Legal Insights
Thought leaders from around the world contribute their perspectives on landmark cases, new legislation, and legal perspectives on new technologies, business practices, and civil procedure.
Featured Articles
An Introduction to Multidistrict Litigation
Annesley H. DeGaris
Many lawyers who do not regularly handle mass tort cases can be frustrated by the multidistrict litigation (MDL) process.
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Divorce Litigation and Why to Avoid It
Stephen Cullen and Kelly Powers
There are three ways to get divorced—two of them should be avoided if possible—accepting, of course, that there are some spouses who insist on litigation and a trial.
Patent (Win) Pending
Morgan Chu & Rebecca Carson
In every court proceeding, patent litigation included, there will be a winner and a loser. Everyone wants to win, but half lose. Why?
Factors in Choosing between Arbitration and Litigation
Brian P. Rickert
In drafting contracts, one provision that must be considered for inclusion is the way disputes are resolved.
Medical Malpractice Litigation In New York and New Jersey
Jeff S. Korek
The dramatic difference between these two states in obtaining the opinion of a qualified medical expert has made it much more difficult for those injured in the state of New Jersey by medical negligence.
Nature Calls
Robert Brager
Looking to make a difference as a practitioner of environmental law? These seven pointers will help bolster your green bona fides.
Property Rights...and Wrongs
Chad Cooper & Steven Kaufman
Winning a legal battle often boils down to finding and targeting the weakest part of an opponent’s case. Four recent real estate disputes in northeast Ohio are good examples.
The Growing Need for Expert Witnesses Across All Kinds of Litigation
Erin Quinn-Kong
More lawsuits mean more opportunities for expert witnesses in all industries and specialties.
What Needs to Be Done to Improve the Security of Art Sales and Transactions
Annabelle Gauberti
What improvements do art buyers want to see in the future when it comes to resolving art disputes?
Driven, Obsessed, and Loving Every Minute
Arguedas, Cassman, Headley & Goldman
Cris Arguedas on defending the accused.
How Litigation Finance Brings Power to the Plaintiff
Eva Shang
Legalist launched a two-week campaign to help consumers sue Equifax—in small claims court.
Understaffed Nursing Homes Jeopardize Patient Safety
Steven G. Wigrizer
Around 70 percent of people currently turning 65 will require long-term care in their lifetime, and they will receive care for an average of three years.
STOLI Law Developing Across the Country As Courts Continue Deciding Cases
John L. Rivkin
That Legal Bulletin highlighted a variety of issues frequently faced in STOLI litigation and discussed the growing life settlement market, which involves the sale of life insurance policies by owners to third parties.
Protect Two of Your Most Valuable Business Assets: Your Company Name and Important Brand Names
Paul C. Van Slyke
Your company name and important brand names are two types of your most valuable business assets. Without your company name and brand names, consumers and trade buyers would not be able to identify easily (and choose) your goods or services over those of another.
Will the Bristol-Myers Decision of Personal Jurisdiction Further Consolidate Litigation in MDLs?
Jeffrey Travers and Michael J. Miller
We were able to obtain a verdict for Mr. Cooper within a year of opting for the state courts.
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New Year Ushers in New Formulas for Calculating Maintenance Payments in Divorce Proceedings
Timothy E. Weiler
The anticipated outcome of the adoption of the increased income threshold is to reduce litigation about the amount of maintenance to be paid by simply applying the statutorily mandated calculation to more individuals with a much higher annual income.
Mark Twain’s Advice for Getting Better Mediation Results
Gordon D. McAuley
Whether one is the plaintiff seeking to remedy an aggravation or a defendant looking to patch up the slights alleged against it, litigation is a highly charged, emotional wringer.
Divide and Conquer: Plaintiffs Need a Single Forum that Accommodates the Realities of Contemporary Economic Activity
David A. Mazie and David M. Estes
The growth of mass tort litigation tracks with industries’ shift to mass marketing and distribution of pharmaceutical and consumer products on a national scale.
Patent Battles at the PTO
S. Benjamin Pleune
Inter partes review (IPR) has become the procedure of choice to resolve the validity of patents, with or without a co-pending litigation.
Supreme Court Reinstates Venue Limitations in Patent Cases
Jeff C. Dodd, Tonya Gray, Ben Setnick, John R. Hutchins, Rose Cordero Prey, and Mark A. Chapman
This week, in TC Heartland LLC v. Kraft Foods Group Brands LLC, the Supreme Court undid the settled practice of virtually nationwide venue for patent infringement cases.
The Relationship Isn’t about You
David B. Kempston
We actively participate with the client. As counselors, we shape, mold, and contour the case—but we don’t create facts.
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Clients Should Understand Basic Financial Consequences of a Divorce
Steven Fernandez
Spouses who get divorced will have to adjust how they file their taxes, what income and liabilities they must report for tax purposes, and even how they approach discussions about alimony and spousal support.
Insurance for Small Businesses: Prudent Management of Risk
Peter W. Kryworuk
Whether it be the result of a devastating fire loss, a significant errors and omissions claim, or as a victim of fraudulent activity by a trusted employee, insurance coverage is hugely important.
Fate of Federal Class Action System Lies in Hands of U.S. Senate
Steven R. Jaffe
The Senate mulls sweeping changes proposed in the Fairness in Class Action Litigation Act of 2017.
Unwanted Advances
Natalie Weatherford
The #MeToo movement has brought unprecedented attention to the problem of sexual assault and abuse. Litigating civil cases along these lines can be tricky, though. Here’s an overview.
