Featured Columns

Is Equitable Mootness Disappearing in the Ninth Circuit?

Francis J. Lawall and Deborah Kovsky-Apap | May 6, 2016

A great deal has been written in recent weeks about the Ninth Circuit's decision in First Southern National Bank v. Sunnyslope Housing, Case No. 12-17241 (9th Cir. Apr. 8, 2016), in which a divided panel set aside the order confirming the debtor's Chapter 11 plan of reorganization. Much of the commentary has focused on the majority's interpretation of 11 U.S.C. 506(a), which governs the value of a secured claim, and Judge Richard A. Paez of the U.S. Court of Appeals for the Ninth Circuit's dissent from the ­majority's opinion. Of equal interest and broader ­significance, however, is the fact that the Ninth Circuit heard the appeal at all.

In-House Counsel

  • Company Websites and the Americans With Disabilities Act

    By Charles S. Marion

    A client recently emailed me for ­assistance with an Americans with Disabilities Act (ADA) claim. I quickly contacted a colleague who practices construction litigation, but it turned out that the claim did not involve one of my client's brick-and-mortar locations. Rather, my client's website was at the center of the complaint because it did not comply with the ADA. "Are websites even subject to the ADA?" my client asked.

  • How Performance Reviews Can Make (or Break) Discrimination Cases

    By Julie A. Uebler

    Although there always seems to be a new opinion out there on how or whether to implement the annual performance review, it's hard to imagine the modern workplace without some sort of performance evaluation system. The way in which human resources teams structure, supervise and implement performance reviews can often impact the risks of employment litigation—for good and bad. This article highlights the legal risks associated with poorly administered performance reviews, identify how such evidence can be used as a sword by employees in litigation, and identify practical steps employers can take to reduce those risks.

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Young Lawyer

  • The Right Fit: Lessons I Learned From Making a Career Move

    By Christopher M. Varano

    Being a lawyer has always been my dream job. I can trace my desire to be a lawyer back to fifth grade. Our teacher had given us a geometrical math problem to teach us about angles, and I spotted a flaw: The angles of a four-sided figure did not add up to 360 degrees. Being the intrepid 12-year-old that I was, I walked up to the teacher to point out his error. He was not convinced. He marched me to the front of the class, put the problem on the overhead projector, and told me to explain the flaw to the class. Without hesitation, I pointed out the mistake to the class. Again, the teacher was not convinced. He asked, "How do you know that four-sided figures have 360 degrees?" (This was a lesson he had yet to teach us.) I explained my reasoning to him and the class. The teacher conceded that I was correct and that we could stop working on the math problem. The class cheered and I felt like a hero. In that moment, I fell in love with lawyering.

  • How to Handle Professional Setbacks and Move Forward

    By Dena Lefkowitz

    It feels like 1994 all over again.

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Business of Law

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  • Top Four Things I Learned From Experiencing My First Trial

    By Emily Ashe

    Having just completed my third full year of practice I was privileged enough to have had the unique opportunity of participating in my very first trial as second chair. Call me naive but I definitely had TV trial ideologies. I know this may come as a huge surprise to most of you (especially the veteran lawyers reading this) but take it from me—TV does not do the actual trial experience justice.

  • Judicial Retirement Age at 70 or 75? No Clear Answer

    By Joshua Cohan

    How do you feel about mandatory ­retirement? How many 75-year-olds do you know that are still vital and capable?

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