Practice Areas Archive
Alternative Dispute Resolution »
Applying E-Discovery in an Arbitrational Setting
By Michael SwarzPractical use of e-discovery is a challenge once arbitration enters the picture.
Federal Question Jurisdiction Raised Only in Counterclaims
By David B. CollierHigh 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
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.
Class Actions »
Seven Steps to a Successful Class Action Settlement
By John B. Isbister, Todd B. Hilsee, and Carla A. PeakParties must observe certain procedures to bind absent class members.
Closer Scrutiny for Fee Awards in Claims Made Settlement
By Ashley Vinson and Teresa WangCourts use authority under Rule 23(h) to scrutinize fee agreements.
Courts Must Resolve “Dueling” Expert Testimony
By Margaret Lyle and Andrew WirmaniMore appellate courts are requiring trial courts to scrutinize expert testimony as part of class certification.
Keeping Your State Court Class Action in State Court
By Roger K. SmithLocation, location, location. Old real-estate adage applies equally to state class actions cases.
Pick Me, Pick Me: Getting Appointed as Class Counsel
By Jocelyn D. LarkinDistrict courts have a variety of factors to weigh when appointing class counsel.
Class Actions 101: What Are These Lawsuits All About, Anyway?
By Julie CantorWhile 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”
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.
Corporate Counsel »
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 »
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?
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 »
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 »
Get Ready for a New Era of EPA Enforcement
By Eric AndreasIncrease in National Enforcement Priorities proves EPA is “back on the job.”
Intellectual Property »
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.
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?
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 »
The CPSIA and Social Media Make Product Issues Public
By Jennifer TaggartCompanies 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?
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.
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
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 »
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.




