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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

The Imperfect Storm: Harvey Litigation Will Be Fought Under Hailstorm Bill's Rules, While 'Menchaca' Looms in the Background

Stephen Pate | June 01, 2018

while there is something good for both the policyholder and for the carrier in recent statutes and rulings impacting Harvey litigation, it remains to be seen whether the volume of Harvey litigation will reach Hurricane Ike levels.

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Commentary

How Extra-Contractual Damages Can Protect Insureds From Obstinate Insurance Companies

Ernest Martin Jr. and Michael Stoner | June 01, 2018

Extra-contractual damages provide crucial protection for insureds dealing with obstinate insurance companies who fail to uphold their end of the special relationship.

Commentary

Lawyering in Two-Lawyer Households: Balancing Brief-Writing and Bedtime

Chad Golder | May 31, 2018

Two-lawyer families should always remember Marty Ginsburg’s wise words: “I have been supportive of my wife since the beginning of time, and she has been supportive of me. It’s not sacrifice; it’s family.”

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.

Commentary

Trending Now: Crappy Law Schools and Crappy Lawyers

Vivia Chen | May 15, 2018

Not to be alarmist, but some recent developments portend that the profession is going to hell.

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

Limiting Attorney Exposure When Evaluating Clients

Shari Klevens and Alanna Clair | May 08, 2018

Although lawyers regularly conduct investigations into clients’ affairs and provide evaluations to their clients, their audience for such work is…

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

Without Accidents, Aviation Law Grows in New Areas

Pamela C. Hicks | May 01, 2018

When I first started working on aviation cases 20 years ago, it was not uncommon for my time to be spent defending lawsuits related to commercial airline…

Commentary

Can Seamen Sue for Punitive Damages, Even After 'Miles'?

Jim T. Brown and Andrew J. Miller | May 01, 2018

In the aftermath of the U.S. Supreme Court's 1990 landmark decision in Miles v. Apex Marine Corp., federal and state courts have grappled with whether…

Commentary

Yes, That Really Happened

John G. Browning | May 01, 2018

Sometimes, you will hear about some crazy “I can’t believe someone did that or said that” moment in our justice system and wonder, did that really…

Commentary

How to Identify Bias in the Courtroom

David K. Bissinger | April 30, 2018

Lawyers will enjoy more success in their practice by acknowledging, rather than ignoring, the natural biases of the participants and developing a practical understanding of bias in their practices.

Commentary

Terminating an Attorney-Client Relationship Ethically

Shari Klevens and Alanna Clair | April 24, 2018

The decision to end a representation entails a number of considerations, including both practical and ethical concerns. Depending on the nature and duration…

Commentary

State Legislatures, Local Governments and Courts Attack Employer Use of Salary History

Robert Nichols and Lauren West | April 23, 2018

While recognizing that the drafters of the Equal Pay Act of 1963 (EPA) had, in passing this law, spoken eloquently of the need for gender-based pay…

Commentary

Selected Hot Topics for the Business Aviation Community in 2018

David T. Norton | April 19, 2018

The business aviation community — anyone operating aircraft ranging from multi-engine business jets down to single-engine piston airplanes under…

Commentary

Immigration May Be on Hold in Congress, but the Trump Administration Continues to Restrict Legal Immigration

Charles C. Foster | April 10, 2018

Over a year ago, Donald J. Trump was inaugurated and set out to make good on campaign promises that would deport illegal immigrants and seek funds…

Commentary

Strategies for Collecting Fees from Clients

Shari Klevens and Alanna Clair | April 10, 2018

Collecting legal fees can be just as important to a law firm’s success as effectively handling client representations. Although attorneys spend years…

Commentary

After the Driverless Fatality, Insurance and Litigation Will Be Forever Changed

Randy Maniloff | April 10, 2018

Unlike an inconsequential glitch with your office computer, in the case of driverless cars it's control, alt and someone’s life is deleted.

