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Commentary

Commentary

Cooperating With Environmental Regulators Could Cost Coverage on Historical Contamination Sites

Craig A. Stanfield | August 21, 2018

Insurance coverage for responding to historic contamination outside of traditional litigation can vary significantly depending on what state law applies to your policy.

Commentary

Lessons in Applying the New Test for Maritime Contracts

Andrew M. Stakelum | August 17, 2018

Whether a contract for oil field services in the Gulf of Mexico constitutes a maritime contract has always been a significant issue for the offshore…

Commentary

When an Autonomous Vehicle Crashes, Who Pays for Damages?

Quentin Brogdon | August 16, 2018

The consistent prediction is that there will be fewer total crashes as AVs become more proliferate. But just how many fewer crashes will occur, and what will those crashes cost insurance companies?

Commentary

Why Must Women Wear High Heels?

Vivia Chen | August 16, 2018

Maybe it's become a talking point among those in the women-empowerment racket, but I have a hard time understanding the notion that expensive, sky-high pumps boost a woman's confidence. Pain is not empowering.

Commentary

Tips for Protecting Confidential Documents and Records

Shari Klevens and Alanna Clair | August 13, 2018

Attorneys learn client confidences as part of the attorney-client relationship. An attorney who discloses client confidences and secrets may face discipline…

Commentary

Mitigating Energy Litigation Where Gaps in Jurisprudence Exist

Dan Donovan, Ragan Naresh and Alexandra Caritis | August 10, 2018

While oil and gas litigation is now back on the Appalachian court dockets, gaps in the jurisprudence could lead to potential pitfalls for the unwary.

Commentary

This One Psychological Term Could Be Responsible for a Lot of the Strife in Law and Life

James H. Dolan | August 10, 2018

Lawyers would do well to grasp the process of splitting, because law practice is based on it. It is so thoroughly ingrained in the legal mindset that it becomes habitual, and is applied to all problems, not just those in legal work.

Commentary

Perspective From the Ground: Many Immigrant Families Are Fleeing Violence, Not Pursuing Economic Opportunity

T. Clark Weymouth and Amy Roma | August 09, 2018

To suggest that most migrants are coming to the United States for economic reasons is both uninformed and dangerous.

Commentary

Want to Improve Your Trial Skills? Be Cognizant of the Clock

David K. Bissinger | August 08, 2018

Lawyers, penned up in their offices, are poor candidates for entertaining twelve strangers when those strangers have become accustomed to the instant gratification every juror has available on a mobile device.

Commentary

What Practitioners Need to Know About Arbitration Class Waivers

Alan Bush | August 06, 2018

Both President Donald Trump and #MeToo swung for the fences on the same issue: employee arbitration. Here’s the box score.

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Commentary

A Texas 2L and His 3-D Guns + More Summer Fun!

Vivia Chen | August 02, 2018

Look what you can do while you're in law school: Develop weaponry! Also, Don McGahn apparently is in the dumps. And, the dimwitted need not apply to law school right now.

Commentary

Lawyers Aren't Immune to Those 'Wanna Get Away' Moments

John G. Browning | August 01, 2018

Remember the Southwest Airlines advertising campaign featuring people caught in embarrassing or awkward situations calling for a quick exit—followed…

Commentary

5 Practical Strategies to Bring Discovery Costs Under Control

Eric Willis | August 01, 2018

Corporate law department management is quickly changing into a business process. General counsel and team need to accommodate tightening budgets and…

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

Employing Healthy Billing Practices

Shari Klevens and Alanna Clair | July 31, 2018

Lawyers often complain about the business side of running a law practice, particularly when it comes to issuing invoices and collecting fees. Some…

Commentary

Five Golden Opportunities That Come Only With Experience

Michael P. Maslanka | July 31, 2018

This month, I turn 65. At this milestone, I’d like to share five beliefs I now hold. Let me add: This is not, I hope, my "Last Lecture." Those decisions are well above my pay grade. So, join me in looking in life’s rear-view mirror.

