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Stopping Problem Representations Before They Start

Shari Klevens and Alanna Clair | October 10, 2018

The practice of law is also a business. Attorneys have to attract and retain clients who pay their bills in order to keep the practice afloat. Sometimes,…

Commentary

Well, That Was Awful

Jenna Greene | October 08, 2018

The fight over the confirmation of Brett Kavanaugh to the U.S. Supreme Court was stomach-churning and angry and sad, and it’s left the high court further politicized.

Commentary

Addressing #MeToo Transgressions Begins By Admitting We Have a Problem—A Problem That Implicates All of Us

Jim Dolan | October 05, 2018

"We" are the men who are not #MeToo transgressors, but who still refuse to the see the problem. We try to absolve our responsibility by saying things like "boys will be boys." We minimize complaints. We avert our gaze.

Commentary

5 Oral Communication Clichés Re-Imagined

Michael P. Maslanka | September 30, 2018

I strive to transform clichéd and tired sounding truths—made so by well-meaning yet constant repetition—into vibrant and accessible ones. So here are five truths re-imagined.

Commentary

More Disorder in the Court

John G. Browning | September 30, 2018

Our courts deal with the most serious of issues every day, making what in some cases are literally life or death decisions. So you can imagine how welcome…

Commentary

What Does Asylum Look Like in a Changing World?

Amber Gracia | September 28, 2018

The recent changes to asylum law, both on the books and on the ground, are driving the current state of U.S. asylum policy even further away from the spirit of the 1951 Refugee Convention.

Commentary

5 Things You Need to Realize About Your Realization Rate

Alexander M. Geisler | September 26, 2018

Don't ignore your realization rate, take control. Need a reason? It matters a lot to the people who determine your pay.

Commentary

Partners and Associates Have Obligations

Shari Klevens and Alanna Clair | September 25, 2018

These duties can be particularly complex when one attorney has concerns about whether another attorney at the firm is acting ethically.

Commentary

When Worried About Collusion, Insist on Independent Counsel

Syed S. Ahmad and Cary D. Steklof | September 25, 2018

A recent Fifth Circuit case highlights significant coverage implications for insureds that can arise under these circumstances

Commentary

The Alphabet Soup of Regulators in the Crypto Space Just Added a Few More Letters

Robert Long and Ross A. Williams | September 21, 2018

OFAC, the Office of Foreign Asset Control, appears to be getting in on the crypto regulatory action. OFAC administers and enforces economic and trade sanctions based on U.S. foreign policy and national security goals.

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Commentary

Settlement Should Never Be the Only Option

Jonathan Rauchway and James Henderson | September 11, 2018

When confronted with a significant lawsuit, every company, no matter the size or industry, must make a careful assessment of the risks involved in taking the case to trial.

Commentary

Conflicts Can Come From Unexpected Places

Shari Klevens and Alanna Clair | September 11, 2018

Most attorneys are well-versed in navigating traditional conflicts. However, there can be potential conflicts created outside the traditional attorney-client relationship that create greater risks because sometimes they may go unnoticed.

Commentary

The Ironies of Lawyers Getting Ensnared by the Law

John G. Browning | August 31, 2018

With all due respect to Alanis Morissette, the legal system may not be quite like a person who overcomes a fear of flying—only to have his plane crash,…

Commentary

Time is Ticking on International Talent Acquisitions

Stephen P. Pazan | August 31, 2018

For many people, merit-based immigration is most closely associated with the polemic H1-B visa program. There is another proven job creating merit-based…

Commentary

Safeguarding the ADA and Those It Protects

Michael P. Maslanka | August 31, 2018

The Americans with Disabilities Act is broken. As the sportscasters intone, let’s go to the stats.

Commentary

Managing Cross-Border Data Protection Amid an Evolving Privacy Landscape

Deana Uhl | August 30, 2018

Modern conventions of privacy date back only as far as the industrial revolution, when society adopted the concept of individual and familial privacy,…

Commentary

Discovery Pitfalls in Cross-Border Litigation

Brian Boyle | August 30, 2018

When it comes to obtaining foreign discovery in cross-border cases, the main takeaways are simple: Make a plan for such discovery early in the case, and get local counsel involved. Otherwise, the time-consuming process of foreign discovery may result in evidentiary holes that cannot be filled in time for trial.

Commentary

New Tools for Defeating Nonclient Suits Against Lawyers

Gregg Weinberg | August 30, 2018

Recent Texas Supreme Court rulings have supplied some tools for lawyers who find themselves having to defend themselves from malpractice lawsuits by pro se litigants.

Commentary

Good Client Communication Isn't Just Good Customer Service, It Can Also Help Avoid Malpractice Claims

Kelli Hinson | August 30, 2018

Good client communications can be the key factor in bringing a quick end to a malpractice claim or avoiding one altogether.

Commentary

Words Matter When Appearing Before a Judge

Shari Klevens and Alanna Clair | August 29, 2018

Any attorney who appears regularly in court knows the importance of being candid and direct with the Judge. However, sometimes an attorney can make…

Commentary

The Shrinking Reach of US Jurisdiction in Cross-Border Disputes

Brian Boyle | August 28, 2018

Cross-border disputes that played out in U.S. courts in the past have become more susceptible to jurisdictional challenges from foreign defendants hoping to avoid litigating in the United States.

Commentary

Great Ideas for Law Firm Newsletter Content

Amy Boardman Hunt | August 22, 2018

We’re big fans of law firm newsletters. They’re an unobtrusive way to stay in touch with your clients, prospective clients, and referral sources. A…

Commentary

How We Built a Mentoring Program that Actually Works

Tiye Foley and Kristine Roberts | August 22, 2018

Since its inception in 2005, the Baker Donelson Women's Initiative has included a mentoring component for the firm's women attorneys. Over the years,…

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.

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.

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