyatt Employment Law Report

Up & Coming

101. Delaware Noncompete Law Blog

102. FLSA Cases

103. Hawaii Labor Law

104. Iowa Employer Law Blog

105. The Word on Employment Law Blog

*    *    *   *

Update (Dec. 20, 2010, 12:50 p.m.)

Thanks to the readers who noted some of the excellent blogs (current and up-and-coming), that I failed to include.  Be sure to add these to your feed reader, as well:

FMLA Insights, by Francezek Radelet

Labor Relations Today, by Seth Borden, @LRToday

The BELG Blog, by Hirsch Roberts Weinstein, LLP

Additions to the “Up & Coming” Group:

Castronovo & McKinney, LLC, Tom McKinney

Colorado Employer’s Law Blog, Jennifer Gokenbach at Ogeltree Deakins

Employment and Labor Insider, Robin Shea, Constangy Brooks & Smith

*    *    *   *

The “Rules”

First, employee- and employer- side blogs were eligible, as they have been in the past.  And you’ll notice that some excellent employee–side blogs have made it into the list. 

Second, I did include Canadian blogs but made the standard a bit higher for our blogging brothers and sisters to the North so as to keep the list as U.S. focused as possible.

Third, and this was the hardest, I only included blogs that have posted in the last two months. There were some blogs that I really wanted to include that had not posted since the summer.  So, to be fair, I excluded them from the list–this year only, of course–they’re eligible now to be included next year. 

And, fourth, I only included blogs written by lawyers, legal professionals, or from a legal perspective.  Non-lawyer consultants account for less than 10 of the blogs on this year’s list and each of those write consistently on legal issues. 

The Importance of Sharing (i.e., What the “Groups” Mean)

This year, I also decided to take a stand on something that drives me slightly buggy–blogs without blogrolls.  I’ll be honest, I think it’s a little selfish.  Ok, so there, I said it.  I think it’s selfish for a blogger to ignore the community that is the blogosphere by not recognizing his or her fellow bloggers via a blogroll.  I do realize that the decision often belongs to the firm and not the individual blogger–some firms are reoffenders in this department–and so I don’t want to place all the blamed with just the blogger.  Which is why I didn’t make having a blogroll a criteria for inclusion.  Well, that, and I wouldn’t have even close to 100 blogs!

So, what you’ll see below is the list of the top 100 (plus a few), separated into 3 groups.  The first group includes blogs that have a blogroll that includes DELB.  The second group has a blogroll that, in my opinion, is missing one (namely, us!).  And the third group includes those blogs that, for whatever reason, don’t have a blogroll. 

And, one last thing.  I wanted the list to be as readable as possible but, at the same time, wanted to give readers the name of the blog author and firm and, where applicable, the author’s Twitter handle. But that was just too much information to put on a single (readable) page.  So, as a compromise, I’ve listed the name of the blogs below, which are hyperlinked to the blogs themselves.  Then, I’ve attached a spreadsheet (pdf) containing all of the data, including the blog name, author name (hyperlinked to their Twitter handle if available), and the firm name. 

Up & Coming

There are 4 blogs I that I thought worthy of mention but that have not been around long enough to make the official Top 100.  For those long-time readers of The Word on Employment Law, don’t be confused that I have that listed in this category.  Many of you may know that our beloved John Phillips, Jr., accepted an in-house counsel position earlier this year and that his former colleagues have stepped into the role of blogger at The Word.  So, although the blog itself is hardly new, without John’s voice, it is certain to be a different, albeit surely wonderful, blog.

Didn’t Make This Year’s List?

If you’re not on the list, don’t be shy–leave your blog’s info as a comment.  I’ll add it to my feed reader and hopefully add it to next year’s list. 

And One Last Thing. . .


If you haven’t already voted in this year’s ABA Journal’s Top 100 Blawgs, there’s still time left.  You’ll find all five of the honorees in the In Labor category, including Delaware Employment Law Blog, on the Top 100 Employment Law Blog list.


So be sure to jump over to the ABA Journal, register, and vote for your favorite–particularly if your favorite is us! 

Congratulations to all 100 of this year’s best employment law blogs!

