Spring 2015, Commerce

What Really Counts in White-Collar Sentencing: The Galleon Cases

An examination of the various defense strategies in the Galleon Group insider trading case provides insight into what factors are important at sentencing.

Sua Sponte: A Judge Comments

Hon. Virginia M. Kendall

A judge comments on the difficulty of devising appropriate sentences.

Guideposts for Handling Corporate Investigations

Samuel W. Cooper

Several significant issues recur in these investigations that can be addressed in ways that may bolster the odds of a better outcome.

Business & Corporate

Litigating Corporate and Commercial Cases in Delaware

David L. Finger

A huge number of companies are incorporated in Delaware, making it important to get a handle on the unique ways litigation is conducted there.

Current Trends in International Investment Arbitration

With global trade rapidly expanding, attorneys are increasingly exploring how to address disputes that cross borders.

What the General Litigator Needs to Know about Handling a Maritime Case

Bruce G. Paulsen

Maritime practitioners should be aware that other jurisdictions’ laws may be applicable to their cases and the rules for sorting through them.

The Evolution of Unfinished Business Claims

Andrew B. Ryan

Here is a guide to understanding the unfinished business rule, which has been applied to law firms for more than 60 years.

Pilot Project Reduces Delay and Cost in Federal Litigation

Laura McNabb

How limited-scope projects can offer a low-risk way to reform federal civil procedure.

Opening Statement: Ten Things I Like About Being a Lawyer

Nancy Scott Degan

Eliminate the apologetic explanations about being an attorney.

From the Bench: Rulemaking

Hon. John G. Koetl

Changing the culture of discovery, early judicial case management, and other ways to improve litigation.

iWITNESS: Thermostats That Testify—Who Knew?

Frank Sommers

Digital devices mean new data is available in discovery.

On the Papers: Important: Avoid Beginning Sentences with “The Court Held That . . .”

George D. Gopen

Learn why this phrase damages the reader's interpretation process.

Global Litigator: Challenges of the Adversary System as a New Idea

Dan Small

A mock trial in Uzbekistan offers new perspective on the U.S. justice system.

Advance Sheet: Not to Decide Is to Decide—Sort of

Robert E. Shapiro

The method behind Supreme Court madness on same-sex marriage.

Sidebar: The Epidemic of Self-Promotion

Kenneth P. Nolan

What to do--and what not to do--to promote yourself.

Scruples: Obtaining Evidence from Former Counsel

Michael Downey

Does an advice-of-counsel defense waive attorney-client privilege?

Freedom of Speech: Indecent Attacks on the Communications Decency Act?

Charles D. Tobin

If you surf Yelp before booking a restaurant, shop eBay to find bargains, or scan the HuffPo blogs for emerging political thought, thank Congress. And enjoy the free-range Internet times we live in. They may be fleeting.

Jury Trials: When Jurors Ask Questions

Sarah F. King

A British study of 1,000 mothers revealed that children ask their mothers an astonishing average of 390 questions per day. Although the subject matter of the questions varied greatly, there were several common queries: “Why is water wet?” “Where does the sky end?” “Why are you so old?” Being a childless (by choice), unmarried (by agreement), female (by birth) trial attorney, with zero experience in child rearing, the sheer number of questions mothers are bombarded with each hour was shocking.

Legal Lore: Doing the Right Thing: Prosecuting a War Crime in Vietnam in 1968

Fred L. Borch

As litigators, we all know only too well that having the facts and law on one’s side does not always lead to a just result. Trials for war crimes, which are committed in every armed conflict, are no different. Loyalty, hatred of the enemy, and geopolitics can all hold sway, even when the military does the right thing and prosecutes war criminals.