Articles

 

Updating Federal Procedures for Removal and Venue

By Thomas A. Gilson

The Federal Courts Jurisdiction and Venue Clarification Act resolves several disagreements and clarifies lingering ambiguities.

A Primer for the Alien Tort Claims Act

By Ashish S. Joshi and Gabriele Neumann

If the Supreme Court overturns Kiobel, corporations could be exposed to liability in U.S. courts for actions that occurred anywhere around the globe.

Evidentiary Challenges to Documents for Trial

By Zachary G. Newman and Anthony Ellis

The foundation for an evidentiary challenge begins with an understanding of the documents that are likely to be introduced at trial.

Staying Private Avoids SEC, but Not All Regulation

By Matthew J. O'Hara

Companies that stay private may avoid making disclosures about themselves to the public, but those that broaden their circle of investors still face significant risk.

E-Discovery: Getting to the Starting Gate

By James Worthington and Mor Wetzler

So much information is electronically stored that it is only a matter of time before e-discovery swallows all of discovery. How do you handle e-discovery at the start of a case?

Bankruptcy 101: Are You Smarter than a 1L?

By Aubrey Colvard

Test your bankruptcy knowledge by answering these questions and finding out if you’re smarter than a first-year law student.

Shareholder Oppression and Enhanced Fiduciary Duties

By David E. Lieberman

Lawyers representing a close corporation are well served to understand the common-law fiduciary duties and statutory rights and obligations in the governing jurisdiction.

Defending Against Breach of Fiduciary Duty in Bankruptcy

By Jeffrey Baddeley

When a company files for bankruptcy, directors and officers can be targets for creditors and their counsel looking for scapegoats.

Revival of the Adverse Domination Doctrine

By Michael White and Nathan Viavant

The death spiral of a corporation or a bank can be a long one, and if the directors work to prop up the institution, the discovery of misconduct may be delayed for years.

Supreme Court Examines the Fiduciary Exception to Privilege

By David Dodds

The Jicarilla decision is instructive as to the applicability and contours of the fiduciary exception to the attorney-client privilege.

The Arbitration of Consumer Unfair Trade Practices Claims

By Peter J. Boyer and Mariah N. Samost

Whether a consumer unfair trade practices claim is litigated or arbitrated can have a significant impact on the manner in which it is investigated and tried.

Civil Relief for Foreign Corrupt Practices Injuries

By Jeremy P. Evans and Andrew R. Booth

In certain narrow circumstances, Section 337 of the Tariff Act of 1930 could offer a company an opportunity to obtain relief in regard to conduct that resulted in an FCPA violation.

The Rise of Unfair and Deceptive Trade Practice Act Claims

By Michael C. Gilleran

Because of their enhanced remedies and their often low standards of proof, Unfair and Deceptive Trade Practice Acts have become a battleground in states that have them.

Use of the FCPA in State-Law Unfair Competition Cases

By Edward W. Little Jr.

There are state and federal civil statutes under which a would-be plaintiff may use a competitor's violation of the FCPA as a predicate act for liability.

When Business Torts Give Rise to Antitrust Liability

By Kevin McCann and Alyse L. Katz

Where the tortious business conduct of a powerful rival causes harm as the result of a disruption of the competitive process, antitrust laws will impose severe sanctions.

Achievable Steps to Discovery Cost Management

By Thom Wisinski and Randy Girouard

There is a tug of war between processing electronic discovery the proper, defensible way and managing discovery costs.

Using Virtual Data Rooms to Your Advantage

By Amy M. Stewart and Meghan E. Bishop

Virtual data rooms are changing the landscape of how corporate transactions are structured and changing the game for deal-related litigation.

Avoiding an Electronic Discovery Disaster with Litigation Holds

By Elizabeth S. Fenton, Diana Rabeh, and Jonathan M. Shapiro

We must advise clients of the triggers for the common-law duty to preserve evidence and assist them in developing practices to ensure that the duty is met when it arises.

Cyber-Defamation: It's Not Just Business as Usual

By Zachary G. Newman and Anthony Ellis

The question of whether a client should initiate a lawsuit for Internet defamation is one that requires careful consideration of the costs and risks.

Effectively Accessing Social Media Websites for Use at Trial

By Travis B. Swearingen

It is inevitable that an important player in your lawsuit will have potentially relevant and thus discoverable information located online.

