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Sound Advice
Get quick tips on the go. Listen to podcasts from experienced litigators. Disclaimer: The information on “Sound Advice” is for discussion purposes only and does not reflect the opinions of the ABA. The information is not legal advice nor a substitute for legal counsel.
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Recent Sound Advice
You Better Understand Fraudulent Transfers
Whether they know it or not, nearly all litigators encounter issues implicating fraudulent transfers. Attorney Phillip Block helps you understand how fraudulent transfer issues may arise in other litigation and what is required to establish a claim.
Out of Juice? Identifying and Addressing "Burnout"
In this program, Karen Blake and Christopher Barrett help practitioners in assessing whether they may be dealing with "burnout" and includes suggestions for dealing with and preventing "burnout."
Enhanced Damages in Patent Cases: Analysis and Insights
Enhanced damages, which are basically punitive damages that may be awarded at the court’s discretion in patent cases, can potentially treble damages as a sanction for egregious infringement behavior such as willful infringement. Join Richard Kurz and Renee Wong as they discuss the evolution of relevant case law, including the impact of the U.S. Supreme Court’s Halo Electronics Inc. v. Pulse Electronics Inc. decision, as well as provide insights for plaintiffs and defendants.
What to Expect From the Corporate Counsel Seminar
A preview of what you can expect from this year's Virtual Corporate Counsel CLE Seminar on February 17-19, 2021.
Enforcing Noncompetition and Nonsolicitation Agreements Against a Multi-State Workforce
Now that an increasing number of states are restricting the use of noncompetition and nonsolicitation agreements, how can companies with multi-state workforces have the best chance at being able to enforce noncompetition and nonsolicitation agreements with their employees? Business litigator Sarah Horstmann provides a five-step framework for working through this question.
Narrowing the Gap of Gender Wage Inequality—A New Associate's Perspective
Female partners are seeing a major increase in compensation rates thereby narrowing the gender divide that has historically swept the profession; and yet in a year of so much social change, the question remains, why is there a gap at all? New associate, Deanna Velluci, ponders the issue with Angela Turiano, a partner at her firm.
Eliminating Racist or Offensive Catch Phrases and Other Vernacular—In Front of a Jury or Otherwise
In a period of racial reckoning in America, lawyers are motivated to action, but words still very much matter. Lawyers should be leaders when it comes to language. Erick Howard and John Hutchins expose racially charged language that is commonplace in our culture, and implore lawyers and everyone else to avoid it.
Remote Work Benefits for Solo & Small Firm Litigators
The COVID-19 pandemic accelerate a shift to remote practice. Small firm attorney Kelsey Heino and solos David Seserman and Michael Steger discuss some welcome benefits of working and practicing remotely during these trying times.
More Effective Presentation of Expert Evidence in Construction Disputes
Daniel Franklin discusses the complexities of presenting expert evidence in construction disputes and offers some considerations on how address these complexities and more effectively present expert evidence.
The End is Nigh: Post-COVID FDA Considerations
To meet overwhelming medical needs during COVID, the FDA relaxed its regulatory enforcement and further granted “emergency use authorizations” for many health products. Jamaica Szeliga discusses that with the COVID vaccines rolling out, companies that jumped into producing, importing, and developing COVID-related health products should prepare for the FDA’s return to “normal.”
Clearing the Deadwood: Removing Dormant Trademark Registrations
Trademark applicants often face refusals based on dormant or overbroad trademark registrations. Experienced trademark litigations Mary Margaret O'Donnell and Michael Steger discuss strategies to overcome these problematic registrations, including prelitigation outreach, TTAB proceedings and federal court litigation.
Practical Tips for Virtual Practice
In 2020 we saw a rise in the use of virtual technology, including Zoom, for depositions and hearings. In this podcast, two litigators, Ashley Heilprin and James Gilbert, discuss how to avoid snafus and have a seamless virtual presentation of evidence and testimony.
Liu v. SEC: U.S. Supreme Court Trims SEC's Civil Disgorgement Remedy
Matthew Allen outlines the parameters of the disgorgement remedy in SEC enforcement actions in federal court after Liu v SEC.
Remote Proceedings and Depositions in a Post-COVID World
Danielle Myers and Erika Oliver have a discussion regarding the many benefits of remote status conferences, hearings, and depositions in a post-COVID world including better work-life balance, cost savings, less environmental impact, and more learning opportunities for younger lawyers.