Expert Columns

In Election 2016, Lawyers Can Frame the Debate

By Douglas S. Lavine |

Advocates can help steer discussions away from demagogy and toward reasoned policy talks.

Michael Greenberg, CEO and General Counsel of Level Group Inc.

In-House Counsel Profile: Michael Greenberg

"As I became a better broker, I also became a much more effective general counsel in support of my clients."

Melania Trump

IN BRIEF: Trump Hires Gawker Lawyer

Charles Harder, a partner at Beverly Hills entertainment law boutique Harder Mirell & Abrams who represented Hulk Hogan in his defamation case against Gawker, has been particularly busy of late.

Movers

Lateral moves and new arrivals in this week's column.

Barbara Stob.

In-House Counsel Profile: Barbara Stob

By Suzanne Monyak |

Barbara Stob is the general counsel at Goucher College, a small ­private liberal arts college located in a suburb of Baltimore.

VOIR DIRE: Pokémon in Court

A St. Clair Shores, Michigan, couple has sued the creators of Pokémon Go, claiming that the augmented-reality game has turned their neighborhood into "a nightmare." Plus more in this week's column.

Former Perella Weinberg investment banker Sean Stewart

IN BRIEF: N.Y. Banker Found Guilty

Former New York banker Sean Stewart was found guilty of insider trading Aug. 17 for sharing confidential merger information with his father, resulting in illegal trades netting more than $1 million. Plus more in this week's column.

Evidence is Key to Navigating Child Support

By Mary Kay Kisthardt AND Barbara Handschu |

Emancipation can hinge on events like finishing school or attaining a certain age, but bring your proof.

IN BRIEF: Schools Face ERISA Suits

A St. Louis plaintiffs firm filed complaints Aug. 10 and 11 against schools including Duke University and the University of Pennsylvania on claims that the schools allegedly sponsored retirement plans that caused participants to pay excessive fees, according to news reports. Plus more in this week's column.

Movers

Lateral moves and new arrivals in this week's column.

Chad Jerdee.

In-House Counsel Profile: Chad Jerdee

By Richard Acello |

"On any given day, I get to work with people from a wide variety of cultures solving business challenges for our clients across the full range of industries. I learn something new every day on the job."

Social Media Can be a Minefield — or a Gold Mine

By Dan Farino and Douglas G. Leney |

The value of this evidence dissipates if it's not properly authenticated. Aim to do so during discovery.

VOIR DIRE: Gamer Party Foul?

The publisher of the "League of Legends" video game has filed a copyright suit against the operators of a service that allows users to gain unfair advantages while ­playing the game. Plus more in this week's column.

Movers

Lateral moves and new arrivals in this week's column.

Michael Poterala.

In-House Counsel Profile: Mike Poterala

By Suzanne Monyak |

"No two days are the same, that's for sure."

Review of Anti-Discrimination Policies is Key

By R. Anthony Prather |

Companies take note: the EEOC has ramped up prosecution of transgender discrimination claims.

IN BRIEF: Comcast Sued For $100M

The Washington Attorney General's Office has sued cable and internet titan Comcast Corp. in King County Superior Court, alleging 1.8 million violations of the state's Consumer Protection Act for misrepresentations, overcharges and improper practices. Plus more in this week's column.

VOIR DIRE: Pampered Pooch

New York dachshund Winnie Pooh is caught up in a legal spat between her caretaker and the executor of the $100,000 trust left for the dog by her late owner. Plus more in this week's column.

Craig Levine.

In-House Counsel Profile: Craig Levine

By Richard Acello |

"What I like most about my job is the diversity of the work and the ability to work with employees at all levels of the company. There is never a dull moment as general counsel."

VOIR DIRE: Found Property

A Pennsylvania police department posted on Facebook to find the owner of a misdelivered package — which contained nearly 5 pounds of marijuana. Plus more in this week's column.

Movers

Lateral moves and new arrivals in this week's column.

The O'Quinn Law Library entrance at the University of Houston Law Center.

IN BRIEF: Response in Trademark Spat

Newly named Houston College of Law has fired back against the University of Houston Law Center in a trademark infringement spat pitting the neighboring schools against each other. Plus more in this week's column.

