Top Stories Archive
Lawyers May Face Liability for Ex-Parte Defamatory Remarks
By M. Derek HarrisPotential defamatory statements may be subject only to a qualified privilege.
Counterclaim May Be Avoided by Covenant Not to Sue
By Christina M. JordanPlaintiff may exit trademark lawsuit by filing broadly worded covenant.
Asking for Friendly Advice Can Create a Conflict
By Jannis E. GoodnowPlaintiff's choice of counsel stymied by defense counsel's casual consultation.
Co-Client Relationship Between Insurer and Insured Not Automatic
By Ian S. ClementInsured's assertion of attorney-client privilege upheld against insurer.
"Golden Rule" Arguments Not Okay on Liability Issues
By Bethany Leigh RabeD.C. Circuit orders retrial over "golden rule" statements, furthering split among circuits.
Contribution and Indemnification for ERISA Fiduciaries
By Douglas E. MotzenbeckerFederal courts divided on implied right, and the Supreme Court remains silent.
Attorney's ECF Error Forfeits Client's Right to Appeal
By Kelso L. AndersonSecond Circuit limits district court's discretion to grant relief from untimely appeal.
Establishing That Text Messages Are Admissible
By Sara E. Costello"Distinctive characteristics" authenticate text messages.
"Reckless Disregard" May Suffice for Spoliation Sanction
By Sean T. CarnathanCourt imposes adverse inference instruction despite lack of actual malice.
Rambus's Prejudicial, Bad Faith Spoliation Warrants Harsh Sanction
By Joseph CallananDistrict court "fully explains" spoliation sanction that rendered patents unenforceable.
Circuits Split on Computer-Based Personal Jurisdiction
By Henry R. ChalmersNature of claims and language in long-arm statutes may explain different outcomes.
Lawyers Are Ethically Bound to Civility and Professionalism
By Oran F. WhitingDuty to advocate zealously is not license for uncivil conduct, says Indiana high court.
Attorney's Failure to Join Essential Party May Be Malpractice
By Angela FosterUnsettled issue of law is not a silver bullet against attorney's inaction.
Informal Agreement Does Not Mean Done Deal
By Kathy MilenkovskiRequirements of Copyright Act not satisfied by informal email agreement between attorneys.
Truthful Off-Label Marketing is Protected Speech
By Jonathan B. StepanianSecond Circuit deals blow to FDA attempts to restrict off-label marketing.
Ethical Limits on Rebutting Client's Disparaging Internet Comments
By Renee Choy OhlendorfEthics Commission balances protection of former client against attorney defending his reputation.
Securities Class Action Resolutions Slow Down
By Lisa R. HasdayReport points to a pending Supreme Court decision and fewer available cases.
Experts Cannot Be Shielded from Discovery by Re-designation
By M. Derek HarrisExpert disclosures, not designations, dictate discovery and use of experts.
Zealous Advocacy Balanced Against Collaborative Discovery
By Christina Michelle JordanCourt provides case study on how to work out differences through electronic discovery.
Former Cocounsel Must Share the Fruits of Their Labor
By Ian S. ClementContingency fee firm's quantum meruit claim may proceed against former cocounsel.
Simple Negligence Sufficient for Ethics Violation
By Kelso L. AndersonAttorney's failure to inform secondary court of withdrawal violates ethics requirement.
Malpractice Insurer Must Defend Lawyer Who Admits Mistake
By Jannis E. GoodnowEthical duty trumps policy that prohibits admission of liability.
Can Judges "Friend" Attorneys on Social Media?
By Bethany Leigh RabeThe Tennessee Judicial Ethics Committee says judges must proceed with caution on social media.
Surprise Order Forces Parties to Identify Bloggers on Payroll
By Jannis E. GoodnowCourt orders disclosure of paid commentators making statements on issues in case.
Court Orders Cloning of a Nonparty Attorney's Computer
By Angela FosterESI of a nonparty attorney is discoverable if it does not unreasonably burden the attorney.
Overtime Recoverable in FMLA Claim
By Jonathan B. StepanianEstablishing a right to recovery is simple, but calculating the award is more difficult.
Litigation Privilege Is No Defense to Malpractice Claim
By Joseph CallananReporting an insured's illegal conduct, which voided coverage, negated the litigation privilege.
Contract Attorney's Conflict Not Grounds for Disqualification
By Natasha Saggar ShethConflict not imputed to firm that outsourced work to contact attorney.
Court Imports E-Discovery Best Practices to the FOIA Realm
By Ian S. ClementFederal agencies are required to cooperate on search protocols.
Georgia Judges Must Cure Harm of Improper Arguments
By Oran F. WhitingObjecting party need not request remediation; courts' curative responsibility is mandatory.
Boundaries of Computer Fraud Insurance Coverage
By Renee Choy OhlendorfCommercial coverage policy extends to cyber claim.
Circuits Split on Valuing Offset Against Criminal Restitution
By Sean T. CarnathanTiming of valuation makes a huge difference under federal act.
Discovery of Facebook Posts No Longer A Given
By Andrew J. KennedyA district court bucks the trend of allowing broad discovery of social media.
When an Expert Becomes a Judge-Elect, Testimony May Proceed
By Lisa R. HasdayFlorida allows judge-elect to finish testimony before taking the bench.
Attorney Gambles Chasing Fees and Loses Big
By M. Derek HarrisIn fee disputes, recognize, evaluate, and know the risks before gambling on litigation.
Judicial Deliberative Privilege Trumps Subpoena Power
By Kelso L. AndersonMassachusetts' high court announces rule protecting judges' deliberations in cases.
Privilege Depends on Conflicts and Nature of In-House Position
By Henry R. ChalmersLaw firms cannot assume communications with their own in-house counsel are privileged.
State Bar's Threat of Sanctions Violates Right to Free Speech
By Katerina E. MilenkovskiRule of professional conduct is unconstitutional as applied to attorney's comments.
Class Counsel Denied $8.5 Million in Fees
By Bethany Leigh Rabe"Egregious" conflict of interest leads to forfeiture of attorney fees in class action.
Cautionary Tale: Attorneys Must Guard Confidential Information
By Sara E. CostelloAttorneys can be subject to sanctions even for inadvertent violation of protective orders.
Death of a Salesman Exemption
By Teresa Rider BultSupreme Court finds salesmen are exempt under FLSA even when they don't "sell."
California Affirms Work Product Protection for Witness Statements
By Natasha SaggarWitness statements afforded qualified protection; no protection for identity of witnesses.
