Practice Points

2018

D&O Fiduciary Duties During Insolvency
By Sara Ann Brown – August 30, 2018
Where available, derivative actions are a powerful tool that allow creditors to look beyond their debtor, when insolvency has left them holding the bag.

Tips for Protecting Your Trade Secrets When Dealing with the Government
By Christian L. Hawthorne – August 10, 2018
We've all been there. Learn how to deal with the fallout.

Best Practices for Missing a Filing Deadline in Federal Court
By Daniel R. Cooper – July 11, 2018
We've all been there. Learn how to deal with the fallout.

Tips for Addressing Crime-Fraud Exception to the Attorney-Client Privilege in Civil Cases
By Fritz Riesmeyer and Emily Crane – June 24, 2018
It is important to understand the reasoning behind this exception to the privilege, using federal law as a guide.

Tips for Determining Damages for Breach of Fiduciary Duty
By Christina M. Carroll – April 30, 2018
Assessing the damages available for a claim for breach of fiduciary duty requires that a litigant carefully consider the question of which state’s law will apply to a breach of fiduciary duty claim.

Finding Needles in the Haystack: E-Discovery Search Technologies and How to Use Them, Part II
By Charles-Theodore Zerner and Andrew R. Lee – March 29, 2018
The second of two parts about how to use technology to create better e-discovery plans.

Finding Needles in the Haystack: E-Discovery Search Technologies and How to Use Them, Part I
By Charles-Theodore Zerner and Andrew R. Lee – March 29, 2018
The first of two parts about how to use technology to create better e-discovery plans.

A Recent Lesson in Expert Selection for MDL Cases from the Second Circuit
By Jennifer Loyd – February 28, 2018
An excellent reminder to practitioners to remember the fundamentals of witness selection and presentation.

Top 8 Legal Implications of Self-Driving Vehicle Technology
By Sarah J. Simkin – February 21, 2018
Every new shade of increased artificial intelligence participation in vehicle operation poses potential legal questions.

The Dangers of Recycling: When Using Old Pleadings and Papers Can Cause Unforeseen—and Costly—Litigation
By Andrew M. Bossory – January 31, 2018
Learn how to save yourself—and your client—time, money, and frustration.

2017

Tenth Circuit Update: Statutory Violations Don’t Prove Irreparable Harm and “Bad Faith” Gives Rise to Misappropriation Claims
By Brian W. Esler – December 11, 2017
Learn about two opinions of interest to trade-secret practitioners.

District Court Considers Whether Customer Lists are Trade Secrets under the Federal Defend Trade Secrets Act and the Adequacy of Protective Measures
By Benjamin W. Cheesbro – December 7, 2017
Art & Cook, Inc. v. Haber sheds light on two common issues in trade secrets litigation.

Voices of Recovery Podcast Series
By ABA CoLAP – November 10, 2017
The ABA Commission on Lawyer Assistance Programs debuted the first of a series of podcasts that will address substance use disorders, mental health issues, addiction, and recovery issues.

Tips for Filing a Trade Secret Action after Enactment of the DTSA
By Abraham Y. Skoff – July 31, 2017
Opting for a DTSA claim in federal court is not necessarily the automatic choice that many thought it would be.

Keyword Advertising and Trademark Infringement
By Brooke Clason Smith – July 31, 2017
Recent trends may influence when and how trademark owners attempt to protect their property from use by their competitors in keyword advertising.

A Cautionary Tale When Agreeing to an Informal Settlement Agreement
By Anthony Marcum – May 30, 2017
A handwritten agreement on the back of a napkin could inadvertently become the most impactful document in a civil case.

Aiding and Abetting Breach of Fiduciary Duty: Lawyer Beware
By Sarah Schiferl – May 23, 2017
Lawyers representing other professionals must contend not only with their clients’ fiduciary obligations but also with their own potential liability in connection with the underlying claims.

Anything but General: Pleading Scienter in Rule 9(b) Claims
By Hannah Ruth Roberts – May 23, 2017
Courts have increased the standard for pleading scienter under Rule 9(b), but not in a consistent fashion.

How to Lose Attorney-Client Privilege
By Steven D. Ginsburg – March 16, 2017
Be fully familiar with the scope of the privilege from the first time the issue arises in a matter, and not when it is too late.

$500 Million Fraud Case Against UBS Dismissed Due to Lack of Jurisdiction
By Kerry Gabrielson – January 4, 2017
It is critical that counsel consider a jurisdictional challenge, even in complex and sophisticated disputes.

2016

Three-Day Rule Eliminated for Electronic Service
By Erin M. (Maggie) Cook – December 20, 2016
To avoid an untimely filing due to miscalculation, counsel should be aware of the recent amendment to Rule 6(d).

New York Court of Appeals Rules in Case Involving Common Interest Doctrine
By Michael Apfeld – July 28, 2016
Ambac Assurance Corporation v. Countrywide Home Loans, Inc. should interest all commercial litigators for a number of reasons.

Non-Compete Agreements: What Every Company and Employee Should Know
By Catherine Pastrikos Kelly – July 26, 2016
We pull back the curtain on how various states handle these important contracts.

What You Should Know about the Implied Duty of Good Faith and Fair Dealing
By Catherine Pastrikos Kelly – July 26, 2016
Be aware of what you're getting into before signing a large-chain franchise contract.

How to Distinguish Lay and Expert Witness Testimony
By Maria L. Kreiter – February 2, 2016
Why does the distinction matter?

Seventh Circuit Rules in In re Sentinel Management Group, Inc.
By Maria L. Kreiter, John Kirtley, and Kerry Gabrielson – January 21, 2016
When suspicion arises as to a customer’s potentially fraudulent conduct, a lender must conduct due diligence and thoroughly investigate—or risk losing its secured position.

2015

Delaware Rapid Arbitration Act Rules Now Effective
By Elizabeth S. Fenton – July 30, 2015
Enacted earlier this year, the intent of the DRAA is to serve as an alternative, confidential, and cost-effective forum for binding arbitrations involving Delaware corporations, LLCs, and other business entities.

MA Superior Court Rules in TIBCO Software v. Zephyr Health, Inc.
By Christopher Lindstrom and Robin Morse – June 3, 2015
The decision has broad implications for non-compete cases involving arbitration clauses.

Third Circuit Makes It Easier for Unregistered Foreign Businesses to Enforce Arbitration Awards in PA
By Brian Berkley – March 10, 2015
The case is Generational Equity LLC v. Schomaker.

Fabricated Evidence Forces Plaintiff to Walk Away from $1.3 Billion Lawsuit
By Daniel Elms – March 10, 2015
Successfully exposing falsified evidence can dramatically change the landscape of a case. Failure to guard against it can result in years of wasted effort.