Avoid the Temptation to Practice 'Threshold Law'

By Michael Downey |

Jack-of-all-trades practices increase the risk of big mistakes. Instead, focus in and develop new clients.

No New Law in 'Spokeo'—And That’s Big News

By Arthur H. Bryant |

The company sought a ruling gutting statutory damage claims and class actions. It didn’t get one.

Ryan Sakamoto.

In-House Counsel Profile: Ryan Sakamoto

By Suzanne Monyak |

“A good portion of the day is inevitably putting out fires.”

Movers

New arrivals and lateral moves in this week's column.

Snapchat

VOIR DIRE: Snaps for Privacy?

A lawsuit filed by two Illinois men alleging that Snapchat is illegally storing biometric data, such as facial geometry, will be tried in federal court. Plus more in this week's column.

A Crisis Signals Risk, But Also Opportunity

By George TerWilliger |

Kick-start effective response planning by creating a chain of command and strategic objectives.

Suzanne Niemeyer.

In-House Counsel Profile: Suzanne Niemeyer

By Richard Acello |

"Don't be afraid take risks and to challenge yourself."

Tom Brady

IN BRIEF: Reversal Hopes Deflated

New England Patriots quarterback Tom Brady's bid to win reversal of his four-game suspension over a conspiracy to deflate footballs — dubbed 'Deflategate' — was rejected July 13 by the U.S. Court of Appeals for the Second Circuit. Plus more in this week's column.

Movers

Lateral moves and new arrivals in this week's column.

Movers

Lateral moves and new arrivals in this week's column.

VOIR DIRE: Apple Bites Back

Apple sasses Spotify; Serena's passing storm; and Future looks bleak in this week's column.

Burton Brillhart.

In-House Counsel Profile: Burton Brillhart

By Suzanne Monyak |

"It's important to be able to think quickly and problem-solve to help the company achieve its goal."

Delaware Supreme Court Building

Engaging Deal Challenges on the Merits

By William Savitt |

A line of Delaware court rulings conclude that informed stockholder OKs should be accorded respect.

Facebook's campus at 1601 Willow Road in Menlo Park, CA

IN BRIEF: Facebook Documents Sought

Lawyers with the U.S. Depart­ment of Justice's Tax Division filed a petition in the Northern District of California on July 6 asking for a court order forcing Facebook Inc. to provide information to the IRS related to its transfer of many of its global assets to its Irish ­holding company, Facebook Ireland Holdings. Plus more in this week's column.

Movers

Lateral moves and new arrivals in this week's column.

'RJR Nabisco' and the Future of Extraterritoriality

By Timothy G. Nelson, Lea Haber Kuck and Ashley Fernandez |

The Supreme Court's ruling further limits the ability to seek redress for wrongs occurring abroad.

Elisa Smith.

In-House Counsel Profile: Elisa Smith

By Richard Acello |

"Watch for forks in the road that can lead you to a GC job, have your eyes open, and don't be afraid to take risks, or pay cuts."

Kanye West

VOIR DIRE: Yeezy in Court?

Kanye begs to be sued, Mr. Pigglesworth abides, and wake up the judge in this week's column.

Leonardo DiCaprio in

VOIR DIRE: A 'Wolf' And A Deposition

Flat earth arguments, lizards, and Leonardo DiCaprio in this week's column.

<b>DONE:</b> President Obama signs the Defend Trade Secrets Act May 11.

How to Prepare for Theft of Company Information

By Nick Akerman and J Jackson |

Companies should take three steps now to ensure use of the Defend Trade Secrets Act.

Roderic V.O. Boggs speaking during the Wiley A. Branton Awards Luncheon, organized by the Washington Lawyers' Committee for Civil Rights and Urban Affairs, at the JW Marriott in Washington.

IN BRIEF: Rod Boggs Steps Down

Rod Boggs of The Washington Lawyers' Committee for Civil Rights and Urban Affairs, stepped down this month after 45 years as executive director. Plus more in this week's column.

Movers

New arrivals and lateral moves in this week's column.

