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June 25, 2007 |

What In-House Counsel Can Learn From Those Lost White House E-Mails

The disappearance of thousands of White House e-mails bruised the Bush administration's credibility this spring and gave the media and Democrats in Congress plenty of reasons to suspect negligence or wrongdoing. The episode offered key lessons for executives and in-house lawyers at any large company or government agency. But to find those lessons, say attorneys William McComas and Joseph E. Sandler, we must strip away the political trappings and see it for what it was: a colossal records management failure.
8 minute read
October 07, 2009 |

Under Obama, Justice Dept. Scrutinizing Global Practices

President Obama's promise for change is sending ripple effects across large sectors of the economy, including corporate legal departments. Stricter enforcement of regulations, which was lax under recent administrations, already requires greater attention to global litigation practices — and we are less than one year into the new administration.
7 minute read
February 18, 2002 |

What Judges Do

Conservatives frequently declare that our Founders viewed the task of judging as being one strictly of interpreting the letter of the law — not "legislating from the bench." Mark Kozlowski takes a closer look at how the Founders expressed their views on the subject, and finds their intentions to be, in fact, quite complex..
6 minute read
March 27, 2013 |

Dozens of briefs filed before DOMA arguments

Just before signing the Defense of Marriage Act into law in 1996, President Bill Clinton said, "I have long opposed governmental recognition of same-gender marriages and this legislation is consistent with that position."
8 minute read
June 18, 2008 |

Commentary: Dig Deep for Rule of Law

The recent World Bank report calculating the wealth -- both tangible and intangible -- of nations raises the question of how much the United States values the rule of the law. America has prospered more than many other nations partly because of our historical commitment to law and order. But with federal judges earning paychecks equivalent to those of first-year associates, these scant salaries could be an early warning sign that we are failing to invest sufficiently in the rule of the law.
5 minute read
July 25, 2007 |

Discovery Rule May Help Pay Discrimination Claims After 'Ledbetter'

The U.S. Supreme Court's Ledbetter decision, which held that pay discrimination claims must be brought within 180 days of the discriminatory act to be timely, has been widely viewed as a blow to potential claimants. However, retired U.S. Department of Labor attorney David A. Drachsler notes that a footnote in the decision highlights a possible avenue of escape for Title VII claimants who would otherwise be time barred: a discovery rule. It's unsettled whether such a rule applies in Title VII claims.
7 minute read
July 26, 1999 |

The Risks of Using Informers in Cases of Employee Wrongdoing

A company that suspects wrongdoing by a current or former employee, or is defending itself against a lawsuit, is faced with several difficult decisions -- foremost of which is how to protect the company and expose the wrongdoer. The safest decision may be to hire a professional investigator. If the company chooses to hire a non-professional informer instead, just how dangerous is that option? A recent lawsuit against Morgan Stanley Dean Witter & Co. illustrates the issues.
12 minute read
March 27, 2006 |

Designing the Firm Site With Web-KEA

I am pleased to announce the rollout of Web-KEA, your one-stop all-inclusive Web site design source. For a single all-inclusive fee, firms can have Web-KEA's slightly acclaimed Web designers create a Web site marginally different enough from your competition's site that you'll feel like you've really staked out your firm's identity in cyberspace.
6 minute read
August 16, 2004 |

Certificate of Merit in Legal Mal Case Must Be Independent

Insisting on independent certificates of merit in legal malpractice cases, a Superior Court panel has ruled that verifications from plaintiffs' attorneys are "unsatisfactory substitutes" for certificates of merit from "appropriate licensed professionals.
5 minute read
February 25, 2003 |

Winning Allegiance

13 minute read

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