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Practice Areas Archive

Alternative Dispute Resolution »

Federal Question Jurisdiction Raised Only in Counterclaims

By David B. Collier

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.

Class Actions »

Closer Scrutiny for Fee Awards in Claims Made Settlement

By Ashley Vinson and Teresa Wang

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

 

Courts Must Resolve “Dueling” Expert Testimony

By Margaret Lyle and Andrew Wirmani

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

By Roger K. Smith

Location, 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. Larkin

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

 

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

By Julie Cantor

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

 

commercial & business »

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. Silberman

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

Corporate Counsel »

Double Damages Ordered for Unlawful FMLA Firing

By Randi Klein Hyatt

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

By Mitchell L. Marinello

Depending on strategy, arbitration can be economical or costly.

 

criminal litigation »

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 »

Supreme Court Rewrites Employment Standards

By Lou Michels

"Pro-employer" decisions sharply redefine procedure for discrimination lawsuits.

Mass Torts »

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 »

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.

 

professional liability »

50-State Survey of Legal Malpractice Law

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

Securities »

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.

 

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 »

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.