Lisa Brown.

In-House Counsel Profile: Lisa Brown

By Suzanne Monyak |

"There's no average day."

David Mace Roberts.

In-House Counsel Profile: David Mace Roberts

By Suzanne Monyak |

"I'm the first one in so I usually make coffee."

Movers

New arrivals and lateral moves in this week's column.

Protecting Innovation in Mergers Is Key

By Janet McDavid, Logan Breed and Falk Schöning |

European Commission and U.S. agencies consider it critical in reviewing potential business marriages.

The Walking Dead.

VOIR DIRE: Spoiling for a Fight

AMC threatens legal action over potential "Walking Dead" revelations. Plus: Stallone gets sued, and censorship is averted in India.

Veronique Pozner places her hand next to artwork made by her son Noah's before testifying before a hearing of a legislative subcommittee reviewing gun laws at the Legislative Office Building in Hartford, Conn., Monday, Jan. 28, 2013.   Pozner, whose son Noah was killed in the Sandy Hook School shooting, told lawmakers about dropping off two of her daughters at the new Sandy Hook Elementary School in Monroe, and then visiting her son's grave, just five minutes away, to bring a teddy bear.

IN BRIEF: Parents Offer Newtown Deal

The parents of two first-graders killed in the Sandy Hook Elementary School massacre are offering to settle their wrongful-death lawsuit against Newtown, Connecticut, and its Board of Education for $5.5 million each. Plus more in this week's column.

Credit: studioportosabbia/iStockphoto.com

'Aspire' to Rein in Discovery Demands

By Robert L. Byman |

Procedural rules focuses on "proportionality," but litigators know in their hearts what's reasonable.

Colin Rushing.

In-House Counsel Profile: SoundExchange Inc.'s Colin Rushing

By C. Ryan Barber |

"I've always been a big music fan. So when the Sound­Exchange opportunity popped up, it was this amazing thing."

Donald Verrilli, Jr.

INADMISSIBLE: Verrilli to Leave DOJ After Historic Run

U.S. Solicitor General Donald Verrilli Jr. is leaving office on June 24 and will be replaced as acting SG by Ian Gershengorn, the principal deputy, the U.S. Justice Department announced on June 2. Plus more in this week's column.

Movers

Lateral moves and new arrivals in this week's column.

The Everly Brothers, Don and Phil, perform on July 31, 1964.

IN BRIEF: CBS Wins Fight Over Oldies

CBS has amped up the fight over sound recordings made prior to 1972 with a rare win in California. Plus more in this week's column.

VOIR DIRE: Officer Junior

Turning in your dad for a turn on red; Kraftwerk loses a long-running suit over sampling; and the Notorious RBuG in this week's column.

Matt Jacobs, general counsel of Black Duck Software.

In-House Counsel Profile: Black Duck Software Inc.'s Matt Jacobs

By Richard Acello |

"We're a global enterprise. There's always people who are at work someplace, so I'm available if there's anything I can address to keep the wheels of commerce moving forward."

The Defend Trade Secrets Act is More of the Same

By Lewis R. Clayton |

Among the few changes created by the new law are seizure procedures and employee job mobility.

Hillary Clinton waves to supporters on Roosevelt Island after announcing she will seek the Democratic presidential nomination in 2016, while her husband, forrmer president Bill Clinton, watches from behind. June 13 2015.

INADMISSIBLE: Big Firms Pay Big Bucks for Clinton Talks

Hogan Lovells, Latham & Watkins and White & Case were among the group of firms that paid $1.75 million into Hillary and Bill Clinton coffers. Plus more in this week's column.

Movers

Lateral moves, new arrivals, and a new practice group in this week's column.

The submerged escape vehicle.

VOIR DIRE: Carted Away

An object lesson in escaping the scene of a crime; battling over a Picasso bust; and party out of bounds in this week's column.

Bill Cosby

IN BRIEF: Cosby to Stand Trial

Sexual assault charges against Bill Cosby have been held over for trial, a Pennsylvania magisterial district judge ruled May 24. Plus more in this week's column.

Movers

Lateral moves and new arrivals in this week's column.

