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Top Stories Archive

 

FTC Barred from Applying Red Flags Privacy Rule to Lawyers

By Lindsay M. Sestile

ABA prevails in federal suit against FTC; lawyers exempt from creditor status.

 

Ibarra Reveals Limits to Woodshedding of Witnesses

By Teresa Rider Bult

Fifth Circuit decision sends strong reminder that witness preparation carries risks.

 

Motions to Compel ESI Denied in Two Recent Decisions

By Michael D. Berman

Judges take more active role weighing discovery costs against the needs of the cases.

 

Work-Product Protection Denied to Tax Accrual Workpapers

By Robert C. Rodriguez

First Circuit throws the law of work-product protection into disarray.

 

RICO Class Action Controversy Continues

By Kent A. Lambert

Petition for certiorari filed to challenge much discussed Eleventh Circuit decision in Williams v. Mohawk Industries.

 

States Weigh Disclosure of Liability Insurance Status to Clients

By Lisa R. Bliss

Professional liability disclosure rules for lawyers reveal diverging trends among states.

 

Support Programs Spring from Post-Katrina New Orleans

By Kent A. Lambert

SOLACE and HELP programs bridge gaps between lawyers and those in need.

 

Court Construes Exception to Psychotherapist-Patient Privilege

By Sherry L. Talton

Litigators, plaintiffs should take heed of district court assertion of “patient-litigant” waiver.

 

RICO Class Action Controversy Continues

By Kent A. Lambert

Petition 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 Klingler

While 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. Silva

Evidence of failed settlement negotiations may be used to measure attorney fees.

 

Second Circuit Rules Hacking May Violate Rule 10b-5

By Karen L. Stevenson

Computer hacking may be next frontier in civil enforcement under Securities and Exchange Act.

 

Attorney-Client Privilege Trumps Workplace Computer Data Regulations

By Sean T. Carnathan

NJ decision suggests privilege outweighs employer interests.

 

Magistrate Judge Orders Jail Time for Voir Dire Question

By Anthony R. McClure

Federal district court issues harsh sanctions for violation of in limine order.

 

“Clerk-Loaning” Program Sparks Ethical Debate

By Duchess Harris

MA decision allows law firms to pay future associates to take volunteer clerkships.

 

Social Networking Sites Carry Ethics Traps and Reminders

By Tiffany M. Williams

Rules of professional responsibility apply to social networking sites.

 

Supreme Court Vindicates Reverse Discrimination Claim

By Kristine L. Roberts

Divided ruling highlights future battles in disparate-impact cases.

 

Future of Mandatory Arbitration of Consumer Disputes in Doubt

By Henry R. Chalmers

Efforts are underway to reign in or prohibit mandatory arbitration agreements.

 

Courts Restrict Suits Against Insurers under Consumer Rights Laws

By Effie D. Silva

New regulation may interfere with balance of interests overseen by insurance departments.

 

Specialized Courts Continue to Take Hold

By Amy G. Doehring

States implementing courts dedicated to resolving complex litigation cases.

 

Environmental Groups Come up Short in Latest Supreme Court Term

By Katerina Milenkovski

High Court sides with businesses and/or the government in five cases.

 

U.S. Supreme Court Defines “Probability of Bias” Standard

By Jeffrey B. Tracy

Recusal required by judges who accept campaign contributions from litigants who appear before them.

 

Starbucks Reversal Stirs Employment Law Community

By Teresa Rider Bult

Eighty-six-million-dollar reversal leaves questions regarding employee tip sharing.

 

Blawgers Eye Ruling as Protection from Advertising Proscription

By Matthew A. Goldberg

New York Appeals Court reverses decision causing great concern among legal writing community.

 

Managing Emails, Online News, and Social Networking

By Shanya Dingle

Using tools, skills to manage emails and online information allows lawyers to work smarter.

 

Courts Wrangle with Twittering by Jurors

By Duchess Harris

Courts respond to twittering in jury boxes by “outlawing” social networking activity.

 

Can Email Create Personal Jurisdiction over a Foreign Defendant?

By Katherine W. Wittenberg

Fourth Circuit decision highlights importance of forum selection.

 

Using the Internet to Save on Legal Research Costs

By Lisa R. Bliss

Proliferation of legal materials online offers promise of reduced research expenses.

 

Federal Judges Try Again for Cost-of-Living Raises

By Brian A. Zemil

Court of Federal Claims case revives debate over salaries, quality of federal judiciary.