Insurer Has Duty to Settle Even in Absence of Settlement Demand
By Caitlin HaneyThe Ninth Circuit decision extends California law but leaves extent of duty largely undefined.
Pennsylvania Charts Its Own Path on Electronic Discovery
By Jonathan B. StepanianThe state and federal rules are similar, but federal jurisprudence is rejected.
Treating Physicians Can Serve as Defense Experts
By Oran F. WhitingNew Jersey court broadens pool of available qualified medical experts.
Colorado's Different Ethics Approach to Litigation Expenses
By Angela FosterPermissible versus impermissible financial advances depends on its purpose.
New Trend in Navigating the Minefield of Civil Rule 13(a)
By Andrew J. KennedyTest for compulsory counterclaims opens the door to balancing of the equities.
Limiting Availability of Interlocutory Appeals Regarding Privilege
By John W. JoycePrivilege holder must obtain documents and endure contempt charge to pursue appeal.
Angry Birds Will Not Violate Bar Rules; Abusive Tactics Will
By Sean T. CarnathanAbusive tactics and juvenile antics get attorney and firm disqualified.
Attorney's Settlement "Mistake" Raises Ethical Questions
By Renee Choy OhlendorfPlaintiff's lawyer disavows last-minute settlement after learning jury would have awarded $9 million.
Ethics Commission Recommends Updates to Model Rules
By Sara E. CostelloProposals target technology, lawyer mobility, and outsourcing.
Predictive Coding Portends Change in Discovery Practice
By Swati S. DesaiThe courts' acceptance of computer-aided search could reduce review costs.
Courts Address Preservation of Personal Electronic Device Data
By Christina Michelle JordanPreservation orders differ over scope of relief granted.
Bright-Line Rule Adopted for Citizenship of Defunct Corporation
By Joseph CallananDissolved corporation has no principal place of business under diversity jurisdiction test.
Flat-Fee Arrangements May Carry Sharp Consequences
By Jonathan B. StepanianAttorneys should exercise care in preparing flat-fee agreements.
SC Bar Ethics Committee Advises Against JustAnswer.com
By Bethany Leigh RabeLawyers must be cautious of ethical pitfalls in question-and-answer websites.
Think Settlement Negotiations Are Confidential? Think Again.
By Jannis E. GoodnowFederal Circuit allows discovery of settlement negotiations in patent dispute.
Prometheus's Patent Ruled a Myth
By Katerina E. MilenkovskiSupreme Court finds diagnostic test an unpatentable law of nature.
Forensic Expert Permitted to Identify Keyboard User
By John W. JoyceLimited access to multiple computers with similar file structures is an acceptable ultimate issue opinion.
Supreme Court Limits FMLA Claims Against States
By Lisa R. HasdaySovereign immunity bars relief under the self-care provision.
Federal Procedural Rules Trump Hague Convention
By Douglas E. MotzenbeckerFrench-blocking statute did not excuse foreign corporation from U.S. discovery obligations.
Fiduciary Duty Exception to Privilege Inapplicable in Illinois
By Oran F. WhitingLegal advice to law firm is protected from disclosure to firm's client.
Prison Is Not a Custodial Environment for Miranda Purposes
By Swati S. DesaiSupreme Court upholds interrogation about other crimes in "normal" prison environment.
Managers of Delaware LLCs Owe Fiduciary Duty Except by Agreement
By Joseph CallananChancery court rules that duty owed unless modified by parties, but Supreme Court may rule otherwise.
Court Misses Chance to Tackle Unpatentable Abstract Ideas
By Christina Michelle JordanFederal Circuit holds claims are not patent-eligible, but definition of "abstract ideas" remains murky.
Congress Guts Bill of Rights
By Mark A. DrummondRepeal contained in footnote to Omnibus Health-Care Bill.
Feds Give Corporations Vote; Chancery Court Abolished
By Avril PoissonAfter Citizens United, state and federal lawmakers take action.
Bonds and Environmental Blunders in Engagement Letters
By Kent A. LambertLouisiana case against bond counsel underscores value of proper limits on scope of representation.
Interpreter Must Take Oath to Make True Translation
By Kathy MilenkovskiFailure to swear translator not necessarily a reversible error.
First Circuit Limits Sarbanes-Oxley's Whistleblower Protection
By Sara E. CostelloCourt holds 2–1 that statute only protects employees of public companies over sharp dissent.
Intervenors Still in Limbo on Standing Requirements
By Renee Choy OhlendorfCourts consider whether intervenors must establish Article III standing under FRCP 24.
Expansive Reading of Rule 30(e) Adopted in Massachusetts
By Natasha A. SaggarMajority view allowing all changes to depo erratas is adopted by state high court.
Pre-Eligibility Protection under FMLA
By Jannis E. GoodnowEmployee's advance notice of potential maternity leave triggered FMLA rights.
Nevada Offers Pharmacists Bitter Pill
By Teresa Rider BultCourt adopts "learned intermediary" defense, but refuses to apply it.
California High Court Limits Product Liability in Unusual Asbestos Case
By Bethany Leigh RabeStrict liability is not necessarily extended to manufacturer for incorporated component products.
Judge Rejects SEC's Position on Citigroup Consent Judgment
By Sean T. CarnathanThe $95 million penalty is "pocket change," the judge says.
Attempted Release of Sanctions Liability Spells Trouble
By Oran F. WhitingLawyer should not commingle release of claims against firm with settlement of client's underlying lawsuit.
Circuits Split on Materiality in Securities Class Actions
By Swati S. DesaiCourts debate proof versus plausibility at pleadings stage.
Second Circuit Lifts Sanction on Ghostwriting Petition
By Lisa R. HasdayShould a court sanction an attorney for helping pro se litigants draft and file petitions for review?
Party Relieved from Estimated 95-Million-Page Review
By Brian A. ZemilCourt overrides parties' agreement requiring broad retrieval of data in unallocated space.
Accounting for Damages for Dummies: Expert Opinion or Not?
By Renee Choy OhlendorfAccountants' testimony on preparation of proofs of loss is lay opinion.
Seventh Circuit Affirms Federal Preemption in Food-Labeling Case
By Natasha A. SaggarThe Food and Drug Act trumps non-conforming state laws.
Counsel Enjoined From Contacting Non-Party Witnesses
By Sara E. CostelloCourt concludes discouraging witnesses from speaking with opposing counsel is improper.
