Commercial & Business Litigation


Learn while you’re on the go. Listen to the Commercial & Business Litigation Committee’s audio recordings on this archive page.

Sound Advice

What to Expect from the Corporate Counsel CLE Seminar
By Katie McCray – January 27, 2020
In this Sound Advice, Katie McCray provides a step-by-step guide to help you make the most of your trip to the Corporate Counsel CLE Seminar in Carlsbad, California.

Tips on Advising Commercial Landlords: Is It Worthwhile to Pursue Defaulting Tenants for Unpaid Rent?
By Jared Katz – November 25, 2019
In this Sound Advice, Jared Katz discusses six fundamental issues a lawyer advising a commercial landlord should consider when evaluating whether to sue a tenant for a default on a commercial lease.

Recent Rulings on Apportionment and the Entire Market Value Rule
By Jennifer Vanderhart – June 19, 2019
In this SoundAdvice, Dr. Vanderhart discusses four recent rulings from the court of appeals for the federal circuit that addressed reasonable royalty damages calculations and the need, or not, to apportion in intellectual property cases. 

Overcoming Self Doubt
By Selena E. Molina – May 10, 2019
We all have moments of self-doubt. This Sound Advice implores our new litigators to work through their doubts with critical thinking and by engaging their mentors to allow them to continue to hone their skills, grow, and succeed. Onward and upward!

Building Better Briefs
By Clifton L. Brinson and Michael W. Mitchell – May 6, 2019
Tips from a pair of experienced commercial litigators on taking briefs from good to great.

Pleading Affirmative Defenses
By Phillip J. Block – January 24, 2019
Affirmative defenses are a vital procedural and substantive tool available to defendants. They are, however, pled as part of a key pleading in each case and should be given the appropriate level of review, scrutiny and legal research as other filings.

Pro Bono Opportunities
By James D. Abrams – October 16, 2018
A brief overview of the need for pro bono services and opportunities to provide such services

Nationwide Class Action Settlement Scrutiny
By Simon Svirnovskiy – March 7, 2018
Understanding the Ninth Circuit’s decision in the Hyundai and Kia litigation, and what it may mean for other class action settlements.

Professional New Year's Resolutions
By Mitzi Shannon – February 28, 2018
The Commercial & Business Litigation Committee leaders offer their personal professional resolutions for the new year.

Becoming a Dispute Resolution Counselor for Your Client's Business Agreements
By Conna Weiner – February 8, 2018
This Sound Advice will provide valuable tips for how to use ADR skills to resolve disputes in business agreements.

Why Solo and Small Firms Need a Data Breach Policy
By Robert Wilkins – February 5, 2018
This Sound Advice is a cursory overview of the need for solo and small firms to have a written data breach policy. It addresses misconceptions that, based on their size, or the cost, they don't need one; explains the consequences of not having a written policy; and references other ABA materials that provide more detailed information on the related topics.

Obtaining an Expedite I-601 Waiver
By Susanna Visconti
In very limited circumstances, it is possible to obtain an expedite I-601 waiver instead of filing it through the regional office in the U.S. which may take a year or longer. (05:03 min)

Tips for a Young Lawyer to Get the Most out of the Section of Litigation
By Andrew Atkins
Learn about programming and materials available only to members, and ways to get more involved in the Section. (05:06 min)

Tips for Work-Life Balance
By Claudia Abrams
Tips for lawyers on managing their career demands and making appropriate choices for work-life balance.

Tips for Young Associates to Succeed at a Law Firm
This program offers tips to help a young associate succeed at a law firm. Specifically, the sound advice discusses the importance of: (1) knowing who you work for, (2) offering solutions to problems, and (3) communicating effectively. (6:58 min)

Pay It Forward
A brief discussion of how lawyer's can pay it forward by helping with access to justice, providing community service and providing service to the profession. (4:06 min)

Tips for Expanding Your Network
Learn how to expand your network.  This Sound Advice provides a list of tips and ways that can be used to expand your network (8:11 min)

Diversity in Law Firms
This program addresses the benefits of diversity within law firms from the young lawyer perspective.

When Does a Confidentiality Agreement Act Like a Non-compete?
Listen as Mike Cochran examines Utility Save v. Miele with an eye toward the Doctrine of Inevitable disclosure.

Recent Court Opinions Involving RAND Royalties
Professor and longtime expert witness Jennifer Vanderhart describes three recent cases involving RAND royalties and how they may impact your clients in the future.

Getting Involved with the Section of Litigation Pays Off
Commercial & Business Litigation Cochairs Laura McLaughlin and Brandon Smith discuss how involvement in the Section has enriched their careers in unexpected ways, and why it’s particularly beneficial for young lawyers. (09:29 min)

Various Ways to Rein in a Rogue Employee
When employees leave, there is always the potential for issues of competition. Aaron Krauss reviews the many options your clients have when put in a difficult situation.

Online Jury Research
Jury research has always been important to building winning cases. Listen as Benjamin Morse describes the advantages of using online jury research, a style that is faster and more economical than traditional jury research.

Getting Involved with the Section of Litigation Pays Off
Commercial & Business Litigation Cochairs Laura McLaughlin and Brandon Smith discuss how involvement in the Section has enriched their careers in unexpected ways, and why it’s particularly beneficial for young lawyers. (09:29 min)

The Key to a Compelling Brief
David J. Perlman discusses the importance of opening a brief with a theme, drawing on good and bad examples from the Myriad Genetics case. (9:59 min)

Practical Tips to Protect Clients’ Privileges
All attorneys want to do their best for their clients, but sometimes mistakes happen. Listen as Elizabeth Timkovich shares advice on how to protect both the attorney-client and attorney-work product privileges. (15:56 min)

Recent Developments in Litigation Regarding Commercial Mortgages
Real estate lawyer Scott Osborne explains the ins and outs of commercial mortgages. (8:13 min)


Making Commercial Arbitration Work for Your Client
Many litigators and inside counsel are concerned that commercial arbitration in the U.S. is not cost-effective, efficient, predictable or fair. This program will examine the practical, real world differences between litigation and arbitration using empirical data and outline the many steps that counsel and their clients should be taking to get the most of the arbitration process. Join Conna Weiner of JAMS and Kelly Turner of the AAA as they discuss clause drafting, customized structuring of the arbitration process and innovations that alternative dispute resolution providers have developed in the past several years to make arbitration a better business alternative to protracted litigation.