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Access to Justice »

Urban Educational Inequalities: Why the Growing Concern?

By Darryl Irizarry Jr.

Are these students being prepared for college or the penitentiary?


How Junior Associates Can Make Working for Free Pay Dividends

By Nikaela Jacko Redd

There are many noble as well as practical reasons why an attorney may engage in pro bono work.


Educating Homeless Youth

By Farrah Champagne

Homeless youth need stable housing and continuous support services to succeed.


Pro Bono Attorneys Help Bridge Gap in Forecloure Defense Cases

By Margaret Lambe Jurow

The mortgage crisis has given valuable experience to pro bono lawyers.


Antitrust Litigation »

LePage's, Cascade Health Solutions, and a Bundle of Confusion

By Jeff Jaeckel

The law for bundled discounts is more than just unsettled; it is a mess.


Bankruptcy & Insolvency Litigation »

Compelling Arbitration in an Adversary Proceeding

By Laurance J. Warco

More and more bankruptcy and district courts have compelled arbitration against debtors or their trustees.


Business Torts & Unfair Competition »

The Talk about Shell Companies

By Emily Lehmberg

The Panama Papers leak has brought attention to the role of lawyers in moving money offshore.


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.


How to Respond to Trade Secret Theft: The First 48 Hours

By Ryan M. Billings

Be prepared to take full advantage of what unfolds.


Cyber-Defamation: What Is It and How Should Businesses Respond?

By Thomas J. Mew IV

A primer on defining and dealing with Internet attacks.


Standardizing Efficiencies in Business Litigation

By Heath J. Szymczak

Litigators can distinguish themselves with practical, cost-saving litigation techniques.


A Primer on Recovering Lost-Profit Damages

By Zachary G. Newman and Anthony Ellis

Make the difference between recovering damages and having the claim barred.


Defending Against Breach of Fiduciary Duty in Bankruptcy

By Jeffrey Baddeley

Know the liabilities when representing a corporate scapegoat.

 

Children's Rights »

Should Juveniles Be Charged as Adults in the Criminal Justice System?

By Nicole Scialabba

Results of "tough on crime" policies demonstrate that they have failed.


Teaming Up for Homeless Youth

By Dieter Schmitz and Jaclyn Pampel

A resource to answer the wide range of legal questions faced by homeless youth.


Better Outcomes for Older Youth of Color in Foster Care

By Martha L. Raimon, Kristen Weber, and Amelia Esenstad

Professionals and advocates need to know about and attend to these three critical areas.


Social Media: Children's Lawyer's Friend and Foe

By Jennifer Baum and Sarah N. Fox

Attorneys must familiarize themselves with the basics and risks of social media.


Are Charter Schools Upholding Student Rights?

By Rosa K. Hirji

The Scott B. and Lindsey decisions may encourage charter schools to push certain students out.


Say What? Translating Courtroom Colloquies for Youth

By Rosa Peralta

The legalese that gets flung around in youth courts often goes right over kids' heads.


Zero Tolerance for Online Bullying Can Hamper Free Speech

By Frank D. LoMonte

Panicky legislative responses to cyberbullying can damage as many young lives as they benefit.


Five Mistakes for New Child-Welfare Lawyers to Avoid

By Jennifer Baum

Unfortunately 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 Huff

Studies reveal that approximately 70 percent of incarcerated children have disabilities.

 

Tips for New Juvenile Defenders

By Robin Walker Sterling

The role of the juvenile defender has evolved to require a complex and challenging skill set.


Civil Rights »

OFCCP Issues First Updates to Sex Discrimination Guidelines Since 1970

By David Gevertz

The updates address compensation discrimination, harassment, accommodations for pregnant workers, gender-identity bias, and family caregiving responsibilities, and more.


Good Stop/Bad Stop (and Frisk)

By O. Andrew F. Wilson

Moving past arguments that artificially pit pragmatism against idealism.


commercial & business Litigation »

Why Diversity on the Federal Bench Matters

By Andrea C. Kramer

Substantive, symbolic, and legitimacy reasons for a racially and gender-varied judiciary.


The Death of Merger Litigation?

By Donald H. Tucker Jr. and Clifton L. Brinson

Recent Delaware decisions and novel corporate bylaws may rein in—but won't eliminate—merger lawsuits.


Defending Banks from Civil Money Penalties

By Kevin J. Handly

Be on the watch for early warning signs and proactive in addressing and disarming bank examiners' concerns.