 

Economy Renews Billable Hour Debate

By Sherry L. Talton

Clients and firms look for alternative fee arrangements to reduce legal expenses.

 

First Circuit Rejects Webcasting of Civil Hearing

By Anthony R. McClure

Local rule precludes district court from permitting civil hearing to be broadcast via webcast.

 

Eighth Circuit Reassigns Judge, Reverses Dismissal

By Kristine L. Roberts

Judge’s remarks in discovery-sanction dismissal created appearance of partiality.

 

Supreme Court Reverses Second Circuit Decision in FCC v. Fox TV

By Elenore Cotter Klingler

Fleeting expletives on broadcast television are subject to sanction, at least for now.

 

Ninth Circuit Rejects Pre-Agreed Sliding Scale Incentive Awards

By Karen L. Stevenson

Prearranged incentives for named class plaintiffs push ethical and procedural boundaries.

 

Communications Between Law Firm and Former Broadcom CFO Suppressed

By Kristine L. Roberts

Decision highlights perils of joint representation of corporations and employees.

 

Is Justice Denied a Shortcut to Anarchy?

By Katerina Milenkovski and Mary S. Diemer

State 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 Milenkovski

Following recent U.S. Supreme Court ruling, agency issues proposed endangerment finding.

 

Delaware High Court Issues Game-Changer on Fiduciary Duty

By Sean T. Carnathan

Could decision eliminate claims against corporate boards for violating duty of good faith?

 

Texas Supreme Court Prodigy Decision to Affect Insurance Claims?

By Lindsay M. Sestile

Notice “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. Lambert

Guidance threatens rights of web users anonymously posting defamatory online comments.

 

New Florida Ruling Raises Questions on Attorney Ethics

By Teresa Rider Bult

Decision allowing attorneys to file actions against former corporate clients pending appeal.

 

Seventh Circuit Applies Discovery Rule to Claim for Civil Penalty

By Amy G. Doehring

Ruling marks Seventh Circuit's departure from holdings of other circuit courts.

 

Maine Court Sounds Death Knell for Service by Publication

By Matthew A. Goldberg

Decision based on decline of print newspapers, rise of Internet-based communication.

 

Supreme Court Limits Federal Jurisdiction to Compel Arbitration

By Henry R. Chalmers

Jurisdiction applies to plaintiff state court claims, not defendant counter claims.

 

Global Accounting Firms May Face Liability for Foreign Affiliates

By Karen L. Stevenson

Deloitte denied summary judgment in securities class action.

 

Southern District of Florida Online Once Again

By Effie Silva

Revised order simplifies public access to criminal plea agreements.

 

Metadata Uncertainty Extends to Public Records Law

By Elenore Cotter Klingler

Appeals court decision increases complexity of metadata retention.

 

Lawyers Heed Call to Volunteer Pro Bono Service

By Lisa R. Bliss

Impact of economic downturn creates opportunities for lawyers to serve.

 

Attorney-Client Privilege Extends Beyond Payroll

By Brian A. Zemil

Ruling emphasizes function over form for privilege issues.

 

Seventh Circuit Holds That CAFA Trumps Securities Act

By Sherry L. Talton

Potential conflict between circuits leaves litigators in need of guidance.

 

Courts Question Viability of Class Action Waivers

By Anthony R. McClure

Decisions deal blow to arbitration clauses prohibiting class actions.

 

Judicial Elections Continue Under Fire

By Kent A. Lambert

Panel lead by O’Connor makes case for merit selection of judges.

Computers to Replace Lawyers? Not Yet

By Duchess Harris

New digital landscape creates challenges, opportunities for lawyers.

Siemens Rethinks Bribery as a Business Strategy

By Michael D. Berman

FCPA-related fine smashes existing record by factor of ten or more.

Model Rule 1.10 Amendments Affect Lateral Moves

By Jeffrey B. Tracy

Amendment raises concern over lack of need for client consent.

 

Third Circuit Raises Bar for Class Certification

By Kristine L. Roberts

Court clarifies “rigorous analysis” required of district judges.

 

Strategic, Ethical Implications Accompany Bankruptcy Filings

By Katherine W. Wittenberg

Economic tremors prime bankruptcy-filing avalanche for 2009.

Court Hits Pause in Case Involving Internet Video of Deposition

By Sean T. Carnathan

First Amendment, jury pool issues surround Texas consumer fraud claim.

