Features
My 'Friend,' the Judge
Is it permissible for a judge to become friends on a social media site with lawyers who appear before the judge? The comments to the rule do not address the issue, and there is disagreement among ethics committees in the various states with respect to this specific question.
Features
Five Tips for Avoiding Settlement Traps
When a lawsuit is settled, the clients cut a deal, the legal gladiators lay down their briefs, and everyone breathes a sigh of relief. But is that sigh premature?
Features
Practice Pointers for Working with Expert Witnesses in Bankruptcy Court
This article provides some examples of how expert witnesses are used in bankruptcy court, and an overview of some issues that practitioners should be mindful of when working with experts in bankruptcy court.
Features
Practice Tip: Spoliation and the 'Bad Faith' Requirement
This article underscores the necessity of understanding the importance of preserving evidence given the jurisdictional differences in spoliation law.
Features
Navigating the Stream of Commerce in the Wake of Nicastro
What is required to establish the minimum contacts necessary to exert specific personal jurisdiction over a foreign defendant in a forum state?
Features
Electronic Handheld Devices
There are substantial legal risks associated with requiring employees to carry electronic handheld devices. Here's what employers need to do.
Features
Independent Contractor Classification
The classification of independent contractors is garnering increased attention at both state and federal agencies and courts. This article outlines some general guidelines based on recent state and federal court decisions.
Features
Business Crimes Hotline
Analysis of two separate decisions of note.
Features
When Taking Proprietary Information Is Not a Crime
In back-to-back decisions, the Ninth and Second circuits interpreted three different federal statutes '' the CFAA, the NSPA, EEA '' in ways that narrowed federal prosecutors'' ability to charge former employees for stealing proprietary information from their companies.
Features
ERISA Class Certification in The Wake of Dukes And Amara
The U.S. Supreme Court issued two starkly different decisions in 2011 that together will shape (and, indeed, have already shaped) the analysis that courts must employ in determining whether to certify ERISA class actions.
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