Practice Areas Archive
Antitrust Litigation »
LePage's, Cascade Health Solutions, and a Bundle of Confusion
By Jeff JaeckelThe law for bundled discounts is more than just unsettled; it is a mess.
Business Torts »
A Primer on Recovering Lost-Profit Damages
By Zachary G. Newman and Anthony EllisMake the difference between recovering damages and having the claim barred.
Defending Against Breach of Fiduciary Duty in Bankruptcy
By Jeffrey BaddeleyKnow the liabilities when representing a corporate scapegoat.
Children's Rights »
Zero Tolerance for Online Bullying Can Hamper Free Speech
By Frank D. LoMontePanicky legislative responses to cyberbullying can damage as many young lives as they benefit.
Five Mistakes for New Child-Welfare Lawyers to Avoid
By Jennifer BaumUnfortunately your new law license didn't come with a user manual.
Integrating Systems for Children with Disabilities
By Hon. Steven C. Teske and Hon. Brian HuffStudies reveal that approximately 70 percent of incarcerated children have disabilities.
Tips for New Juvenile Defenders
By Robin Walker SterlingThe role of the juvenile defender has evolved to require a complex and challenging skill set.
commercial & business »
A Simpler Solution to Federal Rule 30(b)(6) Depositions
By Joseph W. Hovermill and Jonathan A. SingerMore reasonable methods of discovery may be available.
Using Employees Retained after an Acquisition in Litigation
By Mark R. JacobsYour most valuable source of information must be handled with care.
Are Clawback Agreements Being Used to Their Full Extent?
By Jennifer F. BeltramiClawback orders can reduce parties' concerns over whether their conduct would pass scrutiny under a reasonableness analysis.
Avoiding Lawsuits over Internet False Advertising
By Gary L. BeaverA seemingly insignificant mistake could cost millions.
Preliminary Actions for Companies Facing Securities Litigation
By N. Scott Fletcher and Jefferson T. Michael
SEC formal orders of investigation have more than doubled in the past year.
CAFA Issues Continue to be Debated by Circuit Courts
By Scott T. Schutte and Gabriel A. Crowson
Five years after enactment, two basic, unsettled CAFA issues are hot topics.
Top 10 Tips and Tactics for an Effective Mediation
By Michelle Clardy
Each mediation is unique, and carries a different measure of success.
Construction Litigation »
Avoiding False Claim Allegations in Pricing
By Patrick A. McGeehin and Margie CollinsFollow these tips to reduce exposure under the Federal False Claims Act.
Emerging Risks in the Design and Construction of Green Buildings
By Christopher NutterThe collective impact of new environmental standards has not yet been fully evaluated.
Federal False Claims Act “Corrected and Clarified”
By Michael A. Branca and William W. Thompson Jr.Amendments embedded in FERA expand the circumstances of contractor liability.
Hurry Up and Wait: TROs and Other Emergent Relief
By Aaron P. SilbermanConstruction cases include host of scenarios requiring counsel to leap into action.
Consumer Litigation »
Article III and the Supreme Court's 'Non-Decision' in Edwards
By Whitty Somvichian and Kyle WongThe Court has created lingering uncertainty on the Article III injury requirement in consumer cases.
New Privacy Framework Poses Challenges for Digital Stakeholders
By David S. Almeida and David M. PoellThe Obama administration takes a bold step to secure online privacy for consumers.
Consumer Lawsuits Arising from "Green" Labeling Claims
By C. Kinnier Lastimosa"All natural" may not mean what it used to.
Corporate Counsel »
A Guide to Partnering with Outside Litigation Counsel
By Harry PaytonFundamental guidelines for in-house counsel when litigation strikes.
Hot Topics and Recent Court Decisions in E-Discovery
By Zachary G. NewmanCourts are becoming increasingly progressive in dealing with ESI.
Protecting Your Business and Avoiding Liability in the Face of the H1N1 Virus
By Darryl G. McCallumEmployers must be ready to address the impact of the H1N1 virus on the workplace.
