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Dennis M. Kennedy Dennis M. Kennedy
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Tom Mighell Tom Mighell
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Marty Schwimmer Marty Schwimmer
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Ernest Svenson Ernest Svenson
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Denise Howell is a seasoned appellate and intellectual property litigator based in Los Angeles. Denise writes one of the first and most popular law-related blogs, Bag and Baggage, coined the term "blawg" and helped pioneer podcasting for lawyers. Microcontent obsessed since 2001, she is frequently quoted in the media on legal issues involving intellectual property and technology law. "Sound Policy" is Denise's show at IT Conversations, and it's also what she hopes results from the briefs she submits to court. Email Denise at dhowell@gmail.com.

Dennis Kennedy is a computer lawyer and legal technology expert based in St. Louis, Missouri. An award-winning author, a frequent speaker and a widely-read blogger, he has more than 300 publications on legal, technology and Internet topics, many of which are collected in his e-books. Dennis has been described as someone who knows almost every rock song in existence and, more importantly, how they apply to technology and law. Email Dennis at his gmail address.

Tom Mighell is Senior Counsel and Litigation Technology Support Coordinator at Cowles & Thompson in Dallas. He has published the Internet Legal Research Weekly newsletter since 2000 and blogged about the Internet and legal technology at Inter Alia since August of 2002. With Tom's singing, Ernie on guitar and Dennis' encylopedic knowledge of rock music, we may have the beginnings of a good band, if this whole blog thing doesn't work out. Email Tom at tmighell@swbell.net.

Marty Schwimmer left a partnership in the largest trademark practice in the world and founded Schwimmer Mitchell, a full-service IP micro-boutique in Westchester County, New York, where he represents owners of famous and not yet famous trademarks. He founded The Trademark Blog, the first IP law blog and the one with the most pictures. He is the first to come in and the last to leave in his firm. Email Marty at marty@schwimmerlegal.com.

Ernest Svenson practices law with a mid-sized law firm in New Orleans, specializing in business-related lawsuits. Most of his practice takes place in federal court, especially the Eastern District. He is best known for his weblog Ernie the Attorney, which he started as an experiment. Like many experiments it got out of control. Nevertheless, he continues to practice law and, occasionally, to seek enlightenment. Email Ernest at esvenson@gmail.com.
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Between Lawyers provides just-in-time group commentary on the issues raised when technology, culture and the law intersect. We take you behind the firewalls and conference room doors to show you how experienced lawyers deal with these issues and help you prepare for the new challenges we all face. For more, see our introductory post.
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July 14, 2005

How Would You Codify Loyalty?

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Posted by Marty Schwimmer

The term 'loyalty' has been in the news recently as in "Loyalty has long been the most hallowed virtue in the White House of George W. Bush."

Let's assume the CEO of your client came to you and said: "Loyalty has long been the most hallowed virtue in this company and I want you to draft a code of conduct for my officers, providing guidelines as to how an officer executes his or her duties so as to display loyalty to his or her superiors, peers and employees."

So if you were drafting a code of conduct, how would you define loyalty in the context of an organization?

Presumptions in favor of incumbents vis a vis outsiders?

Preferences in favor of incumbents?

Discrimination in favor of incumbents?

Is loyalty always a virtue?

Can loyalty be an over-riding managment principle?

How would you articulate proper limits to loyalty (if you would)?

Comments (2) + TrackBacks (0) | Category: Provocations


COMMENTS

1. Richard Henderson on July 14, 2005 6:45 PM writes...

This is the stupidest request I have ever heard.In reality middle and upper management is dog eat dog.Knifesw are not cutlery but for backstabbing. Loyalty to the corporation in the abstract would mean ratting out all hands including the boss do this once and its sayonara MF.However as a good boy,you would have to dream up pap and fustian platitudes. The real request is to dream up something that the boss can use to cull out potential threats to his status or prospects and one of them might very well be you.

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2. mk on July 15, 2005 1:11 PM writes...

So if you were drafting a code of conduct, how would you define loyalty in the context of an organization?

I wouldn't write out a policy. Like teaching right and wrong, you just can't hand your 13 year old a book and say "here's the rule book."

"Is loyalty always a virtue?"

-- almost always as far as I am concerned. It is not where the person is being asked to lie for me in the context of hiding something he knows I did is either criminally wrong, or borderline wrong. BUT ... if that is the case, loyalty compels the person to approach me first.

A simple " let me get back to you on that" is often not thought of in this context.

In my business, loyalty and well as holding confidences (some say 'secrecy' I say discretion) are paramount. I am successful. I can choose to do business with whom I want. If you are not loyal, not discreet, then there are 1000 people waiting behind you to work for me.

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