Trial Practice Breaking “Fragile Vessels” Out of School Dress Codes By William H. Newman Appeals court holds Constitution and Title IX restrict rule that requires female students wear skirts, violating the Equal Protection Clause
Trial Practice Uncertainty Looms over Legality of DACA Immigration Policy By Onika K. Williams The program suffers from legal challenges and a convoluted procedural history, being found to be procedurally and substantively in violation of the APA
Deposition Court Rules Witnesses Can “Flop” on Fifth By Sara E. Costello Fifth Amendment is “proceeding specific” and could still be asserted at trial, despite testifying at a discovery deposition
Litigation & Trials New Gender Frontiers for the ADA By Sara E. Costello Federal appeals court rules that the Americans with Disabilities Act protects people with gender dysphoria
Appellate Practice Like to Wager? Don’t Use a Stranger’s Life Insurance Policy! By Onika K. Williams A federal court of appeals held that the purchase of the policy provided the companies with an interest in the insured’s life ending
Litigation & Trials Arbitration Award Vacated Due to False Statements By William H. Newman It is a highly unusual decision, but the proof of fraud was clear, according to a federal appellate court
Trial Practice The Forced Arbitration of Sexual Misconduct Disputes Ends By Josephine M. Bahn Claims of sexual assault or sexual harassment, even outside the bounds of employer-employee relationships, are no longer bound to forced arbitration
Ethics Sanctions for Spoon-Feeding Answers to Deposing Witness By Kelso L. Anderson The two attorneys were suspended for witness coaching by surreptitiously texting testifying clients during remote proceedings
Trial Practice Hardball Attorney Tactics Considered Extortion By Sara E. Costello An attorney and firm are potentially liable for escalating settlement demands by threatening to expose criminal activity
Legal Delivery Court Online: Virtually Normal By Mark A. Flores After more than 260,000 virtual court events, a state supreme court's order signals that virtual hearings are here to stay
Trial Practice Need a Lawyer? There’s an (Unauthorized) App for That By Kelso L. Anderson Despite the recent ruling, the app may be the start of a trend in delivery of lower-cost legal services
Ethics Advice-of-Counsel Defense Lands Lawyer in Hot Water By Grant H. Hackley Disciplinary board puts attorney through the wringer for relying on counsel’s advice not to disclose anticipated bonuses
Trial Practice Roots of “Deported Alien” Statute Found Unconstitutional By Michael Stefanilo Jr. Criminal law enacted in 1952 to penalize deported persons found in the United States found to be based on racial animus, disparately impacts the Latinx community
Trial Practice Appeals Courts Limit Scope of FLSA Collective Actions By William H. Newman Each collective action plaintiff must separately establish personal jurisdiction over the defendant employer, extending precedent in state law “mass actions” to federal collective actions
Trial Practice Will Striking Peremptory Challenges Remove Bias in Juries? By Kelso L. Anderson Broadening the scope of an objection to a peremptory strike or eliminating such strikes as to race or sexual orientation may not lead to an impartial jury
Trial Practice Patent Incivility Justifies Fee Shifting By Grant H. Hackley Court affirms award of fees in infringement case, grants fees and double costs for frivolous appeal, holding counsel had abandoned decorum, engaged in personal attacks.
