The Law Office of W. Andrew Arnold, P.C. News & Resources

Lights, Camera, Law Practice: A Video Introduction

Mar 11, 2010 | Practice of Law

Video contains a little additional insight into people and their personalities and it is ideal for communicating helpful information in short, usable chunks. My practice is set to use video toward both ends. This is video introduction to me and my law practice.

Working Hard For Your Money: Overtime for Salaried Employees

Feb 2, 2010 | Employment Law, FLSA, Overtime, Unpaid wages

It seems only fair if you work long and hard, your paycheck should reflect it. However, more and more employers are paying their employees a salary, which is the same whether the employee works 40 or 45 hours. Is paying an employee a salary the trick to avoiding overtime? Not quite

Reading About Bimbos, iPads and the End of Restraint

Jan 30, 2010 | Book Review, Employment Law, Reading Recommendations

This week’s Blogger At Law reading list: Check out links to articles about Bimbo Bakeries filing the latest inevitable disclosure case, the end of judicial restraint, and the impact of Apple’s iPad on AT&T’s network.

Employment at Will: The Right to Fire You for [Almost] Any Damn Reason They Choose

Jan 15, 2010 | Employment Law

Every employment relationship that does not involve a contract for a stated term (like a contract for one year) is presumed to be “at will.” Employment at will is defined as the ability of either employer and employee to terminate employment for a good reason, bad reason, or no reason at all and at anytime without notice. Are there exceptions? Yes. But not many.

Who You Kiffin? Avoiding the Wrong Lane in Employment Law

Jan 13, 2010 | Practice of Law

The basic lesson is that most employment disputes are preventable, and the Kiffin debacle was certainly avoidable. So, what are the lessons from the Kiffin-Tennessee drama that would have helped Tennessee avoid this mess?

Book Suggestion: Becoming Justice Blackmun

Dec 18, 2009 | Practice of Law

Who was Harry Blackmun? The short answer is that he was an Associate Justice of the United Supreme Court and the...

New Report Raises Serious Concerns about Assisted Living Facilities in SC

Nov 9, 2009 | Practice of Law

No one likes the thought of going to a nursing home, but assisted living facilities seem to provoke much less dread...

Ten Proverbs for Litigators

Sep 19, 2009 | Litigation, Practice of Law

Trying cases is what I think I do best. There are some lessons that I have learned along the way. Twitter helped be shrink them down to 140 characters or less. Here are my top 10.

Workplace Defamation: Walking a Tight Rope

Aug 30, 2009 | Practice of Law

I have tried two defamation cases to a jury verdict, although I have handled many defamation cases (and have a...

Defamation Basics: A good name is as good as gold, but some ain’t worth two cents.

Aug 9, 2009 | Employment Law, Litigation

I had a jury trial a couple of weeks ago in which I represented a small business being sued for defamation. There are two types of defamation: (1) Written defamation, which is called libel; and (2) spoken defamation, which is called slander. My case involved allegations of both libel and slander.

Departure Policies: What Happens if You Are Fired before Your Bonus/Commissions are Paid? Part II

Jul 7, 2009 | Practice of Law

If you are an employee looking to get paid a commission after you have departed your former employer, then Rice v....

Departure Policies: What Happens if You Are Fired before Your Bonus/Commissions are Paid?

Jun 11, 2009 | Employment Law

The SC Courts have considered the question “what happens if you are fired before your bonus/commissions are paid?” Can your employer screw you out of the pay you have earned. It depends. This blog post is the first in a series which considers the issue.

Getting Your (Wages) Due: South Carolina Law Protects Employees’ Right to Get Paid x 3

Jun 4, 2009 | Practice of Law

As the money pie shrinks, some companies decide to cut their employees pay. Less scrupulous companies actually try to...

Book Review: The Great Decision: Jefferson, Adams, Marshall, and the Battle for the Supreme Court

May 31, 2009 | Book Review, Constitutional Law

Last weekend, I read The Great Decision: Jefferson, Adams, Marshall, and the Battle for the Supreme Court, which is a short account of the Supreme Court case, Marbury v. Madison. This book provides a good refresher about an important event in U.S. history as well as interesting factoids about the debates and personalities at the turn of the 19th Century. However, the subject of this book is not just about our past; the role of the Supreme Court continues to be a matter hotly debated. An intelligent discussion about the role of courts and judges in our democracy cannot take place without some understanding of Marbury v. Madison.

E-Mails Can Crack Cases

May 16, 2009 | Employment Law, Litigation

Emails are evidence and can crack cases wide open. Lawyers and clients need to understand technology and its uses in order to be successful in their cases.

Understanding Contingency Fees: Risk and Reward

May 3, 2009 | Litigation, Practice of Law

In many cases, a client can secure legal representation without any out of pocket expense for attorney fees by hiring a lawyer on a contingency fee arrangement. The way a contingency fee works is that a lawyer agrees to be compensated from the proceeds of a settlement and judgment. Usually, the contingency fee is 33% of the “gross amount recovered.” If the case is unsuccessful, the lawyer gets no fee. The contingency fee arrangement which permits a client to fund their case with the anticipated proceeds of success helps many folks have access to justice who otherwise could not afford it. This is a good thing.