Double Damages Ordered for Unlawful FMLA Firing
By Randi Klein HyattFMLA enforcement makes employers think twice before terminating employees.
Best Practices for Avoiding Post-Production Chaos
By Michael Wyatt
With ESI, lack of planning can render discovery efforts worthless.
Protecting the Natural Cost Advantages of Arbitration
By Mitchell L. MarinelloDepending on strategy, arbitration can be economical or costly.
criminal litigation »
Best Practices for Advising Clients on Cyber-Security
By Amanda Marie Baer and Kenneth C. PickeringChecklists for guarding against and responding to a data breach.
The Pitfalls of Parallel Proceedings
By D. Grayson Yeargin and Lindsey M. NelsonThe safest path through one investigation may lead to a dead end in another.
Handling Your First Federal Bail Application
By Elliot J. Blumenthal
Tips for young lawyers on the proper steps involved in a federal bail application.
What to Do When Your Employee Has Been Talking to the Government
By John T. Graff and John T. McInnes
Employee leaks to government investigators present unique challenges to companies and defense counsel.
Irizarry and Rule 32(h): Be Ready for Anything
By Elliot J. Blumenthal
Supreme Court addresses aspect of sentencing that had been subject of split among circuits.
employment & labor relations »
EEOC Issues Final Rule on Disparate Impact and RFOAs
By James C. BaileyThe rule codifies Supreme Court holdings and offers guidance on applying the defense.
Misappropriating Data to Further a Claim—Theft or Protected Conduct?
By Kevin J. O'ConnorThere is an increasing risk that an employee pursuing an employment claim will gain access to sensitive data, either legally or illegally, and turn it over to counsel for use in the litigation.
What I Learned at the Movies
By Alan L. RupeMovies and realism don't necessarily coincide, but several films offer valuable insight for legal professionals.
Supreme Court Rewrites Employment Standards
By Lou Michels
"Pro-employer" decisions sharply redefine procedure for discrimination lawsuits.
energy litigation »
Five Things New Oil and Gas Attorneys Should Know
By Rebecca L. PhillipsFind out what you need to know to navigate the new legal regimes of oil and gas production.
Spent Nuclear Fuel and the U.S. Response to Fukushima
By Kimbery Reome and Krista HaleyThe United States has a long history of political, regulatory, and legal challenges in dealing with spent nuclear fuel.
Environmental Litigation »
Bernstein v. Bankert: CERCLA Claims by Settling Parties
By Bina JoshiThe decision potentially leads to even greater confusion than before.
Good-Bye to Joint and Several Liability in Private CERCLA Actions
By Kenneth KilbertWho is responsible for paying orphan shares?
Sackett at the Supreme Court: A Win for Agency-Regulated Entities
By J. Elizabeth PooleThe EPA loses a battle on enforcement actions under the Clean Water Act.
A Litigator's Guide to Working with E-Discovery Consultants
By Matthew PrewittA professional consultant can take the fear and loathing out of e-discovery.
Get Ready for a New Era of EPA Enforcement
By Eric AndreasIncrease in National Enforcement Priorities proves EPA is “back on the job.”
Ethics & Professionalism »
Duties of Local Counsel: More Expansive Than You Think?
By Stephen L. MilesDon't be held responsible for the mistakes of national counsel.
Health Law Litigation »
Affordable Care Act's Impact on Life Sciences
By Matthew P. Amodeo, Jennifer R. Breuer, Anna Schwamlein Howard, and Robyn S. ShapiroThe Supreme Court’sdecision may cost the manufacturing sector billions over the next decade.
Intellectual Property »
You Can't Say That on Facebook . . . or Can You?
By Amy E. DavisDo's and don'ts for implementing a sound social-media policy.
Inter Partes Review: The New Markman Hearing?
By Robert M. AsherThere may be a new defining moment in patent litigations.