Commentary

Should Jerry Be Worried?

Micah Dortch and Maryssa Simpson | July 31, 2018

The recent Reggie Bush injury award in Missouri raises interesting questions about premises liability claims and athletes as plaintiffs.

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

Practicing in Multiple Jurisdictions Ethically

Shari Klevens and Alanna Clair | July 18, 2018

The modern law practice has provided an opportunity for many attorneys to expand or experiment with niche practices across multiple jurisdictions.…

Commentary

Protecting the Privilege of Pre-Merger Communications

Shari Klevens and Alanna Clair | July 17, 2018

When Company A acquires Company B, in many cases it will also come to share in the attorney-client privilege formerly belonging to Company B. This…

Commentary

How This Fortune 500 GC Is Strengthening Her Law Firm Panel Relationships

A. Verona Dorch | July 17, 2018

Peabody Energy's chief legal officer gives behind-the-scenes insight into what she learned from creating a roster of panel firms and what she thinks of AdvanceLaw's findings on panels through its GC Thought Leaders Experiment.

Commentary

For Solicitor General Noel Francisco, It Was a Banner SCOTUS Term

Ken Starr | July 09, 2018

The SG’s perfect record in switch-in-position cases demonstrates the triumph of ideas and principles that capture the essence of any administration.

Commentary

Let These Incidents Serve as a Cautionary Tale About Practicing Law While Drinking

John G. Browning | June 29, 2018

The practice of law has always been one of the most widely respected and vital professions in our country. Yet it has also been well-documented that a significant percentage of lawyers struggle with alcoholism and/or substance abuse, depression, and other mental health concerns.

Commentary

What Legal Risks Are Posed by the Internet of Things?

Sheryl Falk and Serge Jorgenson | June 29, 2018

We live surrounded by the Internet of Things, or more simply put, connected devices. They know what temperature to heat our rooms, what time we get out…

Commentary

Cyber Crime and the Standard of Care

James W. Walker | June 29, 2018

Protecting the confidentiality of communications and client-sourced documents can prove challenging in an age of routine cyberattacks.

Commentary

Ten Golden Nuggets in Dividing Retirement Plans in Divorce

Charla H. Bradshaw | June 29, 2018

Whether the retirement order is outsourced, or provided by the divorce attorney, the divorce attorney is responsible that the order not only gets done, but that it qualifies with the retirement plan.

Commentary

Work Matters: Understanding the Cultural Zeitgeist and How it Affects the Law

Michael P. Maslanka | June 29, 2018

While a cultural zeitgeist doesn’t always translate into a legal ones, the second needs the first in order to flourish.

Commentary

Parental Alienation In Child Custody Cases

Robert S. Hoffman and Jennie R. Smith | June 29, 2018

While parental alienation has always existed, only recently have family courts begun to take notice of the issue when it occurs, to recognize that it is profoundly harmful to any child or children caught in the middle of a custody case, and to understand that serious measures must be taken to remedy the situation.

Commentary

The Royal Wedding and the Role of Prenups

Brad LaMorgese | June 29, 2018

Let’s assume for a moment that the royal couple had married in Texas, where premarital agreements offer many options because they are considered legally binding contracts.

Commentary

Not So Fast! We Have Mandatory Arbitration

Larry Carbo and Kellen Scott | June 27, 2018

Courts routinely enforce arbitration agreements and order employees or former employees to pursue the relief they seek in an arbitral forum and, if appropriately drafted, on an individual basis rather than as part of a class.

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

Ex Parte Arbitration: An Idiosyncratic and Unfair Default Rule

Jason A. Rose | June 21, 2018

Public policy strongly favors requiring parties to arbitrate disputes that arise under a written contract with an arbitration clause. Arbitration is…

Commentary

Why This GC of a $25B Company Has Migrated Work Away From the Largest, Most Elite Firms

Bill Deckelman | June 19, 2018

DXC Technology general counsel Bill Deckelman reacts to the GC Thought Leaders Experiment findings on performance of the largest, most pedigreed firms and what he has found from moving work away from those firms.