Pro Se Bankruptcy Filings Growing Faster than Other Debtor Relief
By Joseph CallananTwo-to-one growth rate may be due to federal reforms increasing potential liability.
Think Before You Seal
By Lisa R. HasdayNew U.S. Judicial Conference policy urges annual review of sealed case files.
Colorado Denies Privilege for Guardian Ad Litem
By Lisa BlissShould attorney-client privilege apply to lawyers' conversations in a guardian ad litem role?
Ninth Circuit: Foreign Civil War Subject to Federal Jurisdiction
By Jonathan B. StepanianSplit widens as Supreme Court to decide jurisdictional scope under Alien Tort Statute.
Chancery Court Awards $1.263 Billion in Derivative Action
By Sean T. CarnathanSpecial committee approval not enough to shield merger decision.
New Jersey Revamps Test for Eyewitness Identifications
By Natasha A. SaggarState supreme court lowers threshold for pretrial hearings, orders new jury instructions.
Circuit Split Emerges over National Banks’ Citizenship
By Oran F. WhitingBanks’ principal place of business not determinative for diversity jurisdiction.
ABA Proposes Rule Changes to Aid Multijurisdictional Practice
By Jesyca WestbrookComment period for revised Model Rules of Professional Responsibility closes November 30.
Kansas High Court Affirms Right of Nonparty to Destroy Records
By Brian A. ZemilFailure to show special relationship with entity shredding documents fatal to spoliation claim.
Federal Circuit Cracks Down on Non-Practicing Entities
By Swati S. Desai"Patent troll" and attorney must pay $631,135 in fees, costs, and sanctions for extortionate claim.
Legal Malpractice Case Emphasizes Client Duties
By Teresa Rider BultDebate grows on use of contributory negligence defense in malpractice claims.
New Guidance on Changing Fee Arrangements During Representation
By John W. JoyceKey considerations in ABA Formal Opinion 11-458 include reasonableness, communication, and consent.
Manufacturer and Supplier Fail to Establish Joint Privilege
By Lisa R. BlissCommunity-of-interest privilege requires more than a written agreement to avoid disclosure.
Circumstantial Evidence May Be Sufficient to Infer Product Defect
By Joseph Callanan“Malfunction theory” allows plaintiffs to meet burden of proof without evidence of defective product.
Second Circuit Takes Broad View of RICO Amendment
By Sara E. CostelloRuling bars RICO claims against those accused of aiding and abetting securities fraud.
States Enact Expert Witness Legislation for Medical Injury Actions
By Christina Michelle JordanFlorida passes legislation on expert witnesses, requiring certification to testify.
Michigan Adopts New Jury-Reform Rules
By Lindsay M. SestileJurors can ask questions during trial, discuss the case before deliberations, and take evidence into the jury room.
California May Get New Rules of Professional Conduct
By Renee Choy OhlendorfModified version of ABA’s Model Rules of Professional Conduct awaiting approval.
District Court Taxes Losing Litigant $367,359 in E-Discovery Costs
By John W. JoyceDisputes over the taxability of e-discovery costs escalating with increasingly sophisticated demands for ESI.
Ninth Circuit Sets Limits on Breaking Jury Deadlock
By Karen L. StevensonCourt usurped jury’s role by allowing supplemental arguments on deadlock issues.
Federal Courts Can’t Regulate Greenhouse Gases under Common Law
By Katerina MilenkovskiClean Air Act has displaced federal common law by delegating regulatory authority to EPA.
Second Circuit Exempts Commercial Paper Redemptions from Bankruptcy Avoidance
By Jonathan B. Stepanian“Settlement payments” protected by Safe Harbor under § 546 of Bankruptcy Code.
NYC Bar Weighs in on Litigation Financing
By Bethany Leigh RabeThird-party financing arrangements “not unethical per se,” but beware of pitfalls.
Supreme Court Maintains Status Quo for Patent Invalidity Standard
By Natasha A. SaggarRuling reaffirms high standard of proof necessary to demonstrate patent invalidity.
ABA Commission Proposes Guidance on Using New Technology in Marketing
By Jannis GoodnowAmendments to Model Rules would clarify client development in Internet Age.
U.S. Supreme Court Shifts Basic Personal Jurisdiction Rules
By M. Derek HarrisStream of commerce test does not control outcome of personal jurisdiction cases.
Minnesota Extends Education-Malpractice Doctrine to Aircraft Manufacturer
By Christina Michelle JordanDissent argues result goes beyond settled principles of negligence law.
Is Zippo Getting Zapped?
By Kent A. LambertFlorida court rejects Zippo’s “sliding scale” for jurisdiction over Internet activity.
Texas Expands “Loser Pays” Rule
By Robert C. RodriguezTexas governor makes good on campaign pledge to try to curb “frivolous” lawsuits.
N.Y. Adopts Limited License for Out-of-State In-House Counsel
By Brian A. ZemilLimited practice by U.S. attorneys permitted; Non-U.S. lawyers still on the bench.
Federal Pilot Program on Courtroom Cameras Goes Live
By Oran F. WhitingProgram limited to civil proceedings where parties consent to recording.
Federal Rule Amendments Coming on December 1
By Swati S. DesaiAmendments to bankruptcy, appellate, and criminal rules on tap.
Internet-Based Evidence: Is It What It Says It Is?
By Karen L. StevensonLitigators must carefully consider how evidence gathered from the Internet will be authenticated.
Tenth Circuit Turns a "Gimlet Eye" on Challenges to Sanction Orders
By Jesyca M. WestbrookAppellate court embraces three-strikes test for discovery sanctions and broad discretion of district court in ordering sanctions.
Court Orders Production of “Judicial Hellhole” Public Relations Proposal
By Renee Choy OhlendorfProposed negative publicity campaign against judicial system raises issues of privilege and ethics.
Take Reasonable Care When Storing Client Data in the Cloud
By Sara E. CostelloLawyers should scrutinize vendor agreements and stay informed of technological advances.
Section Sponsors Training for Public-Interest Litigators
By Lisa R. BlissVolunteer faculty provided practical training and diverse perspectives at a free session in Atlanta, Georgia.
South Carolina Clarifies Jury Instructions on Negligence
By Kristine L. RobertsJurors can compare ordinary and heightened degrees of negligence to assess each party's relative fault.
Assessing Privilege Waiver When Clients Make Disclosures to the Press
By Henry R. ChalmersFairness and prejudice to opposing party can determine whether waiver will be partial or total.
