Litigation & Trials 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
Practice Management Can Nonlawyers Close the Legal Services Gap? By C. Thea Pitzen Two states remove the ban on fee sharing and partnerships with nonlawyers.
Litigation & Trials SCOTUS Guides Lower Court to Stay in Its Lane By Stephen Carr Departure from party presentation principle found to be abuse of discretion.
Model Rules of Professional Conduct 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?
Consumers 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.
Alternative Dispute Resolution Having Your Arbitration Clause and Waiving It, Too By Kelso L. Anderson Class action waiver in arbitration agreement still results in millions in fees.
Model Rules of Professional Conduct LegalMatch Must Be Regulated as a Lawyer Referral Service By Benjamin E. Long Just forwarding potential clients to lawyers warrants regulatory oversight.
National Security Privacy in the Digital Age By Amy Mattson Courts uphold personal privacy rights, restrict searches of electronic devices.
Insurance & Financial Services Common Interest Exception? Third Party Denied Privileged Communications By Stephen Carr Court refuses to extend privilege to insurance brokers.
Bias & Discrimination 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.
Litigation & Trials Federal Court Renews Hostility Toward Anti-SLAPP Laws By Amy Mattson Fifth Circuit adds to split over procedural dismissal standards of anti-SLAPP laws.
Federal Government 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.
Class Actions Counterclaim Defendants Cannot Remove Class Actions By Martha L. Kohlstrand Neither the general removal statute nor the Class Action Fairness Act permits removal.
Courts & Judiciary Civil Theft Claims Not Barred by Economic Loss Rule By Catherine M. Chiccine Separation of powers prevents judge-made rule from barring statutory claims.
Model Rules of Professional Conduct Danger! Heed Warnings or Risk Fees By Andrew J. Kennedy Courts use fee-shifting statutes as swords against recalcitrant attorneys.
Business & Corporate Companies, Beware: Emails are Forever By Anthony R. McClure Stockholders may demand emails where the company conducts business informally.
Big Data & Cloud Computing Growing Patchwork of Biometric Privacy Laws By Kristen L. Burge Court lowers bar for standing, interpreting "aggrieved person" broadly
Model Rules of Professional Conduct 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.
Class Actions 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.
Consumers 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.
Disability Websites May Be Places of Public Accommodation Subject to the ADA By Anthony R. McClure Eleventh Circuit decision highlights trend toward requiring online accessibility.
Model Rules of Professional Conduct 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.
Access to Justice Access to Counsel in Immigration Proceedings By Matthew S. Mulqueen Appointment of counsel for indigent and minor respondents draws support.
Litigation & Trials 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.
Employees Independent Contractors Might Actually Be Employees By Kelso L. Anderson Broad view of wage order places burden on employers.
Product Liability There's No Place Like Home—To Establish Personal Jurisdiction By Anthony R. McClure Recent decisions limit the ability to forum shop.
Class Actions Slamming the Brakes on Nationwide Class Actions By Stephen Carr State law differences drive settlement of class actions off track.
Trial Practice Law Firm at Risk for Nonspecific Scope of Representation By Adam E. Lyons Unbundled legal services offer new opportunities and challenges.
Federal Government New Federal Evidence Rule Changes Reflect Modern World By Carl A. Aveni Rule 902 streamlined to allow self-authentication of electronic evidence.
Cybersecurity 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.
Litigation & Trials 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.
Litigation & Trials 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.
Litigation & Trials Your Data Was Stolen, But Not Your Identity (Yet) By Kristen L. Burge Majority consensus grows on the scope of permissible data breach standing.
Class Actions Court Blocks Amended Class Designation Aimed at Forcing Remand By Carl A. Aveni Plaintiffs cannot amend post-removal to frustrate diversity jurisdiction.
Ethics Online Client Referral Programs Condemned as Unethical By Lauren M. Gregory Increasingly, states are banning attorneys from participating.
Artificial Intelligence & Robotics 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.
Evidence 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.
Cybersecurity Law Firm Cybersecurity Breach Opens Door to Lawsuit By Joseph P. Beckman Potential ethics and malpractice issues are front and center.
Model Rules of Professional Conduct 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.
Courts & Judiciary Procedural Dismissal Leads to Substantive Loss By Adam E. Lyons Denial of untimely motion to amend precludes claims in subsequent suit.
Class Actions 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.
Employees OSHA Enacts Settlement Agreement Rules in Whistleblower Cases By Kelso L. Anderson New guidelines impose restrictions on employers’ terms discouraging protected activity.
