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Could a GC Have Helped Komen Avoid Planned Parenthood Firestorm?
Tracking Vacancies in Federal Inspector General Offices
From the Experts: Fighting Back Against Statutory Penalty Class Actions, Part II
Toyota In-House Lawyer Loses Bid to Overturn Arbitration Loss
Oracle Gambles on Retrial in SAP Copyright Infringement Case
Commentary
Tactical Considerations in Depositions
Texas Lawyer
Monday, February 6, 2012
If a suit is a war between the parties, then depositions are skirmishes leading up to the final, outcome-determinative battle: trial. Should a trial attorney use all available evidence and cross-examination points in an effort to win every deposition skirmish or hold back until the final battle of trial?
SPONSOR SPOTLIGHT
A-Z on E-Discovery: What Does the Future Hold?
Texas Lawyer
Monday, February 6, 2012
Litigation in the 21st century, particularly e-discovery, has been the subject of vigorous substantive debate and detailed study. Opinions are pointed and varied as to the state of litigation and whether systemic reform truly is needed. Undoubtedly, e-discovery is the information highway most traveled.
Commentary: Why PIRAC? Tips for Motion Practice in Travis County
Texas Lawyer
Monday, January 30, 2012
Do judges really read what lawyers submit? They do in Travis County, writes Sara M. Foskitt. Since this is one of the few counties in Texas that employs staff attorneys for sitting district court judges, lawyers can rest assured that their motions and briefs receive a thorough reading — so thorough that problems will not escape notice.
Commentary: Burdens of Proof in Coverage Litigation
Texas Lawyer
Monday, January 30, 2012
In coverage litigation, no issue is more overlooked — yet more critical — than the burden of proof, writes R. Brent Cooper. The casebooks are full of instances when an insured or an insurer lost its case solely because it failed to adequately address the burden of proof during case workup and trial preparation.
Commentary: Six Workplace Fixes for 2012
Texas Lawyer
Monday, January 23, 2012
The new year has arrived, and savvy in-house counsel are updating company policy manuals and checking employment law compliance. Vianei Lopez Robinson, a partner in Buck Keenan, a litigation boutique in Houston, offers six workplace fixes that counsel should make sure are on the list for 2012. Her Fix No. 1 is: Adopt or update the company's social media policy.
Commentary: Why Employers Should Work to Retain Working Moms
Texas Lawyer
Monday, January 23, 2012
Many expectant parents do not understand that the FMLA allows a new parent to take 12 weeks of unpaid leave following the birth of a child or the placement of a child after adoption, writes Elizabeth Poole. Because the Family and Medical Leave Act is not called "maternity leave" or "paternity leave," many employees do not realize they can avail themselves of that law to take a break from their jobs while they begin the hard work of becoming new parents.
Commentary: Get It Write — Embrace Editing Techniques To Improve Briefs
Texas Lawyer
Monday, January 23, 2012
How do mistakes make it past even the most careful writer's eyes? Thinking about how that happens is the key to discovering editing techniques to prevent it in briefs, writes Kendall Gray. Writers often can edit others' work much more thoroughly than their own — probably because committing something to memory happens quickly after writing it down. Mistakes often arise from this problem of memory.
Commentary: Guantanamo — Ten Years Later
Texas Lawyer
Monday, January 16, 2012
On the 10th anniversary of the opening of Guantanamo, Americans need a solution to the problem of foreign terrorist suspects that is based less on political maneuvering and more on fact and longstanding constitutional principles, writes Christopher L. Elliott. The fog of war, at least as it pertains to Guantanamo, has cleared, he says.
Commentary: In-House Counsel's Guide to Breast-Feeding Policies
Texas Lawyer
Monday, January 16, 2012
"Nurse-ins" have been in the news recently, as mothers stage peaceful protests aimed at promoting women's rights to breast-feed their children in public. These events should prompt in-house counsel to examine their companies' breast-feeding policies, including how their companies handle employees who need time to attend to breast-feeding responsibilities while at work and how employees interact with customers who are nursing, writes Art Lambert.
The Rules of Construction for Insurance Policies
Texas Lawyer
Monday, January 16, 2012
In insurance policy cases, one of the mistakes lawyers, adjusters and even judges make most often is misconstruing the language of the policy itself, writes R. Brent Cooper. The Texas Supreme Court has set forth rules courts should apply in a specific order when construing these policies. Accordingly, counsel must have a deep and intimate knowledge of these rules of construction to represent a client appropriately, whether said client is an insured or an insurer.
Commentary: Steve Jobs' Challenge for Trial Lawyers
Texas Lawyer
Monday, January 9, 2012
The death of Apple Inc.'s co-founder Steve Jobs has prompted many to reflect on the impact of the technology he championed. But his more compelling legacy for trial lawyers lies in the standard he set for public speaking, writes David Bissinger. For instance, Jobs simplified his speeches by eliminating noise and clutter from his appearance, his slides and his words.