Protecting Draft Expert Reports from Discovery

By John M. Barkett

Expert notes and communications not independently protected as attorney work product might not be shielded.


The Art of Writing a Persuasive Fact Section

By Emily Ambrose

A well-written work can sway a judge's mind in favor of your legal argument before the argument is even made.


Ethics and Social Media

By Angela M. Scafuri

Be mindful of these ethical and professional responsibility considerations.


Tips for Young Lawyers at Mediation

By Celeste R. Coco-Ewing and Maria-Vittoria "Giugi" Carminati

Use this checklist to prepare.


Supreme Court Strengthens Forum-Selection Clauses

By Bradford S. Babbitt

These clauses should be enforced in all but "the most exceptional cases."


Three Years Later: Examining the Rule 26 Amendments

By Maria-Vittoria G. Carminati

There's an elephant in that rising fog! A look at the lingering questions.


A Simpler Solution to Federal Rule 30(b)(6) Depositions

By Joseph W. Hovermill and Jonathan A. Singer

More reasonable methods of discovery may be available.


Using Employees Retained after an Acquisition in Litigation

By Mark R. Jacobs

Your most valuable source of information must be handled with care.


Are Clawback Agreements Being Used to Their Full Extent?

By Jennifer F. Beltrami

Clawback 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. Beaver

A 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 Collins

Follow these tips to reduce exposure under the Federal False Claims Act.


Emerging Risks in the Design and Construction of Green Buildings

By Christopher Nutter

The 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. Silberman

Construction cases include host of scenarios requiring counsel to leap into action.


Consumer Litigation »

Financial Fraud Enforcement Task Force Has Ambitious Agenda

By Benjamin P. Saul

Institutions are wise to focus on the task force's recent enforcement priorities.


Article III and the Supreme Court's 'Non-Decision' in Edwards

By Whitty Somvichian and Kyle Wong

The 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. Poell

The 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 »

The Next Big Hacking Target: Law Firms

By Steven S. McNew and Preston Fischer

A guide to considerations lawyers and law firms should make to protect against cyber attacks.


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.


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.


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.


BYOD Policies: A Litigation Perspective

By Andrew Hinkes

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


A Guide to Partnering with Outside Litigation Counsel

By Harry Payton

Fundamental guidelines for in-house counsel when litigation strikes.


Hot Topics and Recent Court Decisions in E-Discovery

By Zachary G. Newman

Courts are becoming increasingly progressive in dealing with ESI.


Protecting Your Business and Avoiding Liability in the Face of the H1N1 Virus

By Darryl G. McCallum

Employers must be ready to address the impact of the H1N1 virus on the workplace.

 

Double Damages Ordered for Unlawful FMLA Firing

By Randi Klein Hyatt

FMLA 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. Marinello

Depending on strategy, arbitration can be economical or costly.

 

criminal litigation »

The Rise of Revenge Pornography and Its Damaging Effects

By Farrah Champagne

Sharing of intimate photos online without permission has become increasingly trendy.


Lawful Searches by Bankruptcy Trustees

By Thad Davis and Peter Bach-y-Rita

A growing body of law has expanded the powers of the bankruptcy court to authorize home searches for the discovery of hidden assets or cash.


Indirect Criminal Contempt

By Robert S. Held

One court's disregard for First Amendment rights highlights the need for education on due process requirements for indirect criminal contempt.


Prosecuting Domestic Violence Cases

By Farrah Champagne

An examination of mandatory arrest and no-drop policies in the prosecution of domestic violence cases.


"Equalizing" the Negotiation Process with a Trial-Ready SEC

By Thad A. Davis and Nicola M. Paterson

There are options beyond trial or settlement in the new "broken windows" era.


The Serial Comma in Interpreting Criminal Statutes

By Kele Onyejekwe

The placement of a comma can be critical in a criminal statute.


Foreign Corrupt Practices Act 101

By Felicia C. Quentzel

A basic guide to the provisions of the FCPA and how it is enforced.


The U.S. Sentencing Commission's War on Drugs

By Vadim A. Glozman

Recent amendments to the Federal Sentencing Guidelines will allow courts significant discretion in reducing sentences.


Introducing Email Evidence at Trial

By Ryan Malkin

It is more than likely that emails were sent or received that will assist you at trial.