E-Discovery Sanctions Awarded after Case Is Closed
By M. Derek HarrisIn addition to civil contempt award, transgressor must make past and future opponents aware of sanctions order.
Facebook Postings Subject to Federal Anti-Spam Law
By Katerina MilenkovskiCourt breaks new ground in expanding CAN-SPAM restrictions to nontraditional electronic messages.
Policyholder Forfeits Coverage by Rejecting Carrier’s Appointed Counsel
By John W. JoyceCourt holds failure to accept defense counsel is breach of insured’s duty to cooperate.
An Open-Ended Retainer Does Not Equate to Ongoing Representation
By Lindsay M. SestileCalifornia court holds that a “framework” retainer agreement is insufficient to establish attorney-client relationship.
Proposed New York Rule on Judicial Disqualification Due to Campaign Contributions
By Lisa R. BlissShould states enact a bright-line rule?
Materiality of Alleged Misrepresentations Not Dependent on Statistical Significance
By Sean T. CarnathanWhen do drug companies have to disclose adverse event reports to avoid securities fraud claims?
Court Compels Settlement Based on Attorney’s Assent and Despite Client Protests
By Tiffany M. WilliamsClarity is key when communicating with clients, regarding settlement agreements.
Testing the Limits of Damage Awards in Mass Infringement Copyright Litigation
By Kent A. LambertCourts tackle calculating damages for inducement of mass infringements of individual works.
Court Protects Internal Law Firm Email from Disclosure to Former Clients
By Anthony R. McClureFederal district court allows law firm to rely on narrow privilege under New York law.
Court Refuses to Suspend Trial for Litigant’s Religious Observance
By Brian A. ZemilReligious beliefs prohibited litigant or his attorney from appearing for two days of trial.
Seventh Circuit Clarifies Standards for 28 U.S.C § 1782 Discovery Requests
By Elenore Cotter KlinglerDomestic companies face discovery burdens in U.S. courts from litigation in foreign tribunals.
Ninth and Fourth Circuits Highlight Split over Removal Deadline
By Sara E. CostelloCourts take different approaches to calculate 30-day removal deadline.
California Retailers Banned from Asking for ZIP Codes
By Karen L. StevensonExpanding definition of personal identification information fosters additional litigation against retailers.
Supreme Court Allows Third-Party Retaliation Claim Under Title VII
By Effie D. SilvaRelationship between coworkers a key consideration in Court’s analysis.
Ninth Circuit Enters Debate on Software Licensing and Copyright Law
By Kristine L. RobertsDecision creates potential circuit split on “anti-circumvention” rights of copyright owners.
Ninth Circuit Reverses Conviction of Former McAfee CFO
By Katerina Milenkovski"Overzealous prosecution” is overturned on appeal.
Courts Continue to Struggle with “Authorized Access” under CFAA
By Lindsay M. SestileCourts weigh criminal liability under Computer Fraud and Abuse Act.
“Civil Death Penalty” Sanction May Not Implicate Due Process Concerns
By Henry R. ChalmersNo evidentiary hearing required before imposing sanction striking defendant’s answer on liability.
Inadvertent Disclosure Results in Disqualification of Opposing Counsel
By M. Derek HarrisKnow the rules before handling inadvertently disclosed information.
Sixth Circuit Eases E-Discovery Burden for Agencies Under FOIA
By Lisa R. BlissAgencies do not necessarily need to search for deleted electronic files.
Ninth Circuit Upholds Admission of Settlement Offer
By Tiffany M. WilliamsReminder for litigators that settlement offers are not always inadmissible.
$100 Million Legal Malpractice Verdict Provides Lessons for Litigators
By Sherry L. TaltonPractical lessons regarding conflicts of interest.
ABA Section of Litigation Tackles Implicit Bias
By Mark A. DrummondLeadership meeting showcases important research on implicit bias and the Section’s efforts to foster awareness.
Washington Supreme Court Reassesses Economic Loss Rule
By Kent A. LambertCourt replaces the economic loss rule with independent duty doctrine.
Improper Notary Practice May Lead to Attorney Discipline
By John W. JoycePennsylvania disciplinary board cautions attorneys regarding breach of notary statutes.
Seventh Circuit Clarifies Limits of SLUSA Discovery Stay
By Effie D. SilvaPrevalence of high-deductible policies may make such bad faith claims more common.
Tenth Circuit Affirms Exclusion of “Human Factors” Expert
By Anthony R. McClureLack of testing dooms plaintiffs’ design defect case.
Judicial Criticism of Child Pornography Sentencing Guidelines Continues
By Brian A. ZemilPolicy disagreement shows growing judicial dissatisfaction with guidelines.
Evidence of Subsequent Remedial Measures Excluded in Contract Case
By Robert C. RodriguezDistrict court strives for predictability in applying exclusionary rule.
DOJ Nixes No Cold Call Agreements
By Elenore Cotter KlinglerSettlement with Google and others ends agreements that DOJ claims were illegal.
Magistrate Judge Examines Broad Scope of Rule 30(b)(6) Depositions
By Karen L. StevensonRuling rejects minority view limiting Rule 30(b)(6) deposition to specified topics.
Judge Sues Lawyer over Publication of Judicial Conduct Complaint
By Sara E. CostelloJudge files defamation lawsuit against attorney who accused him of berating colleagues.
Reporter’s Privilege Receives Increasing Attention from States
By Anthony R. McClureDebate continues over possible federal shield law.
ABA Ethical Opinion Focuses on Attorney Websites
By William J. CantrellOpinion provides guidance on attorney website content and design.
Orders Highlight Need for Diversity in Appointing Class Counsel
By Duchess HarrisJudge seeks to ensure minority and female lawyers assigned to work as class counsel.
Jail Time for Spoliation?
By Sean T. CarnathanDecision pushes limits of available sanctions for spoliation.
Court Allows Discovery of Deleted Facebook and MySpace Pages
By Kristine L. RobertsNo reasonable expectation of privacy despite strict privacy settings.
Illinois Finally Codifies Rules of Evidence
By Katerina MilenkovskiState supreme court retires arcane system based on case law, statutes, and court rules.
South Carolina Supreme Court Endorses Risk-Utility Test
By Jeffrey B. TracyMajority of jurisdictions apply some form of risk-utility test to design defect claims.
Ethical Fallout from the Foreclosure Crisis
By John W. JoyceState attorneys general question accuracy of evidence submitted during foreclosure proceedings.