Trial Practice Attorney Press Statements About Cases May Not Be Protected By Amy Mattson Press and social media statements made on behalf of clients may not be protected by attorney immunity or judicial-proceedings privilege, leaving litigators open to defamation claims
Courts & Judiciary Reverse Veil-Piercing Deployed for Dissenting Shareholders By Kelso L. Anderson State court announces that equitable doctrine may be applied to prevent judgment debtor from using its subsidiaries to avoid paying appraisal judgment in favor of judgment creditors
Discovery Litigation Trends During the COVID-19 Era By Mark A. Flores Whether you're in a virtual deposition or an in-person hearing, the pandemic has changed litigation procedures, but not rights and obligations
Client Protection Hack Job Leads to Production of Forensic Cyberattack Report By Grant H. Hackley The results of a cybersecurity vendor’s investigation were produced over objections of work-product protection and attorney-client privilege
Litigation & Trials Class Action Representation: Everyone Is on the Same Team By Erik A. Christiansen An attorney’s fiduciary duties are owed to all class members equally, not any individual class members
Trial Practice Disregard of Local Rule Leads to Loss on Summary Judgment By Benjamin E. Long Court strikes noncompliant statement of facts, calls it “antilawyering,” then goes on to say litigants are expected to know and follow local rules
Trial Practice Court Upholds Race-Conscious Admissions Program By Josephine M. Bahn and Matthew S. Mulqueen Federal appellate court found race-conscious admissions program nondiscriminatory under strict scrutiny
Trial Practice Case Resuscitated after Dismissal Sanction Overturned as Abuse of Discretion By Benjamin E. Long District court failed to adequately explore alternatives to sanctions, despite appellate court's concession that the lower court's frustration was understandable
Trial Practice Weinstein Sexual Harassment Suit Is Revived By Josephine M. Bahn The power imbalance between the parties is the key factor in court’s decision to reinstate Judd's lawsuit against the movie mogul
Trial Practice Ownership: Not Necessary to Launch Trade Secrets Claim into Litigation By Mark A. Flores Court concludes that possession alone is sufficient under state statute to assert trade secret act claim
Ethics Can Nonlawyers Close the Legal Services Gap? By C. Thea Pitzen Two states remove the ban on fee sharing and partnerships with nonlawyers.
Trial Practice SCOTUS Guides Lower Court to Stay in Its Lane By Stephen Carr Departure from party presentation principle found to be abuse of discretion.
Client Protection And the Final Rose Goes To... By Anthony R. McClure When lawyers leave a firm, how do clients decide who will continue to represent them?
Trial Practice Courts Answer Call to Interpret TCPA's Autodialer Provision: But a Circuit Split Leaves a Mixed Message By Onika K. Williams Seventh Circuit adds to split over "automatic telephone dialing system" meaning.
Trial Practice Having Your Arbitration Clause and Waiving It, Too By Kelso L. Anderson Class action waiver in arbitration agreement still results in millions in fees.
Client Protection LegalMatch Must Be Regulated as a Lawyer Referral Service By Benjamin E. Long Just forwarding potential clients to lawyers warrants regulatory oversight.
Trial Practice Privacy in the Digital Age By Amy Mattson Courts uphold personal privacy rights, restrict searches of electronic devices.
Discovery Common Interest Exception? Third Party Denied Privileged Communications By Stephen Carr Court refuses to extend privilege to insurance brokers.
Employers How Are the Laws Sparked by #MeToo Affecting Workplace Harassment? By Erik A. Christiansen New state laws expand workplace protections for sexual harassment victims.
Discovery Evidence from Third Party Creates Legal and Ethical Issues By C. Thea Pitzen Section leaders urge caution when presented with evidence from non-party.
Trial Practice Federal Court Renews Hostility Toward Anti-SLAPP Laws By Amy Mattson Fifth Circuit adds to split over procedural dismissal standards of anti-SLAPP laws.
Trial Practice Half-Truths and Hand Grenades: Defense Contractor Sweeps Noncompliance under the Rug By Kristen L. Burge False Claims Act requires full disclosure of cybersecurity noncompliance.
Trial Practice Counterclaim Defendants Cannot Remove Class Actions By Martha L. Kohlstrand Neither the general removal statute nor the Class Action Fairness Act permits removal.
Trial Practice Civil Theft Claims Not Barred by Economic Loss Rule By Catherine M. Chiccine Separation of powers prevents judge-made rule from barring statutory claims.
Ethics Danger! Heed Warnings or Risk Fees By Andrew J. Kennedy Courts use fee-shifting statutes as swords against recalcitrant attorneys.
Discovery Companies, Beware: Emails are Forever By Anthony R. McClure Stockholders may demand emails where the company conducts business informally.
Trial Practice Growing Patchwork of Biometric Privacy Laws By Kristen L. Burge Court lowers bar for standing, interpreting "aggrieved person" broadly
Ethics Third-Party Fee Financing Sails into Uncharted Waters By Onika K. Williams Fee financing triggers disclosure duties, risk of excessive fees, and conflicts of interest.
Trial Practice District Court Issues Revised Guidance for Class Action Settlements By Matthew S. Mulqueen Northern District of California becomes first to require publication of claims data.
Trial Practice Courts Split on Whether Receipts Confer Article III Standing By Kelso L. Anderson When statutory violation may be enough to meet the concrete injury requirement.
