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Commentary

Commentary

Social Media Issues to Consider in Civil Litigation

Daniel I. Prywes | August 14, 2018

Some courts have allowed a workaround in which the court orders the opposing party to “consent” to the social media provider’s disclosure of social media content, followed by a “consensual” request sent to the social media provider.

Commentary

How to Balance Obligations to Your Clients and Their Insurers

Shari L. Klevens and Alanna Clair | August 13, 2018

This can be a complex relationship by which insurer and policyholder can share a privilege, but where the insurer may have the right to control or direct the defense.

Commentary

Is That Lateral Partner a Sexual Harasser?

Vivia Chen | August 09, 2018

Heavy-handed, "Mad Men"-style harassment still happens in Big Law.

Commentary

In Light of 'Lakeridge,' What's the Appropriate Standard of Review in Future Appeals?

John A. Thomson Jr. | August 06, 2018

The Lakeridge decision actually stands for the larger overarching conclusion that there is no fixed, pre-ordained answer as to which standard of review an appellate court should apply when an appeal presents mixed questions of law and fact

Commentary

Outsource Document Review at Your Own Peril

Edwin Schklar and Maggie M. Heim | August 06, 2018

One consequence of outsourcing document review is that it might defeat your ultimate goal of winning or achieving a great settlement. Another consequence is that it might cost your business more money in the end.

Commentary

Sanctions Law: A Litigation Frontier

Laurie Webb Daniel, Holland & Knight | August 06, 2018

Years ago, someone bringing such a motion risked scorn, as many considered it unprofessional to accuse a fellow lawyer of improper conduct except in the most egregious of circumstances.

Commentary

Ruth Bader Ginsburg: She's Come a Long Way, Baby!

Leah Ward Sears | August 02, 2018

Justice Ginsburg's powerful dissent in the Ledbetter case explained how companies can hide gender salary discrepancies, and she argued that no time limit should have applied to Ledbetter's claims of unequal treatment.

Commentary

Insurer Had No Duty to Defend After Waffle House Shooting

Steven A. Meyerowitz | August 02, 2018

The district court explained that it was “clear” that the allegations in the Horne parties’ lawsuit arose from an alleged assault and battery or physical altercation within the meaning of the assault and battery exclusion.

Commentary

Cautious Optimism Over the Increasingly Prevalent Alternative Fee Arrangements

Edward M. Slaughter, S. Christopher Collier and Michael Arndt | August 01, 2018

While we celebrate the innovation and look forward to working under alternative fee arrangements more often, the death knell for billable hours hasn’t sounded yet.

Commentary

What Lawyers and Firms Should Do to Balance Law and Family

Pamela Newsom Lee and Crystal Stevens McElrath | July 31, 2018

We make time for the things that matter most, so deciding what matters most on any given day and at different stages of your career and children’s lives is key.

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Commentary

Government Inquiries Create Risks for Clients—and Their Lawyers

Shari L. Klevens and Alanna Clair | July 30, 2018

When an attorney is asked questions about client activities, there could be a risk that responding to those questions could implicate confidential information or be detrimental to the client.

Commentary

In Defense of a White, Middle-Aged Male

Vivia Chen | July 26, 2018

Comparing pregnancies to illnesses and questioning the necessity of a 90-day-plus leave were boneheaded moves for the Shook Hardy partner placed on leave over opposing counsel's continuance request, but they shouldn't make him the poster boy for bad male behavior.

Commentary

How Law Firm Sites Can Avoid Google's 'Not Secure' Stamp

Dave Slovin | July 25, 2018

It’s time to encrypt your law firm’s website, or visitors will see a “not secure” warning.

Commentary

Georgia Appeals Court: Contractor Can Testify as a Witness, but Not an Expert, Against Insurer

Steven A. Meyerowitz | July 20, 2018

An appellate court in Georgia has ruled that a trial court had not abused its discretion in finding that a witness could not offer expert opinion testimony on behalf of two insureds in their lawsuit against their insurer—but that the trial court had abused its discretion in finding that the witness could not offer his opinion as a lay witness.

Commentary

Florida v. Georgia Equitable Apportionment Water Litigation: Where Do We Go From Here?

Craig Pendergrast | July 19, 2018

Where will the special master take the proceedings on remand? What will the Supreme Court do with a new report from the special master following those proceedings? What might Georgia do to improve its position while the litigation continues?

Commentary

Don’t Leave Your Clients in the 'Lerch:' Understanding Transmutation of Property in Georgia

Michael P. Hodes | July 18, 2018

The case reminds us that when a gift is given to a marital couple, such as the deed transfer in this case, the property is considered marital as well—unless there is documentation that demonstrates intention to the contrary.

Commentary

New Data Confirms Risks of Legal Malpractice Claims

Shari L. Klevens and Alanna Clair | July 16, 2018

According to the Ames & Gough study, five major insurers made payouts in 2017 that exceeded $50 million, while three paid a claim between $50 and $100 million, and one paid out in excess of $150 million.

Commentary

Consensus Drove Succession Planning at Burr & Forman

Robin Hensley | July 13, 2018

Thuston knew succession doesn’t always go smoothly at law firms. Bruised egos can take a long time to heal, and sometimes firms take years to recover from the fallout that can accompany transitions.

Commentary

Cave-Diving Atlanta Lawyer on Thai Rescue: 'Miraculous'

Robert Highsmith | July 11, 2018

To the dangers present in every submerged cave, the Tham Luang rescue added far more.

