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
Obtaining Cell Phone Records in Civil Litigation
Jeff S. Korek
You might think that cell phone records could help put a distracted driver behind bars. But getting them isn't so simple.
How You Can Avoid a Civil Suit (And Why You Want To)
Ryan B. Bormaster
You don't need to go to court to handle a civil suit. Find out your alternative options.
The Defend Trade Secrets Act of 2016: A New Federal Civil Cause of Action for Trade Secret Theft
Randal J. Brotherhood
"It represents one of the most significant events in trade secret reform in years. The DTSA amends the Economic Espionage Act, which previously limited access to federal courts for trade secret theft to criminal prosecution."
Jumping Hurdles toward the Finish Line
Meredith Aldridge, Colleen Welch, and Alicia Hall
Forty-five years of progress with Title IX.
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.
Civil Rights Work Has an All New Meaning
Thomas R. Julin
Corporations now use federal law to fight regulation.
OSHA Officially Increases Civil Penalties by 78 Percent
John F. Martin
Under the interim rule, the maximum penalties for workplace safety violations issued by OSHA will spike by 78.16 percent, effective August 1, 2016.
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.
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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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.
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.
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.
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.
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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.
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Asian Countries Join Worldwide Child Protective Treaty
Stephen J. Cullen
After several years of negotiations, the treaty—the 1980 Hague Convention on the Civil Aspects of International Child Abduction—came into existence.
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.
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.
The Burden of Substantiation and Proof in Continental European Civil Procedure and the Taking of Evidence in International Arbitration
Dr. Wolfgang Kühn and Katharina Walter
Civil procedures in Germany are governed by the principles of factual substantiation and burden of proof.
In the News: Meet the Lawyer Representing Christine Blasey Ford
Best Lawyers
This week, hirings at King & Spalding, and a profile of civil rights attorney Debra Katz.
Understanding the Benefits of Copyright Registration
Maria Crimi Speth & Aaron Haar
If you aren't registering your copyrights with the United States Copyright Office, you're missing out on additional protections.
8 Ways Arbitration Agreements Can Hurt Employers
Kraig J. Marton
Arbitration might seem like an appealing alternative, but it could cost you time and money.
3 Strategies to Frame Your Medical Malpractice Case
Lloyd Bell
For success in any trial, jury selection and case framing are key.
What Is a Class Action?
Benjamin H. Whitley
None of these cases were class actions. In fact, they are known in the legal world as mass torts.
