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American Bar Association


Using Section 337 to Reduce Unfair Competition Once and for All

By Steven E. Adkins

No more whack-a-mole.

Data Breach Litigation Across the Atlantic

By Steven Rubin and Stephen Milne

Requirements and guidelines on either side of the ocean create competing rules and policies.

Creating an Inclusive Workplace for LGBT Employees

By Elizabeth Joiner and Angelique Lyons

The courts and the EEOC have provided examples of scenarios that may be considered gender identity or sexual orientation discrimination.

Food and Beverage Class Actions: Trends and Potential Developments

By Sascha Henry and Robin Achen

Two Ninth Circuit cases could significantly alter the way these claims are litigated.

Incorporating Social Media into Your Data Collection and Retention Policies

By Ashley A. Smith

Businesses must be prepared to collect data from sources other than their own servers.

Employer Anti-Poaching Agreements: A Tale of Disney Legal Troubles

By Jeana Goosmann

A look at the implications for employee contracts, recruitment, internal records, and litigation costs.

The Role of In-House Counsel in the Sound Administration of Justice

By Frédéric Pérodeau

How in-house counsel can promote judicial efficiency and accessibility.

California's New E-Competence Rule

By Lisa Sherman, Benjamin Rose, and Jim Carden

Even carefully crafted legal hold and preservation letters to custodian employees are insufficient defenses where relevant evidence goes missing.

Keys to Compliance: Practical Antitrust Issues Involving Trade Associations

By Matthew J. Bester and Creighton J. Macy

A guide to antitrust issues, concerns, and considerations to be addressed before an executive in your company attends a trade association meeting.

What Should You Consider if You Plan to Negotiate By Email?

By Joan Sterns Johnsen

Guidance on best practices for email communications.

How to Use the Rule 26(f) Conference to Avoid Data Dumps

By Kelly A. Frye

Courts have uniformly disapproved litigators drowning opposing counsel in useless data.

The Nuts and Bolts of Your First Investigation

By Justin L. Heather

An overview for young lawyers of the differences between litigation and investigations.

Reinventing Witness Preparation

By Kenneth R. Berman

Before we give the standard instructions to another witness, we need to think about how slavishly adhering to them can harm our cases.

How Lawyers Can Be the Most Effective Advocates in a Mediation

By Leslie A. Berkoff

The proper steps to help best prepare the mediator, the other side, and your client for the process.

Whether to Opt Out of Antitrust Class Actions: A Four-Step Checklist

By Charles H. Samel and Cori Gordon Moore

What is your company's process for deciding whether to opt out of antitrust class actions?

New York Lawmakers Agree on a 10-Year Extension of Brownfield Law

By Steven C. Russo and Robert M. Rosenthal

Despite the revisions, the New York BCP will continue to provide significant tax incentives to developers seeking to clean up and redevelop contaminated sites.

E-Discovery in Government Investigations: An Introduction

By Adam M. Reich

Basic guidance for attorneys new to counseling clients regarding production of ESI.

In-House Attorney-Client Privilege in the Wake of Crimson Trace

By Bruce Rubin and KC Harding

When the relationship between inside and outside counsel sours, courts have struggled to define which law-firm communications are discoverable by clients.

Federal Removal More Difficult in Actions Brought by State Attorneys General

By Loriann E. Fuhrer

The Supreme Court's decision in Mississippi ex rel. Hood v. AU Optronics Corp. has both immediate and potentially far-reaching, indirect effects.

The Changing Landscape of General Jurisdiction Post-Bauman

By Adam W. Braveman

This decision will have an immense impact on a foreign corporation's amenability to bring suit in U.S courts.

Supreme Court's CAFA Decision Changes Law in Fifth Circuit

By Paul Thibodeaux and Danny Dysart

The Court's decision on CAFA removal of parens patriae mass-action suits and how it impacts future mass-tort litigation.

Effective Discovery Strategies in Class-Action Litigation

By David R. Singh and Gaspard Curioni

Lay the foundation for timely, fair, and cost-efficient resolution of a putative class action.

Strategies for Removal under the Class Action Fairness Act

By Wystan Ackerman

Removal to federal court under CAFA requires swift action.

Navigating CAFA Removal and Remand Strategies

By Jennifer L. Gray

Decisions concerning removal and remand under CAFA have exhibited an interesting dichotomy.

