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Commentary

Commentary

Resolving 'Unfinished Business' From a Defunct Law Firm

Shari L. Klevens and Alanna Clair | April 23, 2018

If rainmakers have an incentive to stay at a firm through rough seas, the firm’s chance of survival may increase.

Commentary

The Business Case for Associate Development: Top Reasons to Invest in Associates

Kristin Aquino-Pham and Ted Blum | April 20, 2018

Firms typically spend substantial dollars on marketing and recruiting; however, positive testimonials about the firm, from the mouths of happy associates, are free.

Commentary

Your Client’s Clients Hold the Key

Robin Hensley | April 13, 2018

Supporting your current clients with their business development needs can develop business leads for you.

Commentary

You Exercise and Eat Right. Now, About Those Sleep Habits, Counselor

Jonathan Jordan | April 09, 2018

Catching enough shut-eye can be challenging for busy lawyers, but it is vital to well-being.

Commentary

Tips for Talking to the Media During Litigation

Shari L. Klevens and Alanna Clair | April 09, 2018

No matter the size of the client, many attorneys working on matters that may involve media requests will consider their obligations under Rule 1.4(a)(2) of the Georgia Rules of Professional Conduct, requiring an attorney to “reasonably consult with the client about the means by which the client’s objectives are to be accomplished.”

Commentary

Loser Pays: Employment Contract Clauses to Better Defend Your Company

Nick Panayotopoulos and Nan Rigby | April 06, 2018

'Prevailing party' clauses may better allocate the financial risks of litigation, as well as potentially discourage employees and former employees from pursuing meritless litigation.

Commentary

Summer Interns: Who Are They? Are You Classifying Them Properly?

Deepa N. Subramanian | April 06, 2018

While state laws may vary on this subject, when it comes to the federal Fair Labor Standards Act (FLSA), in determining whether an unpaid internship passes muster, the U.S. Department of Labor (DOL) is most concerned with the purpose of the internship and who is benefiting from it.

Commentary

In-house Counsel: Are Your Communications Protected?

Jonathan E. Hawkins | April 06, 2018

The attorney-client privilege does not simply follow an attorney by virtue of his or her profession.

Commentary

Meeting Our Clients in Immigration Detention Opened Our Eyes

Audra Dial and Alyson Wooten | April 05, 2018

I cannot imagine the despair that would result if, after that journey, I were told that my fears were unfounded and I would have to return to my homeland and face probable death.

Commentary

Going Solo: Six Financial Tips for Setting Up Your Own Law Firm

Eduardo “Eddy” Arriola | April 05, 2018

Many associates in large law firms dream of the day when they can go out on their own. However, without a clear understanding of the financial and operational realities involved in running a law practice, the transition from lawyer to small business owner can become a challenging one.

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Commentary

NLRB’s Pendulum Swings, Twists and Turns

Robert T. Dumbacher and Benjamin I. Han | April 04, 2018

In late September 2017, the National Labor Relations Board obtained a Republican majority for the first time in a decade. As labor law practitioners…

Commentary

Helping a Mother Bring Her Daughter Home From the Hospital

Ashley A. Akins | April 04, 2018

Chasdity’s mother was caught in a bind that separated her from her very ill adult daughter. She couldn't get Chasdity released until she could get home nursing care in place. But she couldn't get home care in place without Chasdity's records. She couldn't obtain Chasdity's records until she could become her legal guardian.

Commentary

Discovery Isn’t Done Till You Get Something Interesting

Jeff Kerr | April 03, 2018

Some documents that look bad, embarrassing or just weird will exist in every party's custody.

Commentary

Companies Can Help Employees Who Face Domestic Violence

Michelle W. Johnson | April 03, 2018

If an employer detects a pattern of signs that may indicate an abusive relationship, a trained human resources professional should reach out to the employee and let her know that the company is concerned about her well being.

Commentary

Rethinking Mandatory Life Sentences Without Possibility of Parole

Senior Judge G. Conley Ingram | April 02, 2018

If any criminal sentence can be removed from the constitutional parole board’s consideration by statute, the Legislature can render the parole board meaningless. I need a more persuasive place to stand on this issue without this troubling question.