Congratulations All Around

I am pleased to announce that the Editors of the ABA Journal have again selected Delaware Employment Law Blog as one of the top 100 best law blogs. imageThe recognition means a lot to us–almost as much as the recognition that our readers show us each time they read our humble blog.  Readers are being asked to vote for their favorites in any (or all) of the 12 categories–DELB is one of five blogs in the “In Labor” category. 

We are in excellent company this year, to be sure.   To vote, please visit The 2010 ABA Journal Blawg 100. You do need to register to be able to vote but registration is free. If you are already registered, all you have to do is sign in and vote. Voting ends at close of business on December 30, 2010.

Although we do greatly appreciate each and every vote, we are most appreciative for those of you who so loyally visit our blog, share your thoughts and comments, and work hard year round to improve workplaces everywhere.  Thank you for your support!

Employers and Health-Care Reform

In the U.S., about half of the people who have health insurance get it through employment. (The others who have insurance get it from the government, through programs such as workers’ compensation, Medicare, Medicaid, and the Veterans Administration). The reliance health insurance costsin the U.S. on employment-related health insurance is very different from what happens in other industrialized countries, according to this interesting article by Princeton economics professor Uwe Reinhardt.

Most people don’t know that the dominance of employment-based health care insurance was not planned; instead, according to Professor Reinhardt, it was the result of efforts to evade World War II wage controls. Members of the armed services weren’t paid much, so Congress decided that civilian pay should also be kept low. A gaping loophole in the wage control legislation was the failure to include employer-paid fringe benefits in wages, and Congress also allowed companies to deduct the cost of their contributions to health insurance premiums from their taxes. Employment-based health insurance took off. Things have changed since then, and one writer recently argued that employer-based health care is dying.

Continue reading

What All Employers Can Learn from Gordon Ramsay

Employment law lessons can be found everywhere.  As winter slogs on, I have been spending more time indoors.  For me, more time indoors means more time watching TV.  One show that I have discovered is Kitchen Nightmares, in which chef Gordon Ramsay helps failing restaurants. 

The shows follow a predictable pattern.  As the show opens, Ramsay meets a proud, yet clueless owner and places an order. The food is always horrible.  Gordon then tours a filthy kitchen and meets the a hapless kitchen staff led by a despondent chef.

Chef Ramsay’s recipe for turning around a restaurant can be used by virtually any employer.

First, he carefully reviews the strengths and weaknesses of the restaurant.  He then delivers his findings to the owners in a direct, expletive strewn, way.  Interestingly, they usually know about most of the weaknesses, but have failed to address them. They are paralyzed with fear that making changes will make a bad situation worse.  Of course, their failure to act simply accelerates the restaurant’s decline.  Ramsay convinces them that their approach is a fool’s game, since without change the restaurant will ultimately disappear.

Second, he demands that the owner be an effective leader.  In each of episodes, the owner is new to the restaurant business. This lack of experience leads to either indecisiveness or arrogance.  Both approaches fail.  The indecisive owner is ignored.  While the arrogant leader is sabotaged.  Ramsay counsels a middle ground where the owner listens to the staff while imposing consequences for failure to follow directives. image

Third, he orders a complete cleaning of the kitchen.  To Gordon, the filth is a symptom of a staff without pride.  Where necessary, he orders new equipment to ensure that the staff can actually produce food in a safe manner. 

Fourth, Ramsay simplifies the menu.  In virtually every restaurant, the menu is bloated with dozens of appetizers, entries, and desserts– all done poorly.  Ramsay’s approach is develop a single theme for the restaurant which customers can understand.  All other items, are eliminated.  The restaurant can then focus on a “core competency.”

Fifth, the smaller menu also allows Ramsay to train the kitchen staff on the proper preparation of each item.  To often, the kitchen staff is a “jack of all trades, master of none.”  The trained staff leads to better prepared dishes which lead to praise from customers which lead to a more motivated staff.

And, sixth, he demands communication in the kitchen. To often, the chef mumbles the orders as they come in.  The staff fails to acknowledge the orders and they go their separate ways.  As a result, the orders become hopelessly backed up due to preparation errors and poor timing.

In these tough economic times, employers should take stock of Ramsey’s ideas.  Access strengths and weaknesses. Deal with problems now.  Listen to employees. Discipline when necessary. Invest in new equipment. Clean up the workplace. Focus on your core business.  Train. Communicate.

Bon Appétit.