Justice Sonia Sotomayor speaking at The American Law Institute's Annual Meeting, held at the Ritz-Carlton hotel, in Washington, D.C. May 16, 2016.

INADMISSIBLE: Sotomayor Pushes Mandatory Pro Bono

"I believe in forced labor" when it comes to improving access to justice for the poor, she said during an appearance at the American Law Institute's annual meeting in Washington. Plus more in this week's column.

Eric Roeder.

In-House Counsel Profile: Blizzard Entertainment Inc.'s Eric Roeder

By Richard Acello |

"I don't hire firms, I hire lawyers and I'll follow lawyers I like from firm to firm."

VOIR DIRE: The Shining

A not-so-neighborly war over a glaring big-screen TV; a suit over backyard chickens; and everybody wants some credit in this week's column.

With Jurors, Make Sure Goodbye Means 'Forever'

By Aaron S. Bayer |

A pending decision from the Supreme Court shows how problems arise when a jury is recalled.

DLA Piper's Washington, D.C. offices.

IN BRIEF: DLA Piper to Shed 200 Jobs

DLA Piper plans to cut up to 200 support jobs in the U.K., with the bulk of those roles being moved to a new back-office operations center in Warsaw. Plus more in this week's column.

Jenna Greene, Litigation Daily

I'll Take Law Firms For $800, Alex

By Jenna Greene |

It was like winning the PR lottery: Fifteen seconds of unexpected fame for law firms featured May 10 on the TV game show "Jeopardy!"

Sally Yates.

INADMISSIBLE: Yates Rips Critics of White-Collar Policy

Deputy Attorney General Sally Yates last week defended the changes the U.S. Department of Justice made to white-collar investigations last year in a speech that attempts to call the bluff of corporate law practitioners. Plus more in this week's column.

Movers: A Weekly Roundup of Laterals and Promotions

Laterals and new arrivals in this week's column.

Lily Hughes.

In-House Counsel Profile: Public Storage's Lily Hughes

By Richard Acello |

"You need to be a business executive first, who uses their legal expertise to help the company succeed and drive change. You also have to be adept at risk analysis, seeing risks around the corner."

VOIR DIRE: The Working Dead

A major case of job dissatisfaction in France; dueling flowers; and intervention against the divine in this week's column.

Antonin Scalia.

Scalia Provided Example of How Not to Practice

By Douglas S. Lavine |

Intelligent and influential, the late justice nevertheless diminished the profession with caustic rhetoric.

Former U.S. Attorney General Eric Holder Jr. at the downtown Washington office of Covington & Burling on June 30, 2015.

INADMISSIBLE: No Regrets on Return to Big Law, Says Holder

Former U.S. Attorney General Eric Holder Jr. said on April 29 "I am not ashamed" to have returned to private practice after resigning last year, asserting he will continue to advance the justice reform issues he espoused in office as a private attorney. Plus more in this week's column.

Child Support Remains Major Point of Contention

By Mary Kay Kisthardt and Barbara Handschu |

Determining how much children should receive involves factors far beyond taxable income.

Movers: A Weekly Roundup of Laterals and Promotions

Lateral moves and new arrivals in this week's column.

Jennifer Hill.

In-House Counsel Profile: Jennifer Hill

By Richard Acello |

"I'm looking for a partnership that feels like an extension of our company, like they could be in the office next to mine."

The Flying Spaghetti Monster.

VOIR DIRE: Penne for Your Thoughts

A ruling on Pastafarianism and freedom of religion, and fighting for shampoo techs in Tennessee in this week's column.

Movers: A Weekly Roundup of Laterals and Promotions

Lateral moves and new arrivals in this week's column.

Amy Hancock.

In-House Counsel Profile: Amy Hancock

By June D. Bell |

Amy Hancock is general counsel of the American Beverage Associ­ation, the trade group of the non­alcoholic beverage industry. The group represents the interests of soft-drink companies, bottled-water producers and makers of energy and sports drinks and teas.

VOIR DIRE: No Soup For You

A Texas lawyer fumes when his "Saturday Special" arrives without soup. And Jones Day's Noel Francisco slips when he calls Justice Ruth Bader Ginsburg "Justice O'Connor."