Commentary

Is the FCC About to Get Throttled? The Likelihood of Success on Reversing Net Neutrality

Michael A. Holmes | April 05, 2018

In December 2017, the Federal Communications Commission, led by former Verizon executive and Trump-appointee Ajit Pai, issued its order to reverse…

Commentary

'Forum' and 'Venue': A Distinction With a Difference in Texas

Jim Zucker and Wyatt Dowling | April 05, 2018

Courts and lawyers often use the words “forum” and “venue” interchangeably. However, the terms have different meanings and have significantly…

Commentary

Creative Plaintiffs Drive Rapid Evolution of Patent Venue Law

Kirt O’Neill and Colin Phillips | April 03, 2018

After the Supreme Court drastically altered patent venue law last year, plaintiffs are scrambling for ways to keep suing corporate defendants in perceived plaintiff-friendly forums, such as the Eastern District of Texas.

Commentary

OSHA on the OCS? Fifth Circuit Affirms Preemption of OSHA Regulations on OCS MODU

Kat C. Statman | April 02, 2018

The Fifth Circuit, in Thomas v. Hercules Offshore Services, L.L.C., Case No. 17-30638 (Fiftth Cir. March 2, 2018), concluded per curiam that the Occupational…

Commentary

Cultivating Confidential Information in a Viral World

Lizzette Palmer | April 01, 2018

Social media may sprout business opportunity, but it also compounds existing challenges to predictably protecting critical, secret business information.

Commentary

Should Lawyers Spend More Time 'Being' and Less 'Doing'?

Jim Dolan | April 01, 2018

Years ago, I spent time with a therapist who asked, “What do you want to be, Jim?” This question usually flummoxed me, but I gave it a go. “Well…

Commentary

Work Matters: Five Professional Values to Live By

Michael P. Maslanka | April 01, 2018

Professional Responsibility is in my teaching portfolio. I teach the Model Rules but also professional values. Without the second, we are left with…

Commentary

Intelligently Managing Company Patent Spend

Carey Jordan and D. Jeremy Harrison | April 01, 2018

In the midst of remarkable technological advances, we are simultaneously enduring one of the most tumultuous global economies seen in several decades.

Commentary

Disputes Over Venue in Patent Litigation

Michael Bittner | April 01, 2018

While those courts that have weighed in on work-at-home employees have come to similar conclusions, it remains to be seen what factors—if any—may complicate this analysis.

Commentary

A Company’s #MeToo Moment

Adam Sencenbaugh and Henson Adams | April 01, 2018

The #MeToo movement has empowered victims of harassment in ways never before thought possible, exposing the “open secrets” of serial abusers and…

Commentary

Evolving Contract Issues on the OCS

Grady S. Hurley and Robert Lemon II | March 30, 2018

Contracts involving maritime and nonmaritime services on the OCS require an analysis of the intent and focus of the operations.

Commentary

Eric Holder, Unleashed

Jenna Greene | March 28, 2018

It’s as if Eric Holder Jr. is everywhere these days, from fighting gerrymandering to executive producing a TV show to hinting at a presidential run. But does he have time to do any actual work at Covington & Burling, where he’s a partner?

Commentary

Quinn Emanuel Partner Suffers From Depression and He Wants Everyone to Know

Joseph Milowic III | March 28, 2018

Struggling to find meaning in your work? Lacking motivation? Thinking about quitting? Please read this first.

Commentary

A Look at the Data Issues Energy Industry Counsel Face this Year

Deana Uhl | March 27, 2018

As one of the longest standing segments in the global economy, the energy industry is deeply rooted in its processes and conventions. Aside from environmental…

Commentary

Mitigating Risk in a Shared Office Space

Shari Klevens and Alanna Clair | March 27, 2018

Attorneys are increasingly joining their fellow professionals in the shared office space realm. Often referred to as a co-working space, this relatively…

Commentary

A Lawyer Levels With No. 45: Here's What Trump's Counsel Probably Wants to Say

Paul Coggins | March 23, 2018

No one enjoys delivering bad news, least of all a lawyer with a hair-trigger client who is prone to fire the messenger. Thus the dilemma facing…

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