Daily Report Online | Commentary
By Shari L. Klevens and Alanna Clair | March 12, 2018
Independent counsel operating with no interest in the transaction allows the client to benefit from professional judgment free from conflict—and adds to the likelihood that the agreement will pass muster in the future.
Daily Report Online | Commentary
By Cary Ichter | March 8, 2018
To read the Second Amendment as a guarantee of the unrestricted personal right to own firearms, wholly untethered to security of the state or membership in a state militia, is to ignore the provision's self-contained explanation for the right created.
Daily Report Online | Commentary
By Jesse Broocker | March 7, 2018
We have seen collegial text communications actually drag doctors into lawsuits. I have literally seen email chains with the subject line “smoking gun.”
Daily Report Online | Commentary
By Jennifer D. Malinovsky | March 5, 2018
A robust compliance program and a knowledgeable compliance officer provide important value not only in a provider's day-to-day business operations but in the structure and negotiations of a business transaction.
Daily Report Online | Commentary
By Jonathan E. Hawkins | March 5, 2018
In addition to potential liability to their employers, in-house counsel could at times be liable to others. For example, in-house counsel often perform pro bono legal services for clients unaffiliated with their employer. If one of those matters is botched, a legal malpractice claim could arise.
The American Lawyer | Commentary
By The Young Lawyer Editorial Board of The American Lawyer | February 28, 2018
We call for the industry to avoid silence when witnessing harassment and hold perpetrators—no matter how big a book of business—accountable.
Daily Report Online | Commentary
By Matthew V. Wilson and J. Tucker Barr | February 27, 2018
Depending on the facts at hand, the decision to hire an artist to paint on your property may very well limit your ability to control that same property after the fact.
Daily Report Online | Commentary
By Shari L. Klevens and Alanna Clair | February 26, 2018
Many legal malpractice complaints allege serious errors or breaches in judgment by attorneys. However, legal malpractice cases are unique because liability does not automatically attach, even if an attorney committed an error or violated his ethical obligation.
Daily Report Online | Commentary
By Jeff Kerr | February 23, 2018
A fact is an assertion backed by evidence. An alternative fact shows its true face as fiction when it meets the evidence.
Daily Report Online | Commentary
By Peter B. "Bo" Rutledge and Amanda W. Newton | February 22, 2018
The upcoming Supreme Court case could recalibrate the balance between discovery and comity that informs discovery disputes in a variety of international civil litigation.
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