Commentary

Star Litigators Notch First Win in Suit Against Charlottesville Neo-Nazis

Jenna Greene | July 11, 2018

Suing white supremacists is not for the faint of heart—but Roberta Kaplan and Karen Dunn are not backing down.

Commentary

Coordination Game: The Global Cybersecurity Legal Ecosystem and Business Obligations for Data Protection

Todd McClelland | July 10, 2018

Practices adopted to comply with U.S. breach notification and cybersecurity obligations may not be sufficient in other international jurisdictions.

Commentary

The GDPR Enforcement Deadline Has Passed: What’s Next?

Bess Hinson | July 10, 2018

There is more to do, and complacency may now be the company’s biggest risk.

Commentary

Emails and Encryption: What Is a Lawyer to Do?

Roy E. Hadley Jr. | July 09, 2018

Recent examples of lawyers’ email accounts being hacked are numerous.

Commentary

Cyber for Growth: How Security Planning Is Good for the Bottom Line

Mitzi Hill | July 09, 2018

Showing that you are prepared is increasingly a requirement for your customers, investors, employees and potential acquirers.

Commentary

Motherhood Isn't the Culprit for Big Law's Gender Equity Failures

Vivia Chen | July 05, 2018

Women lawyers shouldn’t be viewed as moms first when it comes to the workplace.

Commentary

What the Brangelina Story Means About Keeping Your Settlement Agreement Out of Public View

Jon Hedgepeth | July 05, 2018

Requesting that a divorce settlement agreement stay private is more than just a simple question to the court. It’s a process. And the parties involved don’t always get what they want.

Commentary

The Practice Is a Profession

Shari L. Klevens and Alanna Clair | July 02, 2018

Even though it is commonly accepted that professionalism and civility are cornerstones of the profession, they can still create a tension for attorneys who are simultaneously tasked with zealously representing clients and advocating for their positions.

Commentary

A Better Way to Pitch for Business

Alexander Geisler | June 26, 2018

What truly stands out in today's competitive market? Hint: It's not about legal bona fides or your resume.

Commentary

Lessons on Maintaining Confidentiality Online

Shari L. Klevens and Alanna Clair | June 18, 2018

Information that is protected as “confidential” is generally broader than what is considered “privileged.” As confirmed by the opinion, confidential information can include the client’s identity.

Commentary

Here’s What Law Firms Need to Know to Work With In-House Counsel

Robin Hensley | June 15, 2018

Cox Communications' GC says litigation costs are four times the rest of her budget, with a revolving door of up to 40 active cases.

Commentary

Be Aware of Limits on Attorney-Client Agreements

Shari L. Klevens and Alanna Clair | June 04, 2018

Given the special nature of the attorney-client relationship and the duties involved in such a relationship, attorneys cannot represent just any client who wants to hire them.

Commentary

What Clients Really Want From Outside Counsel

Lean Adviser Legal | May 31, 2018

It doesn't take a magic formula or a lengthy pitch to impress clients, just master these five fundamentals.

Commentary

Fighting ISIS, Kurdish Lawyer Takes Work-Life Balance to a New Level

Laurie Webb Daniel | May 24, 2018

The chair of Holland & Knight's national appellate team and Atlanta's litigation practice group concludes that the film "Girls of the Sun" is a good story for giving women a chance and a stronger foothold in the film industry and the world.

Commentary

Consider Mandatory Arbitration to Resolve Fee Disputes

Shari L. Klevens and Alanna Clair | May 21, 2018

It is well-recognized that often, when an attorney sues a client for unpaid fees, the client will bring a counterclaim for legal malpractice. Some sources indicate that the likelihood of receiving such a counterclaim could be as high as 40 percent; others place it even higher.

Commentary

An Introverted Lawyer’s Guide to Marketing

Robin Hensley | May 18, 2018

Curfman believes that emotional intelligence is the key to marketing, whether you’re an introvert, extrovert or somewhere between.

Commentary

Shock. Shock. The Mommy Track Is a Dead End!

Vivia Chen | May 08, 2018

Why do we perpetuate the myth that it's viable to avail yourself of every family-friendly offering and never lose your place in the race?

Commentary

Michelin's Former and Current GCs Offer a Lawyer's Guide on Expectations

Dan Sanders and Valerie P. Williams | May 07, 2018

The best way to achieve a goal is to set it. The same is true for expectations. Be simple, clear, and direct. And be candid and constructively self-critical in the assessment.

Commentary

Solving Conflicts of Interest of Nonattorney Staff

Shari L. Klevens and Alanna Clair | May 07, 2018

Not all law firms treat these issues with the seriousness they may deserve.

Commentary

Charting a Successful Path to Retaining Outside Counsel: Best Practices for Businesses

Stephen M. Parham | May 07, 2018

Understanding and communicating expectations on both sides gives a business the foundation to learn of and act quickly on changes in circumstance.

Commentary

For Firms Welcoming Summer Associates, It’s Time to Think Outside the Bottle

Patrick Krill | May 04, 2018

The lawyers of tomorrow are increasingly aware of—and not OK with—the mental health and substance abuse risks that can come with life in the law.

Commentary

Daily Dicta: Game, Set and Match for King & Spalding in Xerox Merger Case

Jenna Greene | May 02, 2018

Faced with a devastating court ruling, Xerox on Tuesday threw in the towel, firing its CEO and half of its board of directors to resolve a proxy contest. It’s a stunning victory for King & Spalding lawyers and their client Darwin Deason.

Commentary

Attorney-Client Privilege, the Cohen Raid and the Mueller Investigation

John M. Gross | April 26, 2018

Is everything in a lawyer’s office protected by attorney-client privilege? The answer is almost always “no.”

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.

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