BUSINESS LAW: Drafting Buy-Sell Provisions in Shareholder Agreements
Sept. 2010

The rule is simple—every closely held corporation with more than one shareholder needs a shareholder agreement. The heart of most shareholder agreements is the right or obligation of one shareholder to buy the shares of another shareholder when certain events occur. This article reviews some of the most common provisions included in the buy-sell portion of a shareholder agreement and describes how the parties can use insurance products to help get a company past a shareholder’s death.

FAMILY LAW: Building a Successful Practice Without Ever Going to Court
Sept. 2010

A peacemaker is “one who makes peace, especially by reconciling parties in conflict.” Family lawyer peacemakers offer services ranging from litigator to parent educator. Many family law practitioners are already utilizing peacemaking as a permanent part of their work.

TRUSTS & ESTATES: Retirement Benefits Planning
Sept. 2010

This article provides information on developments in the field of retirement benefits.

REAL ESTATE LAW: The Perils of Joint Tenancies
Sept. 2010

Emerging in 13th-century England, the estate of joint tenancy, with its associated right of survivorship, was distinguished from the tenancy in common, which lacked a right of survivorship, by the so-called four unities: time, title, interest, and possession. Without all four simultaneously there could be no joint tenancy with the right of survivorship. The consequence of not having all four unities could be disappointment for a grantor who wanted to create a joint tenancy.

LITIGATION: Developing a Trial Theme That “Sticks”
Sept. 2010

A compelling theme should be the backbone of every trial strategy. A trial theme allows for the presentation of evidence in a manner designed to educate and, ultimately, help persuade a jury to determine facts in a client’s favor. This article addresses and combines two concepts: (1) “thin-slicing”—the act of reaching immediate, unconscious conclusions that influence behavior; and (2) “sticky” ideas.

DISPUTE RESOLUTION: Mediating Medical Malpractice Lawsuits
Sept. 2010

As the use of mediation in health care increases, mediators have a special opportunity and responsibility to educate participants about the full range of benefits available through mediation and to encourage participants to think about how what they learn during mediation can contribute to patient safety.

SCIENCE & TECHNOLOGY LAW: Using Native Files in Legal Proceedings
Sept. 2010

During discovery, parties in litigation commonly produce electronic versions of e-mails, databases, and Microsoft Word and Excel documents. These so-called native files (“natives”) may be produced instead of, or in addition to, paper documents or other electronic versions such as TIFF (Tagged Image File Format) or PDF (Portable Document Format) files. This article discusses common problems and offers possible solutions for using natives in depositions, hearings, and trials.

ENVIRONMENTAL LAW: Investment in Water and Wastewater Infrastructure
Sept. 2010

Water quality and quantity are increasingly threatened by increased resource demands of growing populations. China, India, Brazil, Nigeria, and the United States exemplify trends in drinking water law and policy. This article evaluates the impact of the growing presence of privatized water and wastewater infrastructure projects in some of the world’s most populous countries. It articulates the importance of the rule of law and sound environmental governance in this arena and emphasizes the role of the legal community in addressing these challenges.

INTERNATIONAL LAW: Islamic Law in Secular Courts
Sept. 2010

A trio of English court cases illustrates some of the issues that arise when disputes involving Islamic law are tried before secular courts. This article first summarizes the relevant portions of these cases and then discusses their lessons.

LABOR & EMPLOYMENT LAW: Protecting Nonparty Class Members in Class Arbitrations
Sept. 2010

This article focuses on the implications for nonparty class members when class claims are arbitrated rather than litigated. Given that class cases require substantial investments of time and money—even in arbitration—plaintiffs, defendants, and arbitrators need to understand whether a class arbitration can lead to a binding, classwide resolution of the matter in dispute.

TAX LAW: Civil Liability of Tax Attorneys and Duties to the System
Sept. 2010

Tax lawyers’ formal responsibility to their clients is immense, yet their informal responsibility to the “system” and to third-party nonclients has, during the past 40 years, become increasingly important in defining the role of the tax lawyer in the American system of justice.

DISABILITY LAW: The Americans with Disabilities Act and Aging Americans
May/June 2010

In the view of popular culture fixated on eternal youth, one finds that aging often brings with it a number of benefits: senior citizen discounts, early bird dinners, and grandchildren, to name but a few. However, there is another benefit overlooked by many as Americans continue to challenge traditional notions about when one retires or leaves the workforce: the Americans with Disabilities Act (ADA) offers employment protections to millions of citizens who acquire disabilities through the normal process of aging.

BUSINESS LAW: Drafting Effective Contracts
March 2010

The following six practical guidelines that I provide to my students will assist any law student or practicing lawyer in successfully revising a form contract, tailoring it, and turning it into a well-drafted, complete, and effective contract that meets their clients’ needs.

DISPUTE RESOLUTION: Arbitration Contract Clauses
March 2010

The recent trend toward arbitration of larger and larger commercial cases has led to a number of expensive elements that have traditionally been reserved for litigation. Devising an arbitration process that is significantly more efficient than litigation is not an easy task in the context of a complex commercial dispute.

LITIGATION: Calculating Attorney Fee Awards
March 2010

Under what is known as the “American rule,” each party to a legal dispute bears its own fees and expenses. However, the American rule does not apply when case law, a contract, or a statute allows a successful litigant to obtain attorney fees and other expenses from the losing party.