Commentary

Behind Every Good Lawyer Is a Great Assistant

Robin Hensley | March 30, 2018

The essential value proposition of a legal assistant is time management.

Commentary

Ballard Spahr Mourns Atlanta Managing Partner

Jonathan Ringel | March 28, 2018

"Han was a leader, a teacher, a mentor, a friend. He was all of those things in one," said one associate.

Commentary

Tips For Cutting the Costs of Professional Liability Insurance

Shari L. Klevens and Alanna Clair | March 26, 2018

A premium-sensitive law practice may look at these statistics and consider whether it is worth it to continue engaging in a noncore practice area that falls within a high risk category.

Commentary

Eleventh Circuit Decision Shines a Light on Modern Segregation Efforts

Kevin Golembiewski | March 21, 2018

Although the U.S. Supreme Court decided Brown v. Board of Education nearly 70 years ago, segregation is still a reality in our public schools. But today’s segregation is more subtle. It’s de facto segregation—the days of communities intentionally segregating students are behind us. So they say.

Commentary

Shocking Testimony About Aetna: Lessons for Health Care Counsel

Yussuf Aleem and Ryan Morris | March 20, 2018

Based on our experience and the country’s judicial record, many health insurers throughout the country do not appear to follow proper claims procedures when making decisions concerning medical services.

Commentary

Public Notification of Data Breaches: Between a Rock and a Hard Place

John Amabile and Micheal Binns, Parker Poe Adams & Bernstein | March 19, 2018

Two Parker Poe attorneys write that they believe 2018 will see a growing emphasis on disputes arising from corporations' delays in notifying the public, the affected individuals and regulatory bodies about their breaches.

Commentary

Litigator Moves Seamlessly to Mediator

Robin Hensley, Raising the Bar | March 16, 2018

Construction litigator Keith Lichtman built a healthy practice helping clients address disputes, then he followed his passion and launched a mediation practice, too.

Commentary

Death Penalty Debate as 'Stocking Strangler' Execution Nears

Jack Martin for the inmate; Chris Carr for the state | March 14, 2018

A defense lawyer for Georgia death row inmate Carlton Gary argues his innocence. Attorney General Chris Carr summarizes the case.

Commentary

What Attorneys Should Know About Investing in Their Clients

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.

Commentary

A Second Look at the Second Amendment

Cary Ichter | March 08, 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.

Commentary

Advice to Doctors: Don't Make Your Email Subject Line 'Smoking Gun'

Jesse Broocker | March 07, 2018

We have seen collegial text communications actually drag doctors into lawsuits. I have literally seen email chains with the subject line “smoking gun.”

Commentary

The Business of Compliance in Health Care Transactions

Jennifer D. Malinovsky | March 05, 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.

Commentary

Do In-House Counsel Need Malpractice Insurance?

Jonathan E. Hawkins | March 05, 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.

Commentary

YL Board: This Is What Sexual Harassment in the Legal Industry Looks Like

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.

Commentary

Street Art Depicts a Complicated Picture of Rights: Commentary

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.

Commentary

To Fight Legal Malpractice Claims, Consider These Habits and Defenses

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.

Commentary

Organize Your Data to Combat Alternative Facts

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.

Commentary

To Understand US v. Microsoft, Consider 'Acme v. Shamrock'

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.

Commentary

'Take Your Adversary to Lunch' Can Pay Off Down the Line

Robin Hensley | February 16, 2018

The Atlanta Bar Association encourages members to take an adversary to lunch at this time of year to encourage civility and professionalism. It also can be taken as a chance to demonstrate character, build reputation and develop business.

Commentary

The Potential Death of the Georgia Arbitration Act

John C. Amabile | February 15, 2018

The U.S. Supreme Court has tilted the playing field so that any state law found to be contrary to the Federal Arbitration Act is subject to complete pre-emption.

