LJN Newsletters

  • Proactive Preparation of Defense of Post-Recall Litigation

    After a pharmaceutical or medical device manufacturer initiates a recall, its duties pursuant to FDA laws and guidelines do not end there. The FDA has set out certain responsibilities and steps that a manufacturer must or should follow after initiating a recall. Pharmaceutical and medical device manufacturers, however, can effectively combine their post-recall duties and responsibilities with a proactive preparation of a defense of potential litigation.

    August 25, 2009Lori Cohen and Christiana C. Jacxsens

  • The Call No Attorney Wants to Make

    When should an attorney confess his mistakes to those he fights for? The answer is not always easy, and a lawyer's inclination to admit wrongdoings might depend on how he perceives a client.

    August 25, 2009Ralph Ferrara

  • Invest in Next Gen X Leaders Now!

    It certainly seems like investing in next generation leaders, to engage them in making them the best they can be, needs to be a high and urgent priority for any law firm that intends to survive and thrive now and in "the new normal." Here's how.

    August 25, 2009Phyllis Weiss Haserot

  • Mentoring Tomorrow's Law Firm Leaders

    In today's tepid economy, maintaining client services is sometimes off balance with the skillful practice of law or the recruitment of new talent; the defining dynamic frequently falls on the shoulders of firm leadership. These fundamental concepts needn't be compartmentalized. This delicate balance deserves a dialog with all firm members and firm clients.

    August 25, 2009Paula Campbell

  • Redaction on Pricing Legal Services

    The article herein takes the discussion of alternative billing a step further with information from Association of Corporate Counsel (ACC). How does a law firm or in-house counsel do it and what steps can taken to create a competitive advantage with alternative billing?

    August 25, 2009William C. Cobb

  • Putting Out the Fire Created by Ricci

    The Ricci decision is a reminder for all employers: Employment decisions cannot be made based on race, regardless of whatever good intentions the employer may have. Even though the Court confirmed that employers can take "affirmative efforts to ensure that all groups have a fair opportunity to apply for promotions and to participate in the process by which promotions will be made," the actual decisions cannot be tainted by racial consideration.

    August 25, 2009Patricia Anderson Pryor

  • The Employee's Perspective

    In her dissenting opinion in Ricci v. DeStefano, Justice Ruth Bader Ginsburg posited that the disparate impact theory has been central to effective enforcement of Title VII for decades. On June 29, 2009, the Court took a step backwards on the path toward fulfilling Title VII's promise of equal opportunity.

    August 25, 2009Sarah C. Crawford

  • Statistical Lessons of Ricci

    The Supreme Court's decision in Ricci v. De Stefano has already garnered a great deal of attention from lawyers, political pundits, and Supreme Court watchers. While the statistical issues got almost no attention in the decision from either side, there are important statistical currents in Ricci that are worthy of further attention.

    August 25, 2009Jonathan Falk

  • Supreme Court Issues Controversial Decision

    Special Issue: In Ricci v. DeStefano, decided on June 29, 2009, the Supreme Court ruled that "race-based action like the City's in this case is impermissible under Title VII unless the employer can demonstrate a strong basis in evidence that, had it not taken the action, it would have been liable under the disparate-impact statute." The article herein, and this entire issue, examines this ruling.

    August 25, 2009Daniel P. Westman

  • Legal Holds: Get Them in Writing

    In-house counsel and their outside counterparts routinely struggle with the problem of when and how to issue legal hold notices. When is litigation reasonably anticipated? Who should get the notice? Should the notice be tailored to the case or based on a rigid template? One question that should have a consistent answer is whether the notice should be in writing.

    August 25, 2009Dennis R. Kiker