Commentary

Current Trends in Corporate Venturing

Courtney S. York | June 14, 2018

The following explores some of the key current trends relating to corporate venture capital.

Commentary

Proactively Managing Cybersecurity Risks in Vendor Contracts

Angela Zambrano and Meaghan Nowell | June 13, 2018

It is increasingly important for companies to pay close attention to relationships with any vendors that access personal data or sensitive commercial data.

Commentary

Considerations for Cloud Computing Agreements

Jill A. McWhirter and Rajesh D. Patel | June 13, 2018

When negotiating agreements with cloud service providers, it is important to know how cloud computing works, the risks associated with cloud computing and how these risks should be addressed, and the type of support that the business will need on an ongoing basis.

Commentary

Ouch! ’Tis the Season for ‘Golf Ball Law’

Randy Maniloff | June 13, 2018

Will a spectator injured at the U.S. Open suffer the same fate as an unlucky baseball fan? At least one case says "no."

Commentary

Ready Player One? Avoid Getting Played on Utility Tokens

Robert Long and Ross A. Williams | June 06, 2018

Utility tokens have been “hot commodities” in the cryptocurrency world.

Commentary

This is an Awesome Time to be a Big Law Associate—Not!

Vivia Chen | June 05, 2018

Too much upbeat news makes The Careerist skittish. And there's plenty out there right now for young lawyers.

Commentary

Growing the Ranks of Women Partners From the Outside

Kathleen J. Wu | June 05, 2018

Women make up 45 percent of associates but one-fifth of partners.

Commentary

Hurricane Season Is Timely Reminder for Firms to Address Storm Preparedness

John Meredith | June 05, 2018

With solid plans in place and an unstinting focus on employee safety and client assistance following a disaster, you can weather the storms that come your firm’s way.

Commentary

Defending a Deposition Ethically

Shari Klevens and Alanna Clair | June 05, 2018

Defending a deposition can be challenging, especially when opposing counsel engages in misconduct or otherwise attempts to circumvent the rules. The…

Commentary

If We Want Gender Equity, It's Time for Quotas

Vivia Chen | May 31, 2018

Clients don't seem eager to help break the chain. More forceful measures are needed.

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

Breaking Up a Partnership Doesn’t Have to Be Hard

Rogge Dunn | May 23, 2018

When law partners decide to establish their own new practices, the breakup can be challenging, but it can also be amicable.

Commentary

Global Talent Mobility: What Oil and Gas Employers Need to Know

Dilnaz Saleem | May 22, 2018

A major obstacle facing oil and gas companies is locating, recruiting, and retaining global talent in light of the heightened attention and scrutiny…

Commentary

Controverting Affidavits for Medical Expense Calculations in PI Cases

Meloney Perry | May 22, 2018

Using controverting affidavits effectively and efficiently remains a constant battle in Texas personal injury cases. The controversy over controverting…

Commentary

Tips for In-House Lawyers in Law Firms

Shari Klevens and Alanna Clair | May 21, 2018

Many firms have an in-house attorney or even a general counsel dedicated to managing risk for the firm and protecting the firm’s legal interests.…

Commentary

Inter Partes Review Changes How Patent Cases Are Appealed

Brad Y. Chin, Kevin R. Tamm, and Yeon J. Ko, Ph.D | May 16, 2018

The Supreme Court issued decisions in the cases of Oil States v. Greene’s Energy and SAS v. Iancu, addressing the constitutionality of inter partes…

Commentary

How to Prevent Internal Control Breakdowns and Workplace Harassment

Sonja J. McGill | May 16, 2018

Robust internal controls are vital for companies to detect and remedy fraud, waste and abuse, i.e., embezzlement, as a component of its financial oversight. Incorporating similarly robust internal controls for addressing sexual harassment complaints must be a priority.

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O'Toole Scrivo Fernandez Weiner Van Lieu, LLC are pleased to announce
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