Commentary

Our Employee Said What? Protecting the Corporate Attorney Privilege While Responding to Public Issues

Elizabeth O'Neill | February 14, 2018

Making decisions about whether or how to react when an employee’s comments have drawn public attention necessarily involves looking at the legal implications of alternative actions.

Commentary

The Michigan State Gymnastics Scandal: Lessons for and From Child Protection Investigations

Tom Rawlings | February 13, 2018

In almost every jurisdiction, teachers and other professionals who work with children are mandated reporters who must report suspected abuse. Perhaps these laws should be extended to protect adult sexual assault victims, as well.

Commentary

Using Clawback Agreements to Lessen the Blow of Discovery Mistakes

Shari L. Klevens and Alanna Clair | February 12, 2018

An attorney’s goal is to both protect against and limit the impact of the inadvertent disclosure of privileged materials. There are several ways that attorneys can accomplish that goal by addressing the risk before disclosure happens.

Commentary

When You Need Immigration Counsel, Even if You Don't Sponsor Immigrant Workers

Loren C. Locke | February 05, 2018

A lawyer can help the employer prepare to respond in a methodical and thoughtful way, rather than throwing together a hasty, uncoordinated response that could be inadequate or overly inclusive.

Commentary

Advice for US Employers Navigating the Current Immigration Climate

Karen Winarsky and Justin Russo | February 05, 2018

While the issue of “Dreamers” rightly dominates the news, more quietly, a sea change has begun in U.S. policy toward foreign professional workers due to President Donald Trump’s “Buy American, Hire American” executive order.

Commentary

When Your Client Offers You a Job, Consider These Rules

Jonathan E. Hawkins | February 05, 2018

Whether an in-house attorney’s “wages” fall within the definition of “fee” in Rule 1.5 (a) is debatable.

Commentary

True or False: A Check on the Immigration Rumor Mill

Dara Berger | February 05, 2018

Another tactic used to discourage illegal employment is an ICE audit. These rarely make the news but can often be much more effective.

Commentary

How One Lawyer Tracks Success

Robin Hensley | February 02, 2018

At any given time—even each day—the chief financial officer or senior manager can look at the success tracker and answer this question: How are we doing?

Commentary

Five Tips for Law Firm Associates in Complying With Their Professional Duties

Shari L. Klevens and Alanna Clair | January 29, 2018

Associates may sometimes feel that they serve two masters: their law firms and their personal obligations under the Rules of Professional Conduct.

Commentary

The Patriot: Remembering US District Judge William C. O’Kelley

Former clerks of Judge William O'Kelley | January 22, 2018

Judge O'Kelley displayed artistic interpretations of the Constitutional Convention in his Atlanta chambers, and he regularly quizzed his law clerks on the names of the Georgia patriots who signed the Constitution and the Declaration of Independence.

Commentary

How One Law Firm Planned for Growth

Robin Hensley | January 19, 2018

“We don’t want our lawyers to think of themselves as belonging to a particular office but to view themselves as being in the employment law section, for example, and happening to work in the Los Angeles office.”

Commentary

Patent Litigation: Coming to a Court Near You

Sharad K. Bijanki | January 16, 2018

Under either the residence or place of business theory of venue,, the result is that more patent cases are expected to be filed in Georgia in the long term, and the nature of the patent cases filed here will change, with more defendants being incorporated in Georgia or having a physical location here.

Commentary

Three Ways to Keep a Lawyer's Retirement From Being Scary

Shari L. Klevens and Alanna Clair | January 12, 2018

Every practice must decide for itself the criteria for determining when it is time for an attorney to transition, based on the demands and realities of the particular practice.

Commentary

Challenging the Fundamentals of Administrative Review in the Patent System

Lori A. Johnson | January 08, 2018

Just because many do not like the cost and lack of certainty associated with patent litigation, that doesn’t necessarily give Congress the ability to address the problem by removing the decision of patent validity from the federal courts.

Commentary

More and More, Faster and Faster

Ryan Schneider and Michael Hobbs | January 08, 2018

Technology and the internet are alive and well and provide intellectual property attorneys with an increasingly complex and uncertain work environment.

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