Seventh Circuit Criticizes Lower Court for Disregarding Uncorroborated Evidence
By Tiffany M. WilliamsSummary judgment reversed on hostile work environment claim due to improperly discounted testimony.
California Decision Focuses on Juror Perceptions of Witness Attire
By Robert C. RodriguezReminder for litigators to anticipate and evaluate how witness attire may impact jurors.
Number of New FLSA Lawsuits Filed Each Year Continues to Rise
By Anthony R. McClureEmployment litigators address reasons behind the increase and its impact on their practices.
Representing Clients with Limited English Proficiency
By Lisa R. BlissEthical challenges await attorneys who need to overcome a language barrier with their clients.
FTC: System for Consumer Debt Collection Is Broken
By Sherry L. TaltonLitigators debate impact of FTC report on litigation and arbitration.
Court Allows Bad Faith Claim for Insurer’s Failure to Settle Within Deductible
By Effie D. SilvaPrevalence of high-deductible policies may make such bad faith claims more common.
Lateral Associate’s Conflict of Interest Disqualifies Law Firm
By Karen L. StevensonDecision analyzes application of substantial relationship test to patent litigators.
Failure to Show Witness’s Unavailability Results in Exclusion of Testimony
By Sara E. CostelloDecision reminds counsel to demonstrate good faith efforts to secure a witness’s attendance.
Ethical Concerns Preclude In-House Counsel’s Reinstatement
By Brian A. ZemilWisconsin Supreme Court vacates arbitration panel’s reinstatement award to former in-house counsel.
Supreme Court Clarifies Proper “Relation Back” Analysis
By William J. CantrellRule 15(c)(1)(C) analysis focuses on the knowledge of the party to be added.
Eleventh Circuit CAFA Decision Creates Uncertainty
By Elenore Cotter KlinglerDecision throws jurisdictional status of originally filed CAFA class actions into question.
D.C. Circuit Protects Attorney Work Product in Auditor Documents
By Katerina MilenkovskiWork-product protection not necessarily waived by sharing documents with auditors.
In-House Counsel’s Inactive Bar Status Causes Loss of Privilege
By Duchess HarrisBurden to verify counsel’s bar status lies with the corporation.
The Reengineering of State Court Operations
By Lindsay M. SestileNCSC report outlines potential changes that could impact litigators.
Pro Hac Vice Status Revoked after Ex Parte Contact with Opponent’s Expert Witness
By Sean T. CarnathanCourts disagree on propriety of attorneys’ conduct.
“Machine-or-Transformation Test” Rejected as Sole Test for Process Patents
By Kristine L. RobertsHigh Court split on the validity of business method patents.
Social Media Spurring Consumer Protection Litigation?
By Karen L. StevensonLitigators assess the benefits of using online social media.
Is It Time for a Federal Rule on Preservation?
By Kent A. LambertE-Discovery Panel outlines elements of a new rule on preservation.
Federal Circuit to Hear Appeal of Human Gene Patent Decision
By Kristine L. RobertsDistrict court decision may threaten patents covering thousands of human genes.
High Court Decision May Contradict Prior Statute of Limitations Ruling
By Teresa Rider BultTitle VII decision invites more intervention from Congress.
Magistrate Judges Weigh Showing Necessary for “Apex” Depositions
By John W. JoyceCEO public statements and declarations are key considerations.
Court Addresses Copyright Implications of Documents Posted on EDGAR
By Robert C. RodriguezCopyright infringement claim for resale of publicly filed documents may proceed.
Class Action Challenge to N.Y. Public Defender System Moves Forward
By Lisa R. BlissIndigent criminal defendants seek to protect right to counsel.
Diverging Views on “Ghostwriting” Documents for Pro Se Litigants
By Effie D. SilvaBench and bar weigh in on ethical pitfalls of ghostwriting.
Second Circuit Limits “Secondary Actor” Securities Claims
By Jeffrey B. TracyDecision shields secondary actors, such as outside counsel, from certain securities fraud claims.
Florida Federal Court Excludes “Advocate” Expert’s Testimony
By Brian A. ZemilExpert witnesses must remain objective and base opinions on their expertise.
High Court Refuses to Compel Class Arbitration Where Agreement Is Silent
By Anthony R. McClureClass arbitration cannot be imposed under FAA unless parties agree.
Supreme Court Sets Limits for Enhanced Fee Awards
By Sherry L. TaltonAttorneys have to work harder to obtain “enhanced” attorney fees for public interest cases.
Arizona Ethical Opinion Stresses Safety of Client Information Online
By Effie D. SilvaAttorneys must regularly review online security measures to ensure client protection.
$4.3 Million Attorney Fees Sanction Reversed
By Elenore Cotter KlinglerReaffirmation that lawyers can raise legitimate issues in a case without being sanctioned.
Eleventh Circuit Upholds Dismissal of Securities Fraud Case
By Lindsay M. SestileMotion relied on documents outside the four corners of the complaint.
Taking Judicial Notice in the Internet Age
By William J. CantrellSecond Circuit decision raises questions about Internet use and judicial notice.
Second Circuit Approves Attorney Advertising
By Sean T. CarnathanAttorney advertising cannot mislead the public or discredit the image of the profession.
Opposing Party Ordered to Pay Expert Deposition Preparation Fees
By Duchess HarrisExpert witness fees quoted for defendant different from fees quoted for plaintiff.
Supreme Court Decision Clarifies Diversity Statute’s Terminology
By Teresa Rider BultRecent decision in Hertz v. Friend may confuse statute’s underlying purpose.
Ethics Opinion Stresses Risks Associated with Temporary Attorneys
By Robert C. RodriguezEconomy forces law firms to lay off newer associates and to hire contract attorneys.
Judge Approves Bank of America—Merrill Settlement
By Jeffrey B. TracyCourt’s oversight role in approving settlements redefined, despite “half-baked justice.”
ABA Supports Retooling Immigration Court System
By Lisa R. BlissNew system would hear both trials and appeals of immigrant removal cases.
Kelley Drye Pressured to Eliminate Mandatory Retirement Policy
By Elenore Cotter KlinglerEEOC suit claimed firm's de-equitizing of partners violates the Age Discrimination Act.
Federal Circuits Split on Computer Fraud and Abuse Act
By Brian A. ZemilFederal circuit courts disagree on the meaning of “without authorization.”
