Articles

Working With Forensic Accountants to Control Litigation Costs

By Don R. Bays

Use the "phase" approach to keep your costs from spiraling out of control.

The Trial of the Hidden Agenda: Part I

By T. Ray Guy

There are several similarities between the concept of "motive" in criminal law and the "hidden agenda" in civil litigation.

Tuning In with Bob Donohoo, RadioShack’s General Counsel

By Zachary Newman

Donahoo’s responsibilities include legal oversight over the nearly 7,200 retail locations internationally that offer electronic products, accessories, and services.

Using Experts to Expedite Document Review

By Amy Romo-Loomis and Holly Dixon

With electronic discovery and document review playing a significant role in litigation, the search for a more efficient and cost-effective approach to controlling cost and managing cases is paramount.

Enterprise Risk Management: Making It Count

By Carolyn Rosenberg and Carl Krasik

While many in the marketplace may be talking about ERM, organizations that confront the challenges will have a good story to tell, both internally and externally.

Avoiding Lawsuits over False Advertising on the Internet

By Gary L. Beaver

Attorneys specializing in consumer-protection class actions are filing creative pleadings attacking companies for ads that may cost the company millions.

Valuing Litigation: Lessons Learned from Collaboration

By Susan Hackett, Barb Dawson, and Laura Ariane Miller

Leaders of corporate and litigation departments recently rolled up their sleeves and tackled the complex issues surrounding present day concepts of value in litigation.

Practice Tips for Dealing with Brand Misuse in Social Media

By Olivier Taillieu and Raffi Zerounian

Social media's prevalence has altered the manner in which consumers view and make use of brands.

Coverage Preservation vs. Privilege Protection: Two Horns of a Dilemma?

By John Buchanan and Wendy Feng

The tension between litigation defense and insurance pursuit can create a frustrating dilemma.

AT&T Mobility's Impact on Employers' Arbitration Agreements

By Andrée P. Laney

AT&T Mobility demonstrates that employees are legally empowered to bring claims to vindicate their rights.

Asserting and Defending Class Actions in Bankruptcy

By Angela C. Zambrano and Margaret Hope Allen

Claimants in a bankruptcy must file proofs of claim to participate in a reorganization and obtain any consideration from the estate.

In-House Spotlight: All Things In-House at the Auction House

By Zachary G. Newman

Jonathan Olsoff, worldwide director of litigation at Sotheby's and leader in the auction world, discusses his in-house practice.

Alternative Fee Arrangements as an Alternative Billing Model

By Olivier A. Taillieu

New innovations in hourly billing do not always address the core issues that are more ably addressed by alternative fee arrangements.

Supreme Court Denies Class Certification in Wal-Mart Case

By Mercedes Colwin, Diane Krebs, and Brooke A. Schneider

The United States Supreme Court overturned the Ninth Circuit's decision to grant class certification to nearly 1.5 million female Wal-Mart employees.

Preventing a Runaway Arbitration with a Well-Drafted Arbitration Clause

By Patricia C. O'Prey and Gilda R. Turitz

In-house counsel are uniquely positioned to prevent a runaway arbitration by taking steps to shape the process for a future unknown dispute before it arises.

Attending an ABA Event as a First-Timer

By Jonathan Adler

Attending a networking event can be daunting if you don't know anyone.

The Restatement (Third) of the U.S. Law of International Commercial Arbitration in Context

By Randy V. Sabett and Shane M. McGee

The Restatement promises to assist in understanding the complexities of international arbitration.

New FTC Privacy Report: There's More to It than "Do Not Track"

By Randy v. Sabett and Shane M. McGee

The Do Not Track proposal overshadows areas of the report that contain important proposed changes to the current approach to privacy.

Employees Should Be Wary When Using Employer-Owned Devices

By Gavin C. Gaukroger

Employees who use employer-owned devices to communicate with their attorney run the risk that otherwise confidential information may be subject to discovery by the employer.

How Associates Can Enhance Client Service

By Ghillaine A. Reid and Zeenat Basrai

It is more important than ever for junior attorneys to adopt a service and value-oriented approach to the work that they do for clients.

Corporate Preservation Efforts Require More Than "Latchkey" Custodians

By Michelle Greer Galloway and Ruth C. Hauswirth

Judge Scheindlin's opinion in Pension Committee offers a framework for handling electronically stored information in potential or actual litigation.

The Diversity Dilemma: Another Victim of the Bad Economy?

By Lucia E. Coyoca

"The Call to Action" urges general counsels to examine the diversity records of law firms that provide service to their corporations.

Boards of Directors, In-House Counsel, and Corporate Risk Management in a New Era

By Sean O’D. Bosack and Daniel J. Blinka

Following the recent financial crisis, in-house counsel must act as a driving force behind implementing more robust corporate risk management systems.

How to Represent a Corporation Before a Jury in a Weakened Economy

By Joseph J. Ortego and Peter S. Massaro

Recent studies and jury verdicts show that a David-versus-Goliath attitude toward corporations is not as pervasive among the general public as one might think.

Hiring a Small Law Firm versus a Large Law Firm

By Matthew B. Byrne

Hiring the right law firm can save money, produce better results, and lead to a swifter resolution of a given problem.

Winning the "Battle of the Experts" While Keeping Fees under Control

By James W. Quinn and David R. Singh

The outcome of a trial often hinges upon the credibility and communication skills of one or more star expert witnesses.

Controlling the Costs of Defense: The 80 Percent Solution

By Walter C. Greenough

A company faced with repetitive lawsuits arising from a single source must control the costs of judgments and settlements.

Interview with the Senior Counsel for Kraft Foods

By Franz Hardy

Paul McDonald, senior counsel for Kraft Foods, talks about his career transition from outside counsel to in-house.

Business Claims under Little FTC Acts

By Michael C. Gilleran

Business claims under Little FTC Acts have lower and wider standards of liability, apply to more subject matter, and provide more powerful remedies than any other general business claim.