Conscious Avoidance and Criminal Supervisory Liability

By Joseph W. Martini and Melissa Fernandez

Prosecutors may seek to expand the use of conscious avoidance to hold supervisors liable for an increasing range of criminal liability.


Best Practices for Advising Clients on Cyber-Security

By Amanda Marie Baer and Kenneth C. Pickering

Checklists for guarding against and responding to a data breach.


The Pitfalls of Parallel Proceedings

By D. Grayson Yeargin and Lindsey M. Nelson

The 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.


Diversity & Inclusion »

Six Stark Predictions about Diversity and Inclusion for 2020 and Beyond

By Robert K. Dixon

Diversity efforts in law have been beneficial. But where is the room for improvement?


Diversity in Law: Who Cares?

By Candice A. Garcia-Rodrigo

Why Justice John Roberts' recent implications on diversity in classrooms were wrong.


employment & labor relations Law »

Strategies for Handling FMLA Abuse

By Teresa D. Teare and Shelby S. Skeabeck

Tools that employers can use to ensure that leave is being taken for legitimate reasons.


California's New E-Competence Rule

By Lisa Sherman and Benjamin Rose

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


An Update on Supreme Court Labor and Employment Cases

By Damien Munsinger

A brief breakdown of the top decisions and cases granted certiorari that all labor and employment lawyers should be aware of.


The Impact of Medical Marijuana in the Workplace

By Sarah C. Matt

Medical-marijuana laws are reaching new highs.


Hacking, Wiretapping, and Other Misdeeds as "Protected Activity"

By Kevin J. O'Connor

Disciplinary decisions should be made only with the assistance of qualified legal counsel.


Social Media: Protecting Trade Secrets and Proprietary Information

By Paul Cowie, Bram Hanono, and Dorna Moini

A robust BYOD policy can save you a lot of trouble.


Implementing the Interactive Process under the ADA

By Tiffani L. McDonough

Providing a reasonable accommodation is one of the most important requirements of the ADA.


The Keys to a Healthy Corporate Wellness Program

By Joseph A. Kroeger and Matt P. Milner

Wellness programs can reap benefits for a company and its employees.


EEOC Issues Final Rule on Disparate Impact and RFOAs

By James C. Bailey

The 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'Connor

There 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. Rupe

Movies 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 »

Trying the High-Risk Case for a Corporate Energy Client

By Stephen M. Fernelius

Recommendations for both inside and outside counsel.


Key Tips for Junior Lawyers Practicing Before State Administrative Agencies

By Mark DeMonte

Differences and similarities between litigating before a state administrative agency and litigating before a court.


The Impact of Crude Oil and Natural Gas Market Trends on Litigation

By Bob Broxson, Sonya Kwon, and Julie Carey

The environment of low crude oil prices and other dynamics in unconventional oil and gas plays have increased litigation in this industry.


Five Things You Should Know about the Ohio Dormant Mineral Act

By Ariel Forbes

A guide to the law and court opinions surrounding mineral interests in the state of Ohio.


Serious Procedural Barriers to Fracking Litigation

By Carter F. Thurman and Onika K. Williams

Lone Pine orders, Daubert challenges, and Rule 11 sanctions may stand in the way.


The Contamination of the World's Largest Pollution Judgment

By L. Mark Walker

The $19 billion judgment against Chevron is unraveling.


Five Things New Oil and Gas Attorneys Should Know

By Rebecca L. Phillips

Find 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 Haley

The United States has a long history of political, regulatory, and legal challenges in dealing with spent nuclear fuel.

 

Environmental Litigation »

Waters of the United States: Clarifying the Clean Water Act's Murky Boundaries

By Jane E. Montgomery and Ryan C. Granholm

Will the matter of WOTUS ever be definitively resolved?


How to Speak and Not Speak When the Feds Come Calling

By Solomon L. Wisenberg

A primer for lawyers and their clients on how to handle verbal interactions with law enforcement during a white-collar investigation.


The Courts Move at Lightning Speed Toward a Decision on the EPA's Clean Power Plan

By Aaron M. Flynn

An update on the litigation in the D.C. Circuit and the U.S. Supreme Court.


The Responsible Corporate Officer Killed the LLC

By John R. Bashaw and Mary Mintel Miller

A look at the RCO doctrine through the case law of Connecticut and other states that have adopted similar legal theories.