A Brief Guide to Removal

By Matthew M.K. Stein

Removing a case to federal court is a technical and detail-oriented process.

Obtaining Witnesses' Statements in Internal Investigations of Misconduct

By Gerald Morales

What to do when an employee witness does not want to get involved.

Poor Data Management, Obsolete Technology Hinder Financial Crisis Resolution

By David Canfield

A snowball effect of ever-increasing delays.

Liability for Banks for Payday Lending: Risks to Consider

By Kevin F. Meade

Banks acting as ODFIs should be aware of the increased risk and scrutiny they will face.

The California AG's Fight Against Mortgage-Backed Securities

By David R. Singh and Jessica K. Mohr

California's new task force sets its sights on financial institutions.

Can an HOA "Super-Priority" Lien Extinguish a Lender's Deed?

By Robin E. Perkins

Nevada awaits the answer.

Mark Califano of American Express Answers All Our Questions

By Zachary G. Newman

And for only 25,000 membership rewards points.

The Rise of Alternative Fee Arrangements

By Darren VanPuymbrouck and Joshua Kurtzman

Law firms that adapt will thrive, and those that do not will perish.

Litigation Ethics: Representing Corporations and Other Organizational Clients, Part 1 of 3

By Kenneth R. Berman

Lawyers who represent corporations practice in an ethics minefield.

Swipe, Type, Download, Track, and Discriminate: A Look at Big Data

By Erika L. Glenn

Big data is a big area for litigators to monitor.

BYOD Policies: A Litigation Perspective

By Andrew Hinkes

Increased flexibility demands increased security when it comes to mobile devices.

Comcast Corp. v. Behrend: Plot Twists and a Surprise Ending

By David R. Singh and Alison Bain-Lucey

The highly anticipated decision breaks little new ground.

Supreme Court Limits ATS Litigation—But Door Remains Slightly Ajar

By William B. Panlilio and Laurie Strauch Weiss

Some Alien Tort Statute cases that survive Kiobel will be the subject of continued litigation—and corporations remain likely targets.

Corporate Governance: M&A Legal Fee Awards and Proxy Strike Suits

By Koji F. Fukumura and Peter M. Adams

Given the large stakes and compressed timeline of challenged deals, M&A class actions place defendant-companies on the horns of a dilemma.

The Increasing Popularity and Utility of Mediation

By Zachary G. Newman and Yoon-jee Kim

Corporate clients and their counsel have many alternative dispute resolution methods at their disposal.

Corporate Counsel Spotlight: Gary Armstead II

By Windy Bitzer

Insights from associate general counsel for ARCADIS US.

A Guide to Partnering with Outside Litigation Counsel

By Harry Payton

Fundamental guidelines for in-house counsel when litigation strikes.

A Look at the EEOC's Recent Guidance on Background Checks

By Andrée Peart Laney

Can banks exclude based on convictions?

Valuing Litigation: Perspectives on AFAs and Collaboration

By Alex Starkovich

The economic downturn has changed the way companies look at legal fees.

The Risks of Electronic Data Over-Preservation

By Anne Kershaw and Shannon Spangler

It may be costing you millions to save data that is of little to no value.

Can Predictive Coding Save the World?

By Mike Flanagan

The technology is powerful, but the human element is still required.

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

By Lynn S. McCreary and David R. Singh

Expert witnesses and their significant compensation are a fact of modern litigation.

Cutting Litigation Costs Without Compromising Results

By Olivier A. Taillieu

A young lawyer can take several practical steps to save clients money.

Hot Topics and Recent Court Decisions in E-Discovery

By Zachary G. Newman

Courts are becoming increasingly progressive in dealing with ESI.

CDOs: Bankruptcy-Remote, Not Bankruptcy-Proof

By Adam Lavine and Sunny Thompson

In-house counsel should always keep the risk of an involuntary filing in mind.

In-House Litigator Spotlight

By Editors

The committee editors interview Denise Zemore, associate general counsel at UnitedHealthcare.

The Trial of the Hidden Agenda: Part II

By T. Ray Guy

Evidence suggesting an unstated motive is a powerful tool of persuasion.

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.

Interview with the Chief Litigation Counsel for McKesson Technology Solutions

By Yuri Mikulka

Jill Dessalines talks about her role as chief litigation counsel for McKesson Technology Solutions.