Featured Columns

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The Hague Convention: A Primer on Conducting Discovery Abroad

William T. MacMinn | July 30, 2014

As the world becomes increasingly globalized, lawyers are more than ever involved in litigating matters for or against people and organizations that are involved in disputes within the United States, but are located in foreign jurisdictions. In these circumstances, domestic practitioners likely will need to obtain evidence from sources located in foreign nations with which they have little prior professional experience. For those attorneys who seldom encounter an international issue, conducting discovery abroad can be both confusing and overwhelming, but a brief review of some of the sources governing the process can help alleviate any anxiety associated with pursuing an international claim.

In-House Counsel

  • Avoiding Discovery Disputes Over Attorney-Client Privilege

    By David J. Bird

    Companies often wind up in disputes concerning the discovery of reports, memoranda, emails and other documents written by their in-house lawyers in connection with prospective business transactions. Such disputes can raise difficult questions about the scope of the attorney-client communication privilege. No matter what the expectations of in-house lawyers and company executives, it can be hard to predict whether a court will shield such documents from discovery or compel them to be produced to other parties. And the disclosure of potentially privileged documents containing sensitive information and advice can have serious ramifications—not only for a specific case but for a company's long-term interests and objectives.

  • Q&A Session With Larry Hayes, General Counsel of QVC

    The following is a transcript of a radio program hosted jointly by Executive Leaders Radio and The Legal.

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Young Lawyer

  • Take Advantage of Technology to Connect With Clients

    By Katherine Missimer

    In "Information Technology and Lawyers," Anja Oskamp and Arno Lodder wrote that "information technology is fast, schematic, and futuristic; lawyers are cautious, verbose, and old-fashioned." In what often seems an overcrowded legal marketplace, young lawyers, however, have learned to embrace technology and have a finite advantage over their elder peers in a virtually untapped marketplace: social networking.

  • Fourth-Year Takes on HP Argument, Pro Bono Case and Motherhood

    By Gina Passarella

    In the midst of Morgan, Lewis & Bockius' representation of longtime client Hewlett-Packard in a securities fraud suit against the company and its former chairman, Mark Hurd, the federal judge in California overseeing the case issued what can only be described as a very unusual order.

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Employment Law

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Business of Law

  • 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.

  • Would You Be an Organization's First-Round Draft Pick?

    By Frank Michael D'Amore

    The National Football League's lengthy draft of entry players recently concluded. Watching a portion of it led me to wonder just how things might play out if law firms or other organizations that hire aspiring lawyers operated under a similar system. Just imagine, for a second, the president of the American Bar Association striding to a podium and declaring: "With the 14th selection in the third round, DLA Piper selects Courtney Johnson of Harvard Law School. Kirkland & Ellis is on the clock."

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Litigation

  • New Standards Announced for ERISA Company Stock Cases

    By Peter H. "Tad" LeVan Jr.

    In the final week of its term, the U.S. Supreme Court issued the opinion of Fifth Third Bancorp v. Dudenhoeffer, --- U.S. --- (June 25, 2014), an important decision defining the standard of care that the Employee Retirement Income Security Act of 1974 (ERISA) imposes on certain plan fiduciaries. While failing to generate the media coverage of other hot-button opinions the court issued that week, the impact of Fifth Third to ERISA practitioners cannot be overstated: It fundamentally changed the legal landscape of ERISA company stock cases and will have far-reaching effects on ERISA jurisprudence for years to come.

  • Third Circuit Rules Debtor Need Not Validate Debt Pre-Suit

    By Peter J. Kreher and Frank P. Trapani

    In a recent decision, the U.S. Court of Appeals for the Third Circuit addressed an important issue regarding the Fair Debt Collection Practices Act (FDCPA). In McLaughlin v. Phelan Hallinan & Schmieg, -- F.3d --, (June 26, 2014), the court addressed whether a consumer must first seek "validation" of a debt under the FDCPA as a prerequisite to filing a lawsuit. This article reviews the FDCPA and the court's decision, which held that debtors may now sue under the FDCPA without first attempting to have a debt collector validate a disputed debt, and discusses the implications of the court's decision.

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All Columns

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