New Life for Underground Storage Tank Regulation

By Charles M. Denton, Tammy L. Helminski, Amy E. Smith, Michael T. Scanlon, and Kenneth W. Vermeulen

Changes to the federal regulations applicable to USTs may have significant impacts on owners and operators.


Environmental Whistleblowers' Rights

By Allan Kanner

An introduction to the federal protections.


Lawyers Can't Be Luddites

By Bill Kammer

Times have changed, and lawyers must adapt their technology practices.


Sackett v. EPA: Shifting the Administrative Calculus

By Kenneth Anspach

Comparing the U.S. EPA's and Illinois EPA's approaches to judicial review of compliance orders.


Bernstein v. Bankert: CERCLA Claims by Settling Parties

By Bina Joshi

The decision potentially leads to even greater confusion than before.


Good-Bye to Joint and Several Liability in Private CERCLA Actions

By Kenneth Kilbert

Who is responsible for paying orphan shares?


Sackett at the Supreme Court: A Win for Agency-Regulated Entities

By J. Elizabeth Poole

The EPA loses a battle on enforcement actions under the Clean Water Act.


A Litigator's Guide to Working with E-Discovery Consultants

By Matthew Prewitt

A professional consultant can take the fear and loathing out of e-discovery.


Get Ready for a New Era of EPA Enforcement

By Eric Andreas

Increase in National Enforcement Priorities proves EPA is “back on the job.”

 

Ethics & Professionalism »

New York's Highest Court Clarifies Nonresident Attorney Office Requirement

By Kaitlin J. Kline

After Schoenefeld, New York will presumably, albeit grudgingly, move toward acceptance of VLOs, consistent with the realities of practicing law in a digital age.


Ethics Considerations for Attorneys Serving on Nonprofit Boards

By Dan Ebner

Attorneys are often attractive candidates for nonprofit boards, but serving on a board has risks.


When Breaches of Professionalism Become Sanctionable

By Gregory R. Hanthorn

Courts are beginning to hold attorneys to a higher standard.


Duties of Local Counsel: More Expansive Than You Think?

By Stephen L. Miles

Don't be held responsible for the mistakes of national counsel.


Family Law »

How to Subpoena Amazon to Find an Online Seller's Income

By Taryn R. Zimmerman

When a litigant is self-employed, obtaining a picture of his or her cash flow can be a tedious endeavor.


Health Law Litigation »

Speedy Returns: The 60-Day Rule

By Maura K. Monaghan, Kristin D. Kiehn, Jacob W. Stahl, and Young-Hee Kim

The first and only court decision on the "60-Day Rule" highlights the importance of quickly identifying and repaying Medicare/Medicaid overpayments.


The Growing Threat of Qui Tam Litigation Against Healthcare Providers

By Amandeep S. Sidhu

The ACA ushered in four changes that are favorable to relators and could add risk exposure to providers.


ACA Preemption and How a Missouri Order Will Impact Health Litigation

By John W. Polonis

The ruling may cause state legislators to act cautiously before considering laws designed to obstruct implementation of the ACA.


HIPAA Rule Updated for the First Time since Inception

By Sachin Shah

Patients gain control while negligent providers get stiffer penalties.


Affordable Care Act's Impact on Life Sciences

By Matthew P. Amodeo, Jennifer R. Breuer, Anna Schwamlein Howard, and Robyn S. Shapiro

The Supreme Court’sdecision may cost the manufacturing sector billions over the next decade.


Insurance Coverage »

"Waiving" Goodbye to Coverage Defenses

By Seth M. Friedman and Christopher C. Meeks

An analysis of the state of the law concerning denials of coverage and the recent expansion of the waiver doctrine in Georgia.


Intellectual Property »

The Important Things Have Not Changed

By Brad Lyerla

Reading, thinking, writing, and arguing about the interplay between science and law.


New Life for Underground Storage Tank Regulation

By Kristopher L. Reed and Samantha Picans

Minimize the risk of section 285 sanctions.


Octane and Highmark: One Year Later

By Alison Haddock Hutton and S. Neil Anderson

After the standard for granting and reviewing attorney fee awards was relaxed, data show an increase in successful motions for them.


Unpaid Royalties on Pre-1972 Recordings: Mony Mony!

By Michele M. Riley and Erich Kirr

Owners of pre-1972 recordings may turn to state law to collect unpaid royalties.


