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

  • Maximizing the Summer Associate Experience for Both Sides

    By Patrice M. Turenne

    The summer before the last year of law school can be both an exciting and nerve-wracking time for any law student. If you have managed to land a coveted summer associate position, you should feel fortunate. Not only will you gain invaluable professional experience, but you may also secure your future employment, as many law firms hire directly from their summer associate classes. This article is designed to provide guidance to future (and current) summer associates, as well as to the law firms that hire them. To make the most of the experience for both parties, it is vital that the program be designed in a way that benefits both the summer associates and the firm.

  • 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.

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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

  • Identifying and Preventing Scorched-Earth Litigation

    By Will Sylianteng

    As attorneys, we would like to believe that we are members of a civilized and high-brow profession. And why shouldn't we? Our clients bicker, fight and can't stand each other. Then, they hire us to civilly negotiate their claims in their stead, and authorize us to take the case to trial only if those negotiations fail.

  • Faced With a Page Limit? It's More an Opportunity Than a Limit

    By Bart D. Cohen

    Oft-quoted humorist Will Rogers said "the minute you read something that you can't understand, you can almost be sure that it was drawn up by a lawyer." We have since made ourselves far more comprehensible to laypeople. But even most laypeople can achieve comprehensibility in their writing. Where choosing words carefully is an integral part of our practices, we might aspire to a higher standard—concise comprehensibility. But there are still among us too many brevity-challenged litigators, which is why courts impose page limits.

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All Columns

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