Courts Continue Defining Scope of Arbitration Clause Survivability

By Henry R. Chalmers

Enforcing arbitration provisions after contract expiration is limited to labor contracts.

Appellate Court Affirms Sanction for Violating Protective Order

By Jeffrey B. Tracy

Sanctions upheld against lawyer for informing client about trade secrets.

Court Denies Review of Use of Victim Impact Videos

By Amy G. Doehring

Denial of certiorari leaves questions surrounding technology and evidence.

Court Finds Cooperation in Discovery to Be an Ethical Obligation

By Michael D. Berman

Following ethical principles can also be economically advantageous.

In-House Ethics Counsel Guidance Cuts Both Ways

By Teresa Rider Bult

ABA ethics opinion provides guidance for large firms on role of in-house ethics counsel.

Federal Circuit Applies Volkswagen to Patent Case

By Sherry L. Talton

Decision could ease venue transfers out of Eastern District of Texas “rocket docket.”

Supreme Court Weighs Judicial Recusal for Campaign Contributions

By Henry R. Chalmers

Justices review impact of costly judicial elections on appearance of justice.

What to Do When Your Firm Implodes

By Katerina Milenkovski

Amid 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. Stevenson

Second Circuit sidesteps case involving foreign-based transactions.

ADA Amendments Expand Definition of “Disabled”

By Teresa Rider Bult

ADA Amendments Act of 2008 dramatically alters legal landscape for disability claims.

Court Disqualifies Firm Offering Services Free to Witnesses

By Brian A. Zemil

New York state court finds firm’s conduct an improper attempt to thwart discovery.

Conflict-of-Interest Rules to Be Reconsidered

By Jeffrey B. Tracy

Proposed amendment to Model Rule of Professional Conduct 1.10 makes rounds, again.

Second Circuit Refuses To Vacate Attorney Sanctions

By Anthony R. McClure

Court of appeals decision underscores risks of conditional settlement agreements.

Federal Circuit Creates New Test for Business Method Patents

By Matthew A. Goldberg

With Bilski, Federal Circuit formally rejects own prevailing BMP eligibility test.

Poll Finds Voters Uninformed About Judicial Selection

By Elenore Cotter Klingler

Americans 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. Carnathan

New 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 Bult

Preemption of state tort law, public safety controversies surround new rule.

Fifth Circuit Grants Venue Transfer in Closely Watched Case

By Sherry L. Talton

Decision in Eastern District of Texas case may increase number of change of venue motions filed.

Seventh Circuit Jury Project Confirms Innovations

By Katherine W. Wittenberg

Program upholds ABA American Jury Project best practices.

ABA Ethics Opinion Guides Lawyers in Outsourcing

By Lisa R. Bliss

Outsourced legal work saves money, carries additional responsibilities.

Open Source Software Licenses Held Enforceable

By Matthew A. Goldberg

Federal Circuit decision allows significant new remedies to open source copyright holders.

Do Defendants Speak with One Voice In Reverse-Batson Challenge?

By Brian A. Zemil

Second Circuit grapples with issues surrounding discriminatory intent.

Clients Step up Diversity Monitoring

By Katherine A. Wittenberg

Corporations increasingly demand, track diversity of outside counsel.

Eleventh Circuit Adopts Last Served Defendant Rule for Removal

By Amy G. Doehring

Eleventh 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. McClure

Controversial amendments to provide more transparency in financial statements.

Kosovo Training Strikes Blow Against Human Trafficking

By Elenore Cotter Klingler

Mandatory confiscation of criminal assets laws act as new tool to combat trafficking.

President Signs Bill Creating New Evidence Rule

By Kristine L. Roberts

New Rule 502, backed by the Section, promotes consistent treatment of privilege waivers.

Multijurisdictional Practice—Trap for the Unwary

By Effie Silva

Litigators need to be mindful of ethical obligations in nonlocal jurisdictions.

Court Orders Daubert Hearing as Part of Class Certification Analysis

By Sean T. Carnathan

Trend 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. Talton

Amnesty 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. Stevenson

Proposed amendments to Federal Rule of Civil Procedure 26 now open for public comment.

Court Reverses Sanctions Ordered Over Client Credibility Assessment

By Kristine L. Roberts

A 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. Chalmers

Parties 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. Motzenbecker

As 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 Milenkovski

Almost half of the chief legal officers surveyed say they plan to hire more in-house lawyers.