Featured Columns

Retiring or Moving on Isn't Always Easy Under the Rules

Daniel J. Siegel | August 19, 2014

Do you want to retire and sell your firm? Do you want to slow down and let another attorney take over all the headaches associated with running your firm? Are you a partner in a megafirm who has decided that it's time to spend more time with the grandkids?

In-House Counsel

  • The Rise and Risk of Obstructionist Discovery Tactics

    By Hayes Hunt and Arthur P. Fritzinger

    With fewer trials and an increasing focus on using the discovery process to leverage a favorable settlement or resolution, it is common for litigation counsel to be obstructionist during discovery. For example, counsel may interpose depositions with unwarranted boilerplate objections or subtly (or not so subtly) coach the witness by clarifying or commenting on the pending question. While such conduct is often ignored, it has contributed to rising litigation costs throughout the last decade and, as a sanctions order issued at the end of July by a federal judge in the Northern District of Iowa demonstrates, it can severely diminish counsel's credibility before the trial judge. In light of the impact that discovery tactics can have on the cost and success of litigation, it is increasingly important for general counsel to set clear expectations when retaining attorneys to represent the company in litigation.

  • What to Expect When Your Employees Are Expecting

    By Tiffani L. McDonough

    Does an employer have to provide a modified work schedule to a pregnant employee with morning sickness or light duty to a pregnant employee with lifting restrictions? The answer depends on who you ask. Most federal courts say no, but the U.S. Equal Employment Opportunity Commission says yes. Fortunately for employers, resolution of this issue is on the horizon.

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Young Lawyer

  • Why U.S. Companies Are Increasingly Fleeing the Tax Man

    By The YL Editorial Board

    U.S. companies are increasingly utilizing a procedure referred to as a tax-inversion merger to "relocate" abroad—a practice that enables them to change their legal domicile and lower their tax bill, often without changing very much in practice.

  • How to Succeed in Your First Year of Practicing Law

    By Vik Jaitly

    Did you just take the bar exam? If so, you may be only a few weeks away from starting your first job as an attorney. For many recent graduates, the anticipation of starting your career can be both exciting and nerve-wracking. Although it might be difficult to predict your professional future, here are a few tips that will help you succeed in your first year.

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Employment Law

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Business of Law

  • Slaying the Inertia Dragon to Reach Your Full Potential

    By Frank Michael D'Amore

    Actions and results define our careers. In some cases, we achieve resounding victories in winning a trial, closing a deal, landing a major client, or taking the mantle of leadership and driving a group, department or organization to great heights. At other times, we may have suffered defeats, but, in the process, learned valuable lessons that ultimately paved the way to future accomplishments.

  • Five Key Factors to Success in Cross-Selling Efforts

    By Frank Michael D'Amore

    Although some firms do quite well at cross-selling, it has become a Holy Grail for many others. In light of the difficulty of landing new clients, firms understandably see value in marketing additional services to existing customers. There should be lower hurdles to surmount with such clients, as they hopefully respect the firm, which makes the sales effort much easier.

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Litigation

  • Pennsylvania's Approach to Joint and Several Liability

    By Larry E. Coben

    In an article published in the Law Weekly on July 21 titled "Deep Pockets Gone With Joint and Several Liability Repeal," Max Mitchell reviewed changes made in 2011 to the comparative negligence statute, 42 Pa. C. S. Section 7102 (2011), and interviewed several practicing attorneys who provided their views that these amendments may have dire consequences for economic recovery by consumer victims against multiple tortfeasors.

  • Are Parties Entitled to Using Impartial Arbitrators?

    By Charles F. Forer

    What is an "independent" arbitrator if not an "impartial" arbitrator? The Texas Supreme Court had no difficulty answering this question. It said "independent" means only the arbitrator could not be employed by or otherwise under the control of one of the parties.

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All Columns

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