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December 31, 2002 |

Silence Is Golden

Houston-based Vinson & Elkins and Chicago's Kirkland & Ellis both provided legal advice necessary for Enron executives to allegedly orchestrate a fraudulent scheme to enrich themselves at the expense of Enron shareholders, and both were named as defendants in the shareholders' class action. But Kirkland has been dismissed from the suit; Vinson & Elkins has not. The difference? Kirkland was able to keep quiet.
6 minute read
January 24, 2007 |

Legal Wrangling Stalls 9/11 Workers' Suits

More than five years after terrorists took down the World Trade Center, the stalemated litigation over compensation for workers who suffered respiratory ailments clearing the disaster site has been so hard-fought that not a single case has been settled under a $1 billion captive insurance fund established by the federal government. At a recent status conference, Southern District of New York Judge Alvin K. Hellerstein said he was determined to put the city's "feet to the fire" and "move this case."
9 minute read
May 08, 2006 |

Alito, in First Opinion as a Justice, Backs Criminal Defendants' Right

Justice Samuel Alito Jr. penned his first opinion on the Supreme Court last Monday, holding that states may not prevent criminal defendants from introducing evidence at trial that another person committed the crime.
4 minute read
August 13, 2007 |

Internet Sources: Authentication & Admissibility

With such daily reliance on Web sites, the substance of which may not be verifiable, it is not surprising that issues of evidentiary authentication and admissibility of Internet sources under the Federal Rules of Evidence are coming under judicial review. The reliability of information contained on a large number of sites and the ability of sites, whether completely accurate or not, to shape certain perceptions have given rise to questions about dependability in a legal context.
9 minute read
November 24, 2008 |

Aim Before Firing: Apply Principled Compassion to Termination Decisions

We think we shape life. That's wrong. Life shapes us. All readers know how they first learned this. Here's my story, one that will help corporate counsel when it comes to deciding whether to impose the equivalent of capital punishment in employment: termination.
5 minute read
July 19, 1999 |

Thinking Out of The Jury Box

It's "twelve angry men" with a twist: A lawyer on a murder trial jury, convinced that the defendant is innocent, helps deadlock the panel and secure a mistrial. But when the case is retried, that same attorney winds up on the defense team and helps win an acquittal. That essentially is what happened this spring in New Orleans.
10 minute read
May 04, 1999 |

Sneak Attack

A California congressman slipped an anti-Delaware provision into a federal bankruptcy bill that would threaten Delaware's thriving bankruptcy practice by sharply paring away the corporate reorganizations that could be filed in the state. Delaware's influential congressional delegation is already riding to the rescue and expected to carry the day before the bill becomes law. The provision arose last month during the House Judiciary Committee's bill-drafting session on revising the U.S. Bankruptcy Code.
5 minute read
December 28, 2005 |

Immigration Law

Stanley Mailman, of counsel to Satterlee Stephens Burke & Burke, and Stephen Yale-Loehr, of counsel at True, Walsh & Miller, write that the House of Representatives has fired the first major salvo in the legislative battle to reform our nation's immigration laws. On Dec. 16, 2005 the House passed H.R. 4437, a tough immigration enforcement bill, by a vote of 239-182. Among other things the 257-page bill would criminalize the estimated 11 million undocumented immigrants currently living in the United States.
9 minute read
August 15, 2007 |

Computer Law

An increasing number of people are trading traditional research methods for their computers and the Internet, where the World Wide Web can readily provide them with access to Web sites through which they can study almost any topic imaginable. With such daily reliance on Web sites, the substance of which may not be verifiable, it's not surprising that issues of evidentiary authentication and admissibility of Internet sources under the Federal Rules of Evidence are coming under judicial review.
9 minute read
June 04, 2008 |

Lessons From a Hotel Lobby: Ask Wise Questions Before Terminating Employees

In 1975, Michael Maslanka dropped out of college and worked as a hotel desk clerk. Maslanka is an employment lawyer now, but he's never forgotten the lessons he's learned from his hotel boss. Here's one of the lessons that will help corporate counsel when it comes to deciding whether to impose the equivalent of capital punishment in employment: termination. It starts with what Maslanka calls "principled compassion" and the questions to ask to find if termination is warranted.
5 minute read

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