Succeed With a Goal-Setting Plan
The Legal Intelligencer
Monday, January 9, 2012
Personal goal-setting has become a popular and effective management tool that has been implemented by partners and associates in many of the more financially and professionally successful law firms, writes Joel A. Rose. The personal goal-setting process can allows attorneys to tailor their personal and professional activities to enhance their performance and to progress the firm in the future.
Year-End Fee Collections: How to Make Life Easier
Texas Lawyer
Monday, December 26, 2011
It is that time of year again — collecting outstanding fees from clients before year end, write J. Randolph Evans and Shari L. Klevens. It is an annual ritual that most lawyers in every kind of law firm (big and small) must do at this time of year. After time entry, it is also one of lawyer's least favorite things to do, but it must be done.
Risky Business: Four Things a Judge Will Analyze Before Entering a TRO
Texas Lawyer
Monday, December 26, 2011
Judges are afforded almost absolute discretion when considering an application for a temporary restraining order (TRO), and a skilled attorney can increase the odds the judge will exercise that discretion in his client's favor, writes James M. Stanton.
Commentary: Ten of the 5th Circuit's Most Important Opinions of 2011
Texas Lawyer
Monday, December 19, 2011
As the nation's second largest federal court of appeals by number of judges, the 5th U.S. Circuit Court of Appeals regularly resolves difficult disputes involving diverse issues. James C. Ho and Michael D.Y. Sukenik write that one article cannot do justice to its docket, but they offer 10 cases worth noting from 2011.
Computer Fraud and Abuse Act 101
Texas Lawyer
Monday, December 19, 2011
Lawyers should have a basic understanding of the federal Computer Fraud and Abuse Act, which provides criminal and civil penalties for wrongfully accessing a computer to do harmful things, writes Shawn E. Tuma. They also should understand how to allege a loss under CFAA in a business case, which is not straightforward.
Provisions That Turbocharge a Noncompete
Texas Lawyer
Monday, December 12, 2011
Firing up a noncompete suit takes guts, writes Alan Bush. Hands down, the dispute is about a company's competitive edge. In most cases, a key employee has learned the company's secret playbook, then jumped ship to a direct competitor. All eyes are on trial counsel to deliver a temporary restraining order. Tensions are high, and time is short.
Commentary: Narcissus — Alive, Well and Practicing Near You
Texas Lawyer
Monday, December 12, 2011
The legal profession contains more than a disproportionate share of big egos. write Lisa Blue Baron and Robert B. Hirschhorn. But there's a difference between excessive self-confidence and narcissism. Learning about how the mental health profession defines narcissism can help attorneys keep an even keel, even when working for, litigating against or appearing in court in front of a narcissist.
Commentary: Counseling Clients in a Distressed Economy
Texas Lawyer
Monday, December 5, 2011
Current economic conditions have impacted many aspects of society, and family law practice is no exception, writes Jonathan J. Bates. Those facing life-changing adversity while contemplating divorce require effective guidance, which is part of the family law attorney's "counselor" role. The family law attorney should speak clearly and firmly regarding the various risks the party faces when in divorce proceedings.
Commentary: How to Handle the Funds of Missing Clients
Texas Lawyer
Monday, December 5, 2011
What are the ethical and legal obligations of a firm holding funds for a client it cannot locate? This situation might arise if a firm is holding client money in an Interest on Lawyer Trust Account (IOLTA) that is subject to a disputed lien or a holdback provision in a real estate transaction or a settlement agreement, writes Ray Langenberg. A firm also might hold an unearned retainer for an extended period of time.
Letter to the Editor
Texas Lawyer
Monday, December 12, 2011
Ruling on sentimental-value damages for loss of pet should be lauded.
Commentary: Tread Lightly With Footnotes
Texas Lawyer
Monday, November 28, 2011
Footnotes can be distracting. But avoiding them entirely is not the answer, writes Martin J. Siegel. Used incorrectly and excessively, footnotes tax the reader and reflect poor writing. Used properly and sparingly, they add to a brief's overall effectiveness. He offers seven lessons for footnotes done right, starting with "Don't. They should be the rare exception, not the rule."
Commentary: Fulfilling Document-Preservation Obligations
Texas Lawyer
Monday, November 28, 2011
In the age of email, metadata, flash drives and cloud computing, most attorneys are acutely conscious of their duty to ensure that their clients appropriately preserve documents, writes Barbara S. Nicholas. An attorney should issue a written litigation hold immediately upon notice of a triggering event (e.g., potential claim) or a suit, whichever comes first. In a perfect world, the initial demand for litigation hold would contain the universe of information necessary to capture all systems and parties relevant to the claim or suit.
Commentary: Banishing the Word "Bossy" From Women's Vocabularies
Texas Lawyer
Monday, November 21, 2011
One of the reasons women seem to hit a wall in their careers goes back to a word they've heard consistently since elementary school: bossy, writes Kathleen J. Wu. Two studies report that when women who work in professions traditionally held by men are successful, they are less liked than similarly successful men.
