Practice Areas Archive

Alternative Dispute Resolution »

Applying E-Discovery in an Arbitrational Setting

Practical use of e-discovery is a challenge once arbitration enters the picture.

Federal Question Jurisdiction Raised Only in Counterclaims

High Court settles compulsion of arbitration controversy.

Informed Consent: Divorcing Couples Have Options

By Debra C. Ruel

Clients confronted with divorce or separation should be fully informed of all available options.

Children's Rights »

Integrating Systems for Children with Disabilities

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

Tips for New Juvenile Defenders

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

Class Actions »

Seven Steps to a Successful Class Action Settlement

Parties must observe certain procedures to bind absent class members.

Closer Scrutiny for Fee Awards in Claims Made Settlement

Courts use authority under Rule 23(h) to scrutinize fee agreements.

Courts Must Resolve “Dueling” Expert Testimony

More appellate courts are requiring trial courts to scrutinize expert testimony as part of class certification.

Keeping Your State Court Class Action in State Court

Location, location, location. Old real-estate adage applies equally to state class actions cases.

Pick Me, Pick Me: Getting Appointed as Class Counsel

District courts have a variety of factors to weigh when appointing class counsel.

Class Actions 101: What Are These Lawsuits All About, Anyway?

While many new attorneys know the keys to class actions, it never hurts to have a refresher.

commercial & business »

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 »

Federal False Claims Act “Corrected and Clarified”

Amendments embedded in FERA expand the circumstances of contractor liability.

Hurry Up and Wait: TROs and Other Emergent Relief

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

Corporate Counsel »

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

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

Double Damages Ordered for Unlawful FMLA Firing

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

Depending on strategy, arbitration can be economical or costly.

criminal litigation »

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 »

Misappropriating Data to Further a Claim—Theft or Protected Conduct?

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

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 »

Spent Nuclear Fuel and the U.S. Response to Fukushima

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

environmental litigation »

Get Ready for a New Era of EPA Enforcement

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

Intellectual Property »

Copyright Misuse: An Overview

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

Exergen: A Clarification to Pleading Inequitable Conduct

Federal Circuit used Exergen to heighten requirements for inequitable conduct defense.

Tutorials in Patent Litigation: Educating District Court Judges

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

Mass Torts »

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 Law »

Can Social Media Be Banned from Playing a Role in Our Judicial System?

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

Making the Business Case: Flexible Work Arrangements

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

Diversity Summit 2009: Achieving Diversity in the Profession

To achieve diversity in the legal profession, efforts need to be directed at the pipelines.

Affinity Groups in Large Law Firms: What to Consider

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

DOJ Reaches Beyond U.S. Borders

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

products liability »

The CPSIA and Social Media Make Product Issues Public

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

professional liability »

50-State Survey of Legal Malpractice Law

A collection of state-by-state articles addressing issues common to claims against lawyers.

Securities »

Subpoenas from Federal Agencies: Will FRE 502(d) Protect Privilege?

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

Get Your Priorities Straight to Maximize Your D&O Coverage

Avoid unanticipated results from the priority-of-payments provision in your D&O coverage.

High Court Review of Mutual Fund Case Likely

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

Surviving Your First OTR

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

technology for the litigator »

Social Networking: Connecting to Clients and Other Lawyers

By Charles R. Beans

Businesses must be present online, and they must take part.

Woman Advocate »

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

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

RFP Response and Your Business Development Plan

While stressful, RFPs help establish important connections.

Young Advocates »

The Supreme Court Takes on the Widely Challenged PPACA

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.