Summary Judgment on Copyright Damages: New Guidance

By Mark G. Tratos and Bethany L. Rabe

WrestleMania XXIV sparked an unexpected match: DJ Anthony Dash vs. famed champion boxer Floyd Mayweather Jr.


Protecting Trade Secrets Stored in the Cloud

By Benjamin J. Bradford, Justin A. Maleson, and Michael T. Werner

Steps to take to maintain the secrecy of sensitive information.


You Can't Say That on Facebook . . . or Can You?

By Amy E. Davis

Do's and don'ts for implementing a sound social-media policy.


Inter Partes Review: The New Markman Hearing?

By Robert M. Asher

There may be a new defining moment in patent litigations.


Copyright Misuse: An Overview

By George Carr

The affirmative defense of “copyright misuse” has been clarified and broadly recognized.


Exergen: A Clarification to Pleading Inequitable Conduct

By Holly S. Hawkins and Labriah Lee

Federal 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. Reed

District court judges must be proficient in terminology, theories to perform their duties.


International Litigation »

Has U.S. Intellectual Property Law Reached Too Far?

By Manjit Gill

Expanding U.S. companies wonder if their intellectual property will be adequately protected overseas.


Limiting Extraterritoriality Beyond Securities Laws

By Alan Brudner, Stephen Trigg, and Mor Wetzler

The effects of Morrison can be felt in other areas of law, particularly in RICO cases.


LGBT Litigator »

Challenges to Same-Sex Marriage Bans Succeeding

By Mark T. Hamby

An overview of recent decisions finding same-sex marriages and equality bans unconstitutional.


Excluding Gay Jurors after Windsor

By Shmuel Bushwick

A closer look at GSK v. Abbott and its implications.


Reality Check: Combating Implicit Bias

By J. Dalton Courson

LGBT 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 »

Strategies for Early Dismissal of Meritless Cases

By Maxwell Herman

Why leaving them for the judge to deal with can be a bad idea.


The Plaintiffs' Perspective: Putting the Notion of "Woodshedding" to Rest

By Danielle Gold

Defendants' attempts to restrict communications between plaintiffs' counsel and plaintiffs' physicians remain unsuccessful.


Picking Up the Pieces: Litigating after the Big Daubert Ruling

By Joe Winebrenner and Jeff Wojciechowski

Litigants on both sides of the bar have a variety of options.


How Plaintiffs May Take Advantage of the Federal Rules Changes on Discovery

By Paul D. Rheingold

Some new provisions will aid tort plaintiffs, and other changes that may appear to be impediments to full discovery are likely not to be applied in the manner hoped for by early drafters.


Striking Back—Federal Rule 37(c) and Untimely Expert Reports

By Puja Leekha and Molly E. Flynn

In mass tort trials, surprise often takes the form of untimely expert reports.


Are Juries Really Such a Wildcard Compared with Judges?

By Leslie Ellis

Judges are people, too.


An Update on Supreme Court Labor and Employment Cases

By Damien Munsinger

A brief breakdown of the top decisions and cases granted certiorari that all labor and employment lawyers should be aware of.


Peer Review and Beyond—A Deep Dive into the Data

By Cynthia D. Driscoll, Thomas S. Jones, and Charles H. Moellenberg Jr.

Developing the tools to analyze scientific studies critically is essential.


Attempts to Outsmart the FDA Could Lead to Mass Torts

By Deborah L. Shuff

Learn from the mistakes of Valor Medical.


The Every-Exposure Theory Reviewed

By Richard C. Beaulieu

Plaintiffs may be on shaky ground when proving causation of asbestos exposure.


New Act Clarifies Process for Diversity Cases with Multiple Defendants

By Marie E. Chafe and Peter M. Durney

Later-served defendants no longer bound by the choices of earlier-served defendant.


A Pilot Program for Complex Litigation

By Kristofer S. Riddle

The 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 »

Avoiding Pitfalls While Using Social Media in Investigations

By Lily Chinn

Technology is evolving faster than the law can respond.


Beyond Document Review: The Discoverability of Nontraditional Sources

By Katie Askey and Colleen M. Yushchak

Although the e-discovery reference model is a good starting point for addressing structured data, a customized solution may be necessary.


Cross-Examining Snitches

By Carlos F. Gonzalez

Some rules for the road.


Gideon at 50: One Step Forward, Two Steps Back?