Wyeth v. Levine’s Preemption Analysis Extended to Generic Drug Cases
By Karen L. StevensonFailure-to-warn claims against generic drug makers not preempted by FDA labeling statutes?
Seventh Circuit Blocks Class Action from Returning to Kansas Court
By Anthony R. McClureCourt reverses district court’s order to remand case to Kansas under home-state exception.
EEOC: Mandatory Retirement Policy Violates Age Discrimination Act
By Elenore Cotter KlinglerGovernment files suit against Kelley Drye for de-equitizing partners after age 70.
Court Reminds “Forwarding Counsel” of “Local Counsel” Duties
By William J. CantrellDelaware Court letter defines the roles of in-state and out-of-state counsel.
Pragmatism, but No Compassion in Foreclosure
By Sean T. CarnathanFlorida trial court chastised for granting continuance to homeowner.
Supreme Court Rejects Immediate Appeal of Adverse Privilege Rulings
By Kristine L. RobertsDecision adopts majority rule among circuits, raises questions about alternative remedies.
Pension Committee and the New Standards for E-Discovery Shortfalls
By Lindsay M. SestileSouthern District of New York redraws criteria for e-discovery sanctions.
Nevada Supreme Court Wades Into Media Access to Juror Questionnaires
By Katerina MilenkovskiCourt holds that press access to juror questionnaires is no invasion of privacy.
Alabama Supreme Court Overturns Fraud Verdicts Against Drug Companies
By Karen L. StevensonCourt reverses over $275 million in verdicts against companies accused of manipulating prices.
GINA: Water Cooler Cause of Action or Overdue Legislation?
By Teresa Rider BultAdvances in medical technology, genetic information carry potential for abuse.
Iowa Court Asserts Balancing Test for Foreign Intervenors in Microsoft Case
By Kent A. LambertPlaintiffs in Canadian suits granted access to documents produced, under a protective order, in Iowa case.
Prosecutorial Misconduct Leads to Dismissal of Broadcom Criminal Charges
By Henry R. ChalmersIntimidation of witnesses deprives defendants of their Sixth Amendment rights.
Decisions Reflect Limitations of Evidence Obtained from Internet
By Robert C. RodriguezUse of evidence from social networking sites presents admissibility issues.
Examining the Feasibility of a National Uniform Bar Exam
By Tiffany M. WilliamsResurgence of interest in national exam sparks debate in legal community.
Restrictions on Legal Aid Organizations Do Not Violate First Amendment
By Lisa R. BlissNinth Circuit upholds restrictions on legal aid organizations receiving LSC funds.
Eleventh Circuit Excludes Attorney Fees from Money Laundering Statute
By Sherry L. TaltonDecision in U.S. v. Velez, et al. shields attorneys from criminal prosecution under 1988 law.
Court Rejects Bank of America–Merrill Settlement, Changes Securities Landscape
By Jeffrey B. TracySEC case pulls courts further into executive pay scandals in wake of financial crisis.
Arizona Declares Metadata Fair Game for Open Records Requests
By Elenore Cotter KlinglerState supreme court overturns court of appeals decision that metadata is not public record.
Eighth Circuit Upholds Class-Action Waiver
By Anthony R. McClureCourt reverses district court’s holding that Chase Bank’s class-action waiver was substantively and procedurally unconscionable.
Ethics Advisory Opinion Requires Attorneys to Police Web-Based Profiles
By Brian A. ZemilSouth Carolina Bar’s Ethics Advisory Committee expands traditional ethics rules to world of web-based ratings services.
Is Medical Malpractice Reform Working?
By Lindsay M. SestileWashington Supreme Court's recent decision in Putman v. Wenatchee Valley Med. Ctr. has medical malpractice practitioners questioning future of reform.
ABA Section of Litigation to Recommend Changes to Federal Rules
By Jeffrey B. TracySection, Advisory Committee for Civil Rules take comprehensive look at federal civil litigation system.
Are Greenhouse Gas Emissions a Public Nuisance?
By Katerina MilenkovskiSecond and Fifth Circuit courts allows significant climate change cases to proceed.
Attorney-Client Privilege Issues Challenge Corporate Investigations
By Henry R. ChalmersUnited States v. Ruehle serves as stern warning for joint representation.
Protecting Common Interest from Imputed Disqualification
By Tiffany M. Williams"Common-interest” privilege parameters still being defined.
Judge Denies Motion and Redlines Mistakes
By Sean T. CarnathanAttorney ordered to show corrected version of sloppy motion to his client.
Practical Advice for Lawyers Dealing with Slow-Paying Clients
By Katherine W. WittenbergImplementing good business practices, insisting on payment yield positive results.
FTC Barred from Applying Red Flags Privacy Rule to Lawyers
By Lindsay M. SestileABA prevails in federal suit against FTC; lawyers exempt from creditor status.
Ibarra Reveals Limits to Woodshedding of Witnesses
By Teresa Rider BultFifth Circuit decision sends strong reminder that witness preparation carries risks.
Motions to Compel ESI Denied in Two Recent Decisions
By Michael D. BermanJudges take more active role weighing discovery costs against the needs of the cases.
Work-Product Protection Denied to Tax Accrual Workpapers
By Robert C. RodriguezFirst Circuit throws the law of work-product protection into disarray.
States Weigh Disclosure of Liability Insurance Status to Clients
By Lisa R. BlissProfessional liability disclosure rules for lawyers reveal diverging trends among states.
Support Programs Spring from Post-Katrina New Orleans
By Kent A. LambertSOLACE and HELP programs bridge gaps between lawyers and those in need.
Court Construes Exception to Psychotherapist-Patient Privilege
By Sherry L. TaltonLitigators, plaintiffs should take heed of district court assertion of “patient-litigant” waiver.
RICO Class Action Controversy Continues
By Kent A. LambertPetition for certoriari filed to challenge Eleventh Circuit decision in Williams v. Mohawk Industries.
Approaches to E-Discovery Rules Vary from State to State
By Elenore Cotter KlinglerWhile many states forge ahead with their own e-discovery laws, others are taking a “wait-and-see” approach.
Holey Footwear Delays Resolution of Florida Case
By Brian A. Zemil“Ruse” to appear “humble and simple” triggers motion to compel defense counsel to wear appropriate shoes.
Third Circuit Finds Rejected Settlement Offers a Factor in Fee Awards
By Effie D. SilvaEvidence of failed settlement negotiations may be used to measure attorney fees.
