Practice Areas Archive
The law for bundled discounts is more than just unsettled; it is a mess.
Make the difference between recovering damages and having the claim barred.
Know the liabilities when representing a corporate scapegoat.
Panicky legislative responses to cyberbullying can damage as many young lives as they benefit.
Unfortunately your new law license didn't come with a user manual.
Studies reveal that approximately 70 percent of incarcerated children have disabilities.
The role of the juvenile defender has evolved to require a complex and challenging skill set.
More reasonable methods of discovery may be available.
Your most valuable source of information must be handled with care.
Clawback orders can reduce parties' concerns over whether their conduct would pass scrutiny under a reasonableness analysis.
A seemingly insignificant mistake could cost millions.
By N. Scott Fletcher and Jefferson T. Michael
SEC formal orders of investigation have more than doubled in the past year.
By Scott T. Schutte and Gabriel A. Crowson
Five years after enactment, two basic, unsettled CAFA issues are hot topics.
By Michelle Clardy
Each mediation is unique, and carries a different measure of success.
Follow these tips to reduce exposure under the Federal False Claims Act.
The collective impact of new environmental standards has not yet been fully evaluated.
Amendments embedded in FERA expand the circumstances of contractor liability.
Construction cases include host of scenarios requiring counsel to leap into action.
The Court has created lingering uncertainty on the Article III injury requirement in consumer cases.
The Obama administration takes a bold step to secure online privacy for consumers.
"All natural" may not mean what it used to.
Fundamental guidelines for in-house counsel when litigation strikes.
Courts are becoming increasingly progressive in dealing with ESI.
Employers must be ready to address the impact of the H1N1 virus on the workplace.
FMLA enforcement makes employers think twice before terminating employees.
By Michael Wyatt
With ESI, lack of planning can render discovery efforts worthless.
Depending on strategy, arbitration can be economical or costly.
Checklists for guarding against and responding to a data breach.
The safest path through one investigation may lead to a dead end in another.
By Elliot J. Blumenthal
Tips for young lawyers on the proper steps involved in a federal bail application.
By John T. Graff and John T. McInnes
Employee leaks to government investigators present unique challenges to companies and defense counsel.
By Elliot J. Blumenthal
Supreme Court addresses aspect of sentencing that had been subject of split among circuits.
The rule codifies Supreme Court holdings and offers guidance on applying the defense.
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.
Movies and realism don't necessarily coincide, but several films offer valuable insight for legal professionals.
By Lou Michels
"Pro-employer" decisions sharply redefine procedure for discrimination lawsuits.
Find out what you need to know to navigate the new legal regimes of oil and gas production.
The United States has a long history of political, regulatory, and legal challenges in dealing with spent nuclear fuel.
The decision potentially leads to even greater confusion than before.
Who is responsible for paying orphan shares?
The EPA loses a battle on enforcement actions under the Clean Water Act.
A professional consultant can take the fear and loathing out of e-discovery.
Increase in National Enforcement Priorities proves EPA is “back on the job.”
Don't be held responsible for the mistakes of national counsel.
The Supreme Court’sdecision may cost the manufacturing sector billions over the next decade.
Do's and don'ts for implementing a sound social-media policy.
There may be a new defining moment in patent litigations.
The affirmative defense of “copyright misuse” has been clarified and broadly recognized.
Federal Circuit used Exergen to heighten requirements for inequitable conduct defense.
District court judges must be proficient in terminology, theories to perform their duties.
The effects of Morrison can be felt in other areas of law, particularly in RICO cases.
LGBT attorneys remain a rarity in the profession. One reason may be unconscious discrimination.
$800,000 verdict may push schools to address the issue.
Later-served defendants no longer bound by the choices of earlier-served defendant.
The SDNY takes steps to stem unwieldy case-management issues.
By Bailey Smith
Rule 30(b)(6) representatives play an important role in ensuring a favorable outcome.
By David Grenardo
To gain experience in a competitive environment, junior attorneys must seek out trial opportunities.
By Matthew Moeller
Navigating the process of taking depositions to achieve the best results for your client.
By Harley V. Ratliff
Surely I have more wisdom to offer than just "achieve goodwill through doughnuts."
By Scott Kaiser and Aaron Kirkland
Post-removal events do not deprive federal courts of subject matter jurisdiction.
New voter registration and ID laws will likely have a dramatic impact on the presidential election.
Single-handedly slaying a lion would be a more straightforward endeavor.
Jurors’ use of the Internet and social media may affect the outcome of a trial.
Create a proposal when approaching your employer with a request for a flexible work arrangement.
To achieve diversity in the legal profession, efforts need to be directed at the pipelines.
Groups that might thrive in a corporate environment could sabotage firm diversity.
Boarder control measures expanded to prosecute foreign corporations and individuals violating U.S. laws.
Act now to avoid "woulda-coulda-shoulda" scenarios.
Companies must monitor social media for product liability issues, not just brand awareness.
The mortgage crisis has given valuable experience to pro bono lawyers.
The litigation privilege may not necessarily protect an attorney from malpractice claims.
A collection of state-by-state articles addressing issues common to claims against lawyers.
Analyze the appraiser's testimony and learn how to undermine those opinions of value.
Courts analyze FINRA rules in arbitration between firms and clients.
The manner in which firms plan for and work with FINRA's examiners can drastically affect the entire process.
A regulatory floodlight shines on the asset-management industry.
The Supreme Court's landmark decision has already begun impacting class-certification decisions in securities-fraud class actions, in three distinct ways.
Rule 502(d) provides the opportunity for novel approaches to maintaining privilege.
Avoid unanticipated results from the priority-of-payments provision in your D&O coverage.
Panel decision suggests reduction of fiduciary duty standards for mutual fund advisory fees.
The dos and don’ts of client behavior are critical in securities regulatory proceedings.
With the right tools and a good plan, starting your own firm is like building a house.
To be viewed as hardnosed, pragmatic business neutrals, we need to quite publicly walk the walk and talk the talk.
Assert control over your professional path.
Choosing the right mentor can make all the difference in your career.
By Gilda R. Turitz
ADR is a flexible alternative and can be customized to the parties' particular needs.
By Stephanie R. Renner
A commitment to diversity in the workplace is imperative in the current economic environment.
By Mary-Christine (M.C.) Sungaila
Update and organize your professional contacts to build a network that will grow your business.
By Margaret Lockhart
Firms lacking clear communication risk losing attorneys or staff they want to keep.
Effective communication, mutual respect are critical in forging successful working relationship.
While stressful, RFPs help establish important connections.
Everything you need to know about handling expert witnesses.
Attorneys offer valuable tips for overcoming the experience gap.
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.