Preserving Copayments and Deductibles to Contain Healthcare Costs

By Andrew O. Bunn and Wilson D. Antoine

Courts are allowing providers to effectively defraud insurers by allowing them to shirk their obligation to collect copayments.

Liability for Aiding and Abetting Securities Fraud Could Expand

By Edward W. Little Jr. and Peter Antonelli

The economic crisis has provided justification for new state and federal laws and regulations over the financial services industry.

Enhanced Damages for Elderly Victims of Consumer Fraud

By Zachary D. Schorr

The inconsistency in enhancements and penalties for elderly victims from state to state creates incentive for forum-shopping.

Using Contractual Merger Clauses in Defense of Fraud Claims

By Daniel P. Elms

Many courts have dramatically narrowed, or outright rejected, the use of these clauses as a per se defense to fraud claims.

Stomachaches for Food and Beverage Manufacturers Dealing with Recalls

By Carmine R. Zarlenga and Rosina “Nina” Hernández

Manufacturers now face consumer lawsuits alleging fraud, violations of warranty obligations, and false advertising claims predicated solely on economic injury.

Presenting Evidence when Businesses Have Limited Financial Information

By Neil Steinkamp, Gavin J. Fleming Esq., and Jacob Reed

In commercial litigation, a reasonable level of certainty relating to the cause of damages and the damages amount is required for damages to be awarded.

Guidelines for Nonparty E-Discovery under Rule 45

By Gary M. Pappas

Nonparty subpoenas raise the same issues relating to the discovery of ESI as do initial disclosures and requests for production between the litigants.

Little FTC Acts and Statutory Treble Damages-Traps for the Unwary

By Christine Lipsey and Dylan Tuggle

Approximately half of the states permit treble damage recovery, but the state standards for recovery vary significantly.

State Attorney Generals Strong-Arm Mortgage Lenders By Use of State UDAP Statutes

By Shaun K. Ramey and Jennifer M. Miller

By broadly prohibiting deception, rather than confining the prohibition to a closed list of deceptive tactics, states can attack consumer transactions in a variety of settings.

Prove the Value of Your Work for Your Clients and Partners

By David Cannella

Billing may not be a pleasant task, but if you can take the time to detail the specific nature of the work you've performed, you will make the life of your partner easier, demonstrate your value to the client, and—in turn—get more work.

Always Do Your Best Work for Your Partners

By Bart Greenwald

Give your best work to your partners. Your partners are your clients. If you are not giving them your best work, you are not succeeding in your job.

New Associates: Build up Your Goodwill Before Taking Personal Time

By Bart Greenwald

So you are a new associate at your law firm. After a summer clerking and working nine to five, you may be wondering what is expected of you. In a word: everything!

A Marketing Trip Is Not a Second Honeymoon

By Bart Greenwald

Aside from the obvious point that attorneys need to spend time with colleagues from other cities, many attorneys/marketers overlook the fact that sometimes your spouse can be your best asset.

Get Thee to the Library

By Bart Greenwald

In this computer age, I’ve found that young associates are about as likely to do manual research as they are to live of life of celibacy.

Young Lawyers Corner

Reasonableness Standard Versus Business-Judgment Rule

By Mark Nichols

A review of the case law shows three approaches to reviewing the validity of an action challenging the decision of a condominium association’s board of directors.

E-Discovery: Getting to the Starting Gate

By James Worthington and Mor Wetzler

So much information is electronically stored that it is only a matter of time before e-discovery swallows all of discovery. How do you handle e-discovery at the start of a case?

Associate Pushback

The Partners I Want to Work With

By Elizabeth Hyatt

No partner is perfect, and associates quickly learn the types of partners they deal with best.

Keeping Time: The Unbillable Hour

By Elizabeth Hyatt

A wise man once told me that the most important marketing tool a lawyer has is his bill. Yet, associates often have no idea what goes into the process of transmitting billing entries into a final bill.

Share Your Enthusiasm for the Practice of Law with Your Associates

By Elizabeth Hyatt

If Benjamin Franklin were alive today, he would probably say, “in this world nothing is certain but death, taxes and law firm partners complaining that associates don’t bill as many hours as the partners did when they were young.”