Copyright Misuse: An Overview
By George CarrThe affirmative defense of “copyright misuse” has been clarified and broadly recognized.
Exergen: A Clarification to Pleading Inequitable Conduct
By Holly S. Hawkins and Labriah LeeFederal Circuit used Exergen to heighten requirements for inequitable conduct defense.
Tutorials in Patent Litigation: Educating District Court Judges
By Jeffrey L. Snow and Andrea B. ReedDistrict court judges must be proficient in terminology, theories to perform their duties.
International Litigation »
Limiting Extraterritoriality Beyond Securities Laws
By Alan Brudner, Stephen Trigg, and Mor WetzlerThe effects of Morrison can be felt in other areas of law, particularly in RICO cases.
LGBT Litigator »
Reality Check: Combating Implicit Bias
By J. Dalton CoursonLGBT attorneys remain a rarity in the profession. One reason may be unconscious discrimination.
Title IX Liability for Anti-Gay Bullying
By J. Dalton Courson and Abigayle C. Farris$800,000 verdict may push schools to address the issue.
Mass Torts »
New Act Clarifies Process for Diversity Cases with Multiple Defendants
By Marie E. Chafe and Peter M. DurneyLater-served defendants no longer bound by the choices of earlier-served defendant.
A Pilot Program for Complex Litigation
By Kristofer S. RiddleThe SDNY takes steps to stem unwieldy case-management issues.
Preparing a Rule 30(b)(6) Representative for Deposition
By Bailey Smith
Rule 30(b)(6) representatives play an important role in ensuring a favorable outcome.
Critical Tips for Taking Your First Witness at Trial
By David Grenardo
To gain experience in a competitive environment, junior attorneys must seek out trial opportunities.
On the Deposition Trail: Tips and Observations from a Young Lawyer
By Matthew Moeller
Navigating the process of taking depositions to achieve the best results for your client.
So It Turns Out I’m a Senior Associate . . .
By Harley V. Ratliff
Surely I have more wisdom to offer than just "achieve goodwill through doughnuts."
Plaintiffs' CAFA Jurisdiction Argument Rejected
By Scott Kaiser and Aaron Kirkland
Post-removal events do not deprive federal courts of subject matter jurisdiction.
Minority Trial Lawyer »
Voter ID Laws and the 2012 Election
By Brian L. JosiasNew voter registration and ID laws will likely have a dramatic impact on the presidential election.
Are You Partner Material?
By Anna D. TorresSingle-handedly slaying a lion would be a more straightforward endeavor.
Can Social Media Be Banned from Playing a Role in Our Judicial System?
By Denise ZamoreJurors’ use of the Internet and social media may affect the outcome of a trial.
Making the Business Case: Flexible Work Arrangements
By Shayana Boyd DavisCreate a proposal when approaching your employer with a request for a flexible work arrangement.
Diversity Summit 2009: Achieving Diversity in the Profession
By Deidrie BuchananTo achieve diversity in the legal profession, efforts need to be directed at the pipelines.
Affinity Groups in Large Law Firms: What to Consider
By Sandra S. YamateGroups that might thrive in a corporate environment could sabotage firm diversity.
DOJ Reaches Beyond U.S. Borders
By Kristal BowenBoarder control measures expanded to prosecute foreign corporations and individuals violating U.S. laws.
products liability »
Assessing Litigation Risks Before It's Too Late
By Lori B. LeskinAct now to avoid "woulda-coulda-shoulda" scenarios.
The CPSIA and Social Media Make Product Issues Public
By Jennifer TaggartCompanies must monitor social media for product liability issues, not just brand awareness.
Pro Bono & Public Interest »
Pro Bono Attorneys Help Bridge Gap in Forecloure Defense Cases
By Margaret Lambe JurowThe mortgage crisis has given valuable experience to pro bono lawyers.
professional liability »
A Dangerous New Twist in the Tripartite Relationship
By Karen Painter RandallThe litigation privilege may not necessarily protect an attorney from malpractice claims.
