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 »

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 »

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 »

Duties of Local Counsel: More Expansive Than You Think?

By Stephen L. Miles

Don'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. Shapiro

The 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. 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 »

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 »

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 »

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 »

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.

products liability »

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.

Pro Bono & Public Interest »

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.

professional liability »

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 Litigation »

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 »

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 »

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 »

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 »

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.