Second Circuit Rules Hacking May Violate Rule 10b-5
By Karen L. StevensonComputer hacking may be next frontier in civil enforcement under Securities and Exchange Act.
Attorney-Client Privilege Trumps Workplace Computer Data Regulations
By Sean T. CarnathanNJ decision suggests privilege outweighs employer interests.
Magistrate Judge Orders Jail Time for Voir Dire Question
By Anthony R. McClureFederal district court issues harsh sanctions for violation of in limine order.
“Clerk-Loaning” Program Sparks Ethical Debate
By Duchess HarrisMA decision allows law firms to pay future associates to take volunteer clerkships.
Social Networking Sites Carry Ethics Traps and Reminders
By Tiffany M. WilliamsRules of professional responsibility apply to social networking sites.
Supreme Court Vindicates Reverse Discrimination Claim
By Kristine L. RobertsDivided ruling highlights future battles in disparate-impact cases.
Future of Mandatory Arbitration of Consumer Disputes in Doubt
By Henry R. ChalmersEfforts are underway to reign in or prohibit mandatory arbitration agreements.
Courts Restrict Suits Against Insurers under Consumer Rights Laws
By Effie D. SilvaNew regulation may interfere with balance of interests overseen by insurance departments.
Specialized Courts Continue to Take Hold
By Amy G. DoehringStates implementing courts dedicated to resolving complex litigation cases.
Environmental Groups Come up Short in Latest Supreme Court Term
By Katerina MilenkovskiHigh Court sides with businesses and/or the government in five cases.
U.S. Supreme Court Defines “Probability of Bias” Standard
By Jeffrey B. TracyRecusal required by judges who accept campaign contributions from litigants who appear before them.
Starbucks Reversal Stirs Employment Law Community
By Teresa Rider BultEighty-six-million-dollar reversal leaves questions regarding employee tip sharing.
Blawgers Eye Ruling as Protection from Advertising Proscription
By Matthew A. GoldbergNew York Appeals Court reverses decision causing great concern among legal writing community.
Managing Emails, Online News, and Social Networking
By Shanya DingleUsing tools, skills to manage emails and online information allows lawyers to work smarter.
Courts Wrangle with Twittering by Jurors
By Duchess HarrisCourts respond to twittering in jury boxes by “outlawing” social networking activity.
Can Email Create Personal Jurisdiction over a Foreign Defendant?
By Katherine W. WittenbergFourth Circuit decision highlights importance of forum selection.
Using the Internet to Save on Legal Research Costs
By Lisa R. BlissProliferation of legal materials online offers promise of reduced research expenses.
Federal Judges Try Again for Cost-of-Living Raises
By Brian A. ZemilCourt of Federal Claims case revives debate over salaries, quality of federal judiciary.
Economy Renews Billable Hour Debate
By Sherry L. TaltonClients and firms look for alternative fee arrangements to reduce legal expenses.
First Circuit Rejects Webcasting of Civil Hearing
By Anthony R. McClureLocal rule precludes district court from permitting civil hearing to be broadcast via webcast.
Eighth Circuit Reassigns Judge, Reverses Dismissal
By Kristine L. RobertsJudge’s remarks in discovery-sanction dismissal created appearance of partiality.
Supreme Court Reverses Second Circuit Decision in FCC v. Fox TV
By Elenore Cotter KlinglerFleeting expletives on broadcast television are subject to sanction, at least for now.
Ninth Circuit Rejects Pre-Agreed Sliding Scale Incentive Awards
By Karen L. StevensonPrearranged incentives for named class plaintiffs push ethical and procedural boundaries.
Communications Between Law Firm and Former Broadcom CFO Suppressed
By Kristine L. RobertsDecision highlights perils of joint representation of corporations and employees.
Is Justice Denied a Shortcut to Anarchy?
By Katerina Milenkovski and Mary S. DiemerState courts funding crisis continues to result in postponed trials, hampering access to justice.
EPA Proposes Regulation of Greenhouse Gases under Clean Air Act
By Katerina MilenkovskiFollowing recent U.S. Supreme Court ruling, agency issues proposed endangerment finding.
Delaware High Court Issues Game-Changer on Fiduciary Duty
By Sean T. CarnathanCould decision eliminate claims against corporate boards for violating duty of good faith?
Texas Supreme Court Prodigy Decision to Affect Insurance Claims?
By Lindsay M. SestileNotice “as soon as practicable” does not defeat coverage in absence of prejudice to insurer.
Maryland Court Limits Internet Anonymity in Defamation Cases
By Kent A. LambertGuidance threatens rights of web users anonymously posting defamatory online comments.
New Florida Ruling Raises Questions on Attorney Ethics
By Teresa Rider BultDecision allowing attorneys to file actions against former corporate clients pending appeal.
Seventh Circuit Applies Discovery Rule to Claim for Civil Penalty
By Amy G. DoehringRuling marks Seventh Circuit's departure from holdings of other circuit courts.
Maine Court Sounds Death Knell for Service by Publication
By Matthew A. GoldbergDecision based on decline of print newspapers, rise of Internet-based communication.
Supreme Court Limits Federal Jurisdiction to Compel Arbitration
By Henry R. ChalmersJurisdiction applies to plaintiff state court claims, not defendant counter claims.
Global Accounting Firms May Face Liability for Foreign Affiliates
By Karen L. StevensonDeloitte denied summary judgment in securities class action.
Southern District of Florida Online Once Again
By Effie SilvaRevised order simplifies public access to criminal plea agreements.
Metadata Uncertainty Extends to Public Records Law
By Elenore Cotter KlinglerAppeals court decision increases complexity of metadata retention.
Lawyers Heed Call to Volunteer Pro Bono Service
By Lisa R. BlissImpact of economic downturn creates opportunities for lawyers to serve.
Attorney-Client Privilege Extends Beyond Payroll
By Brian A. ZemilRuling emphasizes function over form for privilege issues.
Seventh Circuit Holds That CAFA Trumps Securities Act
By Sherry L. TaltonPotential conflict between circuits leaves litigators in need of guidance.
Courts Question Viability of Class Action Waivers
By Anthony R. McClureDecisions deal blow to arbitration clauses prohibiting class actions.
Judicial Elections Continue Under Fire
By Kent A. LambertPanel lead by O’Connor makes case for merit selection of judges.
Computers to Replace Lawyers? Not Yet
By Duchess HarrisNew digital landscape creates challenges, opportunities for lawyers.
