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Global Warming Litigation
In-house counsel and executives within the railroad, logistics, and transportation industries need to be aware of an increasing likelihood of litigation-related to global warming. In the wake of the U.S. Supreme Court's 2007 decision in Massachusetts v. EPA, suits have been filed seeking to impose liability on companies whose activities emit carbon dioxide. As additional suits arise, they will doubtless reach companies in the oil, electric power, auto, and railroad sectors.
These developments raise an important question: Are companies in transportation-related fields adequately prepared for the acceleration of climate change-based tort cases that their industry will likely encounter in the near future? The theories of liability for contributing to global warming are still being developed, and with the vast array of factors that may contribute to climate change, issues of causation may seem insuperable. But the perception that the White House and Congress have not taken adequate measures to confront global warming may stoke interest in turning to the judicial system for relief. The potentially calamitous impact of climate change means that liability could be enormous, which gives inventive plaintiffs' lawyers great incentive to formulate a colorable legal theory. Climate change will also test the U.S. court system's ability to manage a new brand of complex litigation characterized by difficult scientific issues, burdensome numbers of litigants, and novel liability theories.
Law Firms are Reducing Redundant Real Estate by Bringing Support Services Back to the Office
A trend analysis of the benefits and challenges of bringing back administrative, word processing and billing services to law offices.
Bit Parts
Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
Disconnect Between In-House and Outside Counsel
'Disconnect Between In-House and Outside Counsel is a continuation of the discussion of client expectations and the disconnect that often occurs. And although the outside attorneys should be pursuing how inside-counsel actually think, inside counsel should make an effort to impart this information without waiting to be asked.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.