50-State Survey of Legal Malpractice Law
A collection of state-by-state articles addressing issues common to claims against lawyers.
Real Estate Litigation »
A Cross-Examiner's Primer: The Real Estate Appraisal Expert
By Kevin H. BroganAnalyze the appraiser's testimony and learn how to undermine those opinions of value.
Securities »
Litigating Customer Claims Outside the Firm-Client Relationship
By Sandra D. Grannum and Joshua D. JonesCourts analyze FINRA rules in arbitration between firms and clients.
FINRA Examinations: Priorities and Best Practices
By Diana C. Campbell Miller and David G. BuffaThe manner in which firms plan for and work with FINRA's examiners can drastically affect the entire process.
The SEC's Public Focus on Private Equity
By Zesara C. ChanA regulatory floodlight shines on the asset-management industry.
The Effects of Wal-Mart v. Dukes on Class Certification
By Robert H. Bell and Thomas G. Haskins Jr.The Supreme Court's landmark decision has already begun impacting class-certification decisions in securities-fraud class actions, in three distinct ways.
Subpoenas from Federal Agencies: Will FRE 502(d) Protect Privilege?
By Laura D. CullisonRule 502(d) provides the opportunity for novel approaches to maintaining privilege.
Get Your Priorities Straight to Maximize Your D&O Coverage
By John C. TannerAvoid unanticipated results from the priority-of-payments provision in your D&O coverage.
High Court Review of Mutual Fund Case Likely
By Lea Anne Copenhefer, Steven R. HowardPanel decision suggests reduction of fiduciary duty standards for mutual fund advisory fees.
Surviving Your First OTR
By Pete S. MichaelsThe dos and don’ts of client behavior are critical in securities regulatory proceedings.
Solo & Small Firm »
A Recent Graduate's Toolbox for Building a Law Practice
By Sofia S. LingosWith the right tools and a good plan, starting your own firm is like building a house.
Woman Advocate »
Do I Look Fat in This Profession? Escaping Gender Bias in ADR
By Victoria PynchonTo be viewed as hardnosed, pragmatic business neutrals, we need to quite publicly walk the walk and talk the talk.
How to Launch and Grow a Successful Litigation Firm
By Francine Friedman GriesingAssert control over your professional path.
Who Makes the Best Mentors for Female Associates?
By Holly J. ClementeChoosing the right mentor can make all the difference in your career.
Counsel Collaboration Maximizes Results in Mediation
By Gilda R. Turitz
ADR is a flexible alternative and can be customized to the parties' particular needs.
Is Diversity a Victim of the Weak Economy?
By Stephanie R. Renner
A commitment to diversity in the workplace is imperative in the current economic environment.
Leveraging Your Network: What to Do with All Those Business Cards
By Mary-Christine (M.C.) Sungaila
Update and organize your professional contacts to build a network that will grow your business.
Transparency In Troubled Times: Communication for Law-Firm Leaders
By Margaret Lockhart
Firms lacking clear communication risk losing attorneys or staff they want to keep.
Navigating New Waters: Working with a Legal Secretary
By Larry Coles and Carly AlamedaEffective communication, mutual respect are critical in forging successful working relationship.
RFP Response and Your Business Development Plan
By Carmelite M. Bertaut and Cheryl A. LeeVanWhile stressful, RFPs help establish important connections.
Young Advocates »
Advice for Young Lawyers: Becoming an Expert on Experts
By George Abele and Adam ReichEverything you need to know about handling expert witnesses.
How to Deal with Difficult and More Senior Opposing Counsel
By Stephanie McCoy LoquvamAttorneys offer valuable tips for overcoming the experience gap.
The Supreme Court Takes on the Widely Challenged PPACA
By Tanya FalleiroSince it was signed into law, the act has been extensivley contested. Many states, organizations, and even individuals have filed a variety of actions challenging the constitutionality of PPACA.