Siemens Rethinks Bribery as a Business Strategy
By Michael D. BermanFCPA-related fine smashes existing record by factor of ten or more.
Model Rule 1.10 Amendments Affect Lateral Moves
By Jeffrey B. TracyAmendment raises concern over lack of need for client consent.
Third Circuit Raises Bar for Class Certification
By Kristine L. RobertsCourt clarifies “rigorous analysis” required of district judges.
Strategic, Ethical Implications Accompany Bankruptcy Filings
By Katherine W. WittenbergEconomic tremors prime bankruptcy-filing avalanche for 2009.
Court Hits Pause in Case Involving Internet Video of Deposition
By Sean T. CarnathanFirst Amendment, jury pool issues surround Texas consumer fraud claim.
Courts Continue Defining Scope of Arbitration Clause Survivability
By Henry R. ChalmersEnforcing arbitration provisions after contract expiration is limited to labor contracts.
Appellate Court Affirms Sanction for Violating Protective Order
By Jeffrey B. TracySanctions upheld against lawyer for informing client about trade secrets.
Court Denies Review of Use of Victim Impact Videos
By Amy G. DoehringDenial of certiorari leaves questions surrounding technology and evidence.
Court Finds Cooperation in Discovery to Be an Ethical Obligation
By Michael D. BermanFollowing ethical principles can also be economically advantageous.
In-House Ethics Counsel Guidance Cuts Both Ways
By Teresa Rider BultABA ethics opinion provides guidance for large firms on role of in-house ethics counsel.
Federal Circuit Applies Volkswagen to Patent Case
By Sherry L. TaltonDecision could ease venue transfers out of Eastern District of Texas “rocket docket.”
Supreme Court Weighs Judicial Recusal for Campaign Contributions
By Henry R. ChalmersJustices review impact of costly judicial elections on appearance of justice.
What to Do When Your Firm Implodes
By Katerina MilenkovskiAmid economic uncertainty and firm closures, attorney ethical duties to client and firm persist.
Court Finds No Subject Matter Jurisdiction in “Foreign-Cubed” Cases
By Karen L. StevensonSecond Circuit sidesteps case involving foreign-based transactions.
ADA Amendments Expand Definition of “Disabled”
By Teresa Rider BultADA Amendments Act of 2008 dramatically alters legal landscape for disability claims.
Court Disqualifies Firm Offering Services Free to Witnesses
By Brian A. ZemilNew York state court finds firm’s conduct an improper attempt to thwart discovery.
Conflict-of-Interest Rules to Be Reconsidered
By Jeffrey B. TracyProposed amendment to Model Rule of Professional Conduct 1.10 makes rounds, again.
Second Circuit Refuses To Vacate Attorney Sanctions
By Anthony R. McClureCourt of appeals decision underscores risks of conditional settlement agreements.
Federal Circuit Creates New Test for Business Method Patents
By Matthew A. GoldbergWith Bilski, Federal Circuit formally rejects own prevailing BMP eligibility test.
Poll Finds Voters Uninformed About Judicial Selection
By Elenore Cotter KlinglerAmericans want meaningful role in judicial selection, but many lack basic information about the process.
Retrial Set for Case Involving Questions of Judicial Impropriety
By Sean T. CarnathanNew Jersey Supreme Court's stern remedy a warning to both lawyers and judges.
FDA’s New Labeling Rule Adds Fuel to Preemption Fire
By Teresa Rider BultPreemption of state tort law, public safety controversies surround new rule.
Fifth Circuit Grants Venue Transfer in Closely Watched Case
By Sherry L. TaltonDecision in Eastern District of Texas case may increase number of change of venue motions filed.
Seventh Circuit Jury Project Confirms Innovations
By Katherine W. WittenbergProgram upholds ABA American Jury Project best practices.
ABA Ethics Opinion Guides Lawyers in Outsourcing
By Lisa R. BlissOutsourced legal work saves money, carries additional responsibilities.
Open Source Software Licenses Held Enforceable
By Matthew A. GoldbergFederal Circuit decision allows significant new remedies to open source copyright holders.
Do Defendants Speak with One Voice In Reverse-Batson Challenge?
By Brian A. ZemilSecond Circuit grapples with issues surrounding discriminatory intent.
Clients Step up Diversity Monitoring
By Katherine A. WittenbergCorporations increasingly demand, track diversity of outside counsel.
Eleventh Circuit Adopts Last Served Defendant Rule for Removal
By Amy G. DoehringEleventh Circuit decision based on view that last-served defendant rule is supported by High Court.
FASB to Expand Requirements for Disclosure of Loss Contingencies
By Anthony R. McClureControversial amendments to provide more transparency in financial statements.
Kosovo Training Strikes Blow Against Human Trafficking
By Elenore Cotter KlinglerMandatory confiscation of criminal assets laws act as new tool to combat trafficking.
President Signs Bill Creating New Evidence Rule
By Kristine L. RobertsNew Rule 502, backed by the Section, promotes consistent treatment of privilege waivers.
Multijurisdictional Practice—Trap for the Unwary
By Effie SilvaLitigators need to be mindful of ethical obligations in nonlocal jurisdictions.
Court Orders Daubert Hearing as Part of Class Certification Analysis
By Sean T. CarnathanTrend toward ordering full evidentiary hearings in the class certification stage emerges across the country.
DOJ Amnesty Agreements Could Be Subject To Public Disclosure
By Sherry L. TaltonAmnesty agreements made by Antitrust Division may be subject to disclosure under FOIA.
Proposed Amendments to Rule 26(a)(2) Expand Expert Disclosures
By Karen L. StevensonProposed amendments to Federal Rule of Civil Procedure 26 now open for public comment.
Court Reverses Sanctions Ordered Over Client Credibility Assessment
By Kristine L. RobertsA recent ruling by a Washington state appeals court highlights the ethical issues to evaluating a client’s credibility.
High Court Rejects Arbitration Agreements That Expand Judicial Review
By Henry R. ChalmersParties can't go beyond the grounds explicitly enumerated in the Federal Arbitration Act to vacate, modify, or correct an arbitration award.
Supreme Court Curbs Punitive Damages Again
By Douglas E. MotzenbeckerAs a matter of federal maritime common law, courts must now apply a 1:1 ratio between punitive and compensatory damages.
Cost Control Shifts More Legal Work In-House
By Katerina MilenkovskiAlmost half of the chief legal officers surveyed say they plan to hire more in-house lawyers.
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