Trial Practice Websites May Be Places of Public Accommodation Subject to the ADA By Anthony R. McClure Eleventh Circuit decision highlights trend toward requiring online accessibility.
Client Protection Model Rules on Attorney Advertising Streamlined By Catherine M. Chiccine Rules 7.1 through 7.5 are streamlined and clarified to keep pace with technology.
Trial Practice Access to Counsel in Immigration Proceedings By Matthew S. Mulqueen Appointment of counsel for indigent and minor respondents draws support.
Trial Practice Employers Cannot Use Salary History to Pay Women Less Than Men By Onika K. Williams Ninth Circuit ruling creates Circuit split on whether prior salary is proper defense to Equal Pay Act.
Lawyer Wellness ABA Working Group Tackles Mental Health and Substance Use Crisis By Matthew S. Mulqueen Group asks legal employers to take leading role in improving attorney well-being.
Trial Practice Independent Contractors Might Actually Be Employees By Kelso L. Anderson Broad view of wage order places burden on employers.
Litigation & Trials There's No Place Like Home—To Establish Personal Jurisdiction By Anthony R. McClure Recent decisions limit the ability to forum shop.
Trial Practice Slamming the Brakes on Nationwide Class Actions By Stephen Carr State law differences drive settlement of class actions off track.
Litigation & Trials Law Firm at Risk for Nonspecific Scope of Representation By Adam E. Lyons Unbundled legal services offer new opportunities and challenges.
Trial Practice New Federal Evidence Rule Changes Reflect Modern World By Carl A. Aveni Rule 902 streamlined to allow self-authentication of electronic evidence.
Litigation & Trials Data Breach Ruling Potentially Narrows Scope of Privilege and Work-Product Assertions By Kelso L. Anderson Factual setting opens door for discovery of business data and communications.
Ethics Courts and the Profession Policing Sexual Harassment Internally By Lauren M. Gregory #MeToo hits the legal industry.
Federal Government New Test for Forum Selection Clauses By Matthew S. Mulqueen Severance can ensure enforcement of forum selection clauses negotiated between parties.
Client Protection Attorney Error Results in Massive Leak of Privileged Client Data By Catherine M. Chiccine Understanding the technical side of e-discovery can help avoid inadvertent production.
Trial Practice Your Data Was Stolen, But Not Your Identity (Yet) By Kristen L. Burge Majority consensus grows on the scope of permissible data breach standing.
Litigation & Trials Court Blocks Amended Class Designation Aimed at Forcing Remand By Carl A. Aveni Plaintiffs cannot amend post-removal to frustrate diversity jurisdiction.
Litigation & Trials Online Client Referral Programs Condemned as Unethical By Lauren M. Gregory Increasingly, states are banning attorneys from participating.
Litigation & Trials How Private Is Your Home in the Age of Alexa? By Carl A. Aveni Amazon asserts First Amendment to shield customer’s search requests from warrant.
Litigation & Trials Constitutional Concerns Lead to Rejection of Daubert Test By Kelso L. Anderson State high court discards prevailing standard for scientific evidence admissibility.
Arbitration Circuit Split on Jurisdictional Test for Post-Award Arbitration Petitions By Sara E. Costello First Circuit deepens split over federal court review of arbitration awards.
Litigation & Trials Law Firm Cybersecurity Breach Opens Door to Lawsuit By Joseph P. Beckman Potential ethics and malpractice issues are front and center.
Litigation & Trials New Model of Attorney Regulation under Consideration By Katerina E. Milenkovski Could proactive management-based regulation be coming to your state?
Discovery A Practitioner’s Guide to the 2016 Federal Rule Amendments By Lauren M. Gregory New rules reflect practical realities of litigation.
Litigation & Trials Procedural Dismissal Leads to Substantive Loss By Adam E. Lyons Denial of untimely motion to amend precludes claims in subsequent suit.
Litigation & Trials Class Action Waivers Hang in the Balance By Sara E. Costello A deep circuit split over class action waivers is poised for Supreme Court review.
Trial Practice OSHA Enacts Settlement Agreement Rules in Whistleblower Cases By Kelso L. Anderson New guidelines impose restrictions on employers’ terms discouraging protected activity.