By Amanda Fischer and Carissa Byrne Hessick

The full promise of Gideon remains unfulfilled.


Voter ID Laws and the 2012 Election

By Brian L. Josias

New voter registration and ID laws will likely have a dramatic impact on the presidential election.


Are You Partner Material?

By Anna D. Torres

Single-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 Zamore

Jurors’ use of the Internet and social media may affect the outcome of a trial.

 

Making the Business Case: Flexible Work Arrangements

By Shayana Boyd Davis

Create a proposal when approaching your employer with a request for a flexible work arrangement.

 

Diversity Summit 2009: Achieving Diversity in the Profession

By Deidrie Buchanan

To 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. Yamate

Groups that might thrive in a corporate environment could sabotage firm diversity.


DOJ Reaches Beyond U.S. Borders

By Kristal Bowen

Boarder control measures expanded to prosecute foreign corporations and individuals violating U.S. laws.


Privacy & Data Security »

What Companies Need to Know about Current and Proposed Drone Laws

By Amanda Fitzsimmons and Monica D. Scott

As the devices become more prevalent, they often (literally) collide with a world not quite ready for their arrival.


products liability »

The Internet of Things: "The Next Big Thing" for Products Litigation

By Samuel L. Felker

The brave new world of the IoT across several product lines—home devices, automobiles, and medical devices.


Pump the Brakes: Driverless Cars and Assignment of Fault

By Bojan Manojlovic

Is our current legal framework ready for the challenges of this new technology?


How to Correctly Approach Independent Medical Exams

By Heidi Oertle and Shawna Boothe

Who may conduct the exam and whether the attorney may be present varies among the states.


Comcast v. Behrend: Was It Really a Boon for Defense Attorneys?

By Jenny A. Mendelsohn

The Comcast decision may come to be seen as a hollow "victory."


Inside the Learned Intermediary Doctrine

By Chris A. Johnson, Alicia J. Donahue, and Paula Sarti

Exploring the exception for direct-to-consumer advertising.


Assessing Litigation Risks Before It's Too Late

By Lori B. Leskin

Act now to avoid "woulda-coulda-shoulda" scenarios.


The CPSIA and Social Media Make Product Issues Public

By Jennifer Taggart

Companies must monitor social media for product liability issues, not just brand awareness.


Professional Services Liability »

The Judicial Error Defense in Legal Malpractice Cases

By Ellen E. Oberwetter and Amy Mason Saharia

A recent Texas Supreme Court decision provides additional ammunition in support of the judicial error defense in legal malpractice cases.


Taking Preventive Care to Avoid Legal-Malpractice Suits

By Saleel V. Sabnis

Recognize malpractice risk and implement prevention procedures.


Protecting Against Cyber-Attacks

By Matthew J. Hafey and Allen G. Haroutounian

How a law firm can defend itself from liability for cyber-security breaches.


Users of LinkedIn, Beware!

By Karen Painter Randall and Steven A. Kroll

Attorneys need to understand the state ethics rules governing lawyer social media.


"Related Acts" Language in Professional Liability Policies

By Kenneth L. Baker and Carl J. Pernicone

One must determine whether the relevant jurisdiction has ruled that the phrase "related to" is ambiguous.


A Dangerous New Twist in the Tripartite Relationship

By Karen Painter Randall

The 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 and Condemnation »

The Best Smartphone Apps for Young Real Estate Attorneys

By Lisa Liebherr

Make your life and job easier with these handy downloads.


Can the City of Los Angeles "Take" the Clippers?

By Anthony F. Della Pelle

Should the taxpayers of the City of Angels be forced to ante up billions of dollars to take a sports team?


A Cross-Examiner's Primer: The Real Estate Appraisal Expert

By Kevin H. Brogan

Analyze the appraiser's testimony and learn how to undermine those opinions of value.


Securities »

Event Studies Using Contemporaneous Forward-Looking Information

By Aaron Dolgoff and Tiago Duarte-Silva

Learn a novel way to implement this statistical model that more readily incorporates investors' forward-looking views.


Navigating Insurance Minefields in SEC Enforcement-Action Settlements

By Eric G. Barber and Charles W. Mulaney

Two recent shifts will test even state-of-the-art D&O policies.


Litigating Customer Claims Outside the Firm-Client Relationship

By Sandra D. Grannum and Joshua D. Jones

Courts analyze FINRA rules in arbitration between firms and clients.


