Wayne N. Outten and Laurence S. Moy; Senior Editor, Arthur Feliu, Editor-in-Chief, Bloomberg BNA Books, 2015
New Laws Expand Whistleblower Protections
Wayne N. Outten and Cara E. Greene, Employment Law Strategist, November 2011.
Representing the Executive
Wayne N. Outten, Chapter 16 in Executive Compensation, BNA Books, 2002 and 2011.
Jumping Ship (and Taking the Crew): Can Law Firm Partners Solicit Their Firm’s Employees?
Wayne N. Outten and Cara E. Greene, Law Firm Partnership & Benefits Report, June 2007
Counseling Multinational Employees: Their Rights And Remedies Under US Law
This article by Outten & Golden partner Wendi S. Lazar sketches a map through the convoluted terrain of representing multinational and expatriate employees. Simply determining whether there may be a cause of action can require careful parsing of the laws of multiple jurisdictions and the employer's corporate structure as well as the usual inquiries into the employee's and employer's conduct and relevant contracts. Using a case study of one employee's circumstances and potential legal claims, Lazar outlines the important issues an attorney must resolve in order to best counsel a client. (2006, with significant contributions from Wayne Outten and Anjana Samant.)
Working with the Equal Employment Opportunity Commission
Wayne N. Outten and Piper Hoffman, Employee Rights and Employment Policy Journal, Vol 10, No. 2, Winter 2006.
Clients: To Whom Do They Belong?
Employment attorney, Wayne N. Outten, with Douglas C. James, discusses the ethical obligations of law firms and departing partners and how they must handle this situation in a way that is consistent with the principle of client choice. This article originally appeared in Law Journal Newsletters' Law Firm Partnership & Benefits Report, September 2004. For more information, visit www.ljnonline.com.
The answer is, nobody.
When a partner leaves a law firm, the parties have to allocate various partnership rights, assets, and other interests. They may allocate most of these interests in any way that they choose. They may not, however, allocate clients, perhaps the most valuable of partnership “assets.” The client alone decides whether to remain a client of the firm, to leave with the departing partner, or to choose another attorney. Law firms and departing partners have an ethical obligation to handle these situations in a way that is consistent with the principle of client choice.