FINRA Examinations: Priorities and Best Practices

By Diana C. Campbell Miller and David G. Buffa

The 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. Chan

A 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. Cullison

Rule 502(d) provides the opportunity for novel approaches to maintaining privilege.


Get Your Priorities Straight to Maximize Your D&O Coverage

By John C. Tanner

Avoid 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. Howard

Panel decision suggests reduction of fiduciary duty standards for mutual fund advisory fees.


Surviving Your First OTR

By Pete S. Michaels

The dos and don’ts of client behavior are critical in securities regulatory proceedings.


Solo & Small Firm »

Why You Should Sleep under Your Desk

By Kate Mayer Mangan

Taking quality breaks can improve your cognition.


The Ethics of Space Sharing

By Emily L. Bloedel

Attorneys sharing an office space should put in place certain safeguards to avoid being perceived as one firm.


A Recent Graduate's Toolbox for Building a Law Practice

By Sofia S. Lingos

With the right tools and a good plan, starting your own firm is like building a house.


Woman Advocate »

What Companies Need to Know about Current and Proposed Drone Laws

By Amanda Fitzsimmons and Monica D. Scott

As the devices become more prevalent, they often (literally) collide with a world not quite ready for their arrival.


What Litigators Can Learn from Actors

By Roxanna Augesen Manuel

A skilled advocate prepares, rehearses, and warms up before preforming to her audience—the jury.


Grit, Growth Mindset, and Being a Great Trial Lawyer

By Katherine M. Larkin-Wong

The Honorable Mark W. Bennett discusses how grit and growth mindset work for litigators and why he supports the ABA's Grit Project.


How To Successfully Transition to an In-House Position

By Michele Bradley and Susan B. Cassidy

Considering a switch to an in-house position? Let this guide prepare you for your move.


Risk Taking 101 for Women Attorneys

By Teresa Beck

Taking smart risks will undoubtedly result in rewards.


Hackers Are Targeting Law Firms: Are You Ready?

By Stacy Berliner

Recent cyber attacks on law firms, as well as revisions to the Model Rules, require attorneys to understand security risks and protect client information.


Do I Look Fat in This Profession? Escaping Gender Bias in ADR

By Victoria Pynchon

To 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 Griesing

Assert control over your professional path.


Who Makes the Best Mentors for Female Associates?

By Holly J. Clemente

Choosing 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 Alameda

Effective communication, mutual respect are critical in forging successful working relationship.


RFP Response and Your Business Development Plan

By Carmelite M. Bertaut and Cheryl A. LeeVan

While stressful, RFPs help establish important connections.


Young Advocates »

10 Tips: How to Draft Federal Court Complaints

By Stewart Edelstein

Drafting properly is the sine qua non for achieving your client's objectives in litigation.

The Truth I Never Knew about Direct and Cross-Examinations

By Jason Brenner

Keep the principles of preparation, controlling your case, and working every case as if it is going to trial at the forefront of your mind.


Crafting Cease-and-Desist Letters Without Violating the ABA Model Rules

By Joshua A. Kurtzman

Cautionary tales for attorneys.


Protecting Chimpanzees Through Pro Bono Work

By Katelyn E. Keegan

This important work allows lawyers to solve complex legal problems while protecting and rescuing chimpanzees from a lifetime of exploitation and imprisonment.


Preparing for Your First Trial

By David Dobin

Two comprehensive checklists to make the experience less daunting.


The Nuts and Bolts of Your First Investigation

By Justin L. Heather

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


Three Strategies to Becoming a Legal Rainmaker

By Steve Fretzin

Advice from a seasoned lawyer.


What Kind of E-Discovery?

By James Berriman

You must be able to spot the circumstances in which either an active-file or a forensic approach is needed.


Business Development Advice for Lawyers

By Steve Fretzin

The best fishers know where to fish.


Opening Statements: Tips for Effectiveness in 15 Minutes or Less

By William F. Sullivan and Adam M. Reich

Movies may be more instructive than you realize.


Advice for Young Lawyers: Becoming an Expert on Experts

By George Abele and Adam Reich

Everything you need to know about handling expert witnesses.


How to Deal with Difficult and More Senior Opposing Counsel

By Stephanie McCoy Loquvam

Attorneys offer valuable tips for overcoming the experience gap.


The Supreme Court Takes on the Widely Challenged PPACA

By Tanya Falleiro

Since 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.