Former U.S. Supreme Court justice John Paul Stevens.

INADMISSIBLE: Stevens Recalls Clashes With Scalia, Dentons Doubles Down

By Staff |

Retired Justice John Paul Stevens recalls his clashes with the late Justice Antonin Scalia. Dentons doubles down on demanding payment from ex-McKenna partners. And Rosemary Collyer is named the new presiding judge of the Foreign Intelligence Surveillance Court.

Eve Runyon.

INADMISSIBLE: New Pro Bono CEO Led Corporate Push

The Pro Bono Institute has named Eve Runyon as its new president and CEO, following the death of the group's founder and longtime leader Esther Lardent on April 4. Plus more in this week's column.

Frank Jimenez.

In-House Counsel Profile: Frank Jimenez

By Rich Acello |

"Don't be afraid to take calculated risks. In my career, I've taken voluntary pay cuts and moved in and out of the law in order to pursue my goals."

Erin Andrews.

Erin Andrews' Trial Shows Ethics Rule Is Needed

By Michael Downey |

Defense's suggestion that leaked video boosted her career demonstrates legal profession's sexism.

(L-R) Jay-Z and Kanye West.

VOIR DIRE: Tidal Wave

The litigation of "Pablo," dissimilar situating, and fighting over "Deadpool" and alcohol in this week's column.

Richard Cordray.

INADMISSIBLE: CFPB'S Power Structure Faces Criticism

A federal appeals panel in Washington last week appeared ready to disrupt the organizational structure of the Consumer Financial Protection Bureau, which vests power in the hands of a single director. Plus more in this week's column.

Cybersecurity Compliance Just Got Tougher

By Nick Akerman and Dan Goldberger |

Companies need specific, well-executed plans to meet growing demands of federal and state agencies.

Robert Ingato of CIT Group.

In-House Counsel Profile: Robert Ingato

By Richard Acello |

Movers

Lateral moves and new arrivals in this week's column.

VOIR DIRE: The Devil You Know

A client's rejection of his lawyer takes on a diabolical air, and Daddy Yankee gets caught up in the Panama Papers in this week's column.

Founder of the Pro Bono Institute Esther Lardent in her Washington, DC home. August 6, 2015.

INADMISSIBLE: Esther Lardent, Pro Bono Advocate, Dies

Lardent founded the Pro Bono Institute in 1996 and quickly became one of the nation's most high-profile and effective advocates for free legal assistance for the poor and disadvantaged. Plus more in this week's column.

Movers: A Weekly Roundup of Laterals and Promotions

Laterals and new arrivals in this week's column.

Neil Rube.

In-House Counsel Profile: Neil Rube

"Follow your instincts — this is not a dress rehearsal."

VOIR DIRE: Getting Fiscal

Words matter in the Missouri House of Representatives. Plus: Madonna fights her co-op board and Beyoncé wants a Texas company to take the ring off it in this week's column.

Antonin Scalia

Post-Scalia, Class Actions Hang in the Balance

By Arthur H. Bryant |

From 2011 to 2015, the justice wrote the opinions for some of the most pivotal decisions of our time.

<b>X-FILES REOPENED?</b>: A New Hampshire journalist says Hillary Clinton and Ted Cruz are both open to discussing alien life on Earth.

VOIR DIRE: The Truth Is Out There

Who among the ­current crop of presidential ­candidates is most likely to look into extraterrestrial life on Earth? Plus more in this week's column.

Movers: A Weekly Roundup of Laterals and Promotions

Laterals and new arrivals in this week's column.

Time to Brush Up on Campaign Finance Laws

By George J. Terwilliger III |

Don't let your clients get crossways with the government when supporting their candidates.

The body of Justice Antonin Scalia arrives at the Supreme Court, on Friday, February 19, 2016.

INADMISSIBLE: George Mason Law to Take Scalia's Name

George Mason University School of Law will be renamed for the late U.S. Supreme Court Justice Antonin Scalia at the request of an anonymous donor who gave $20 million to the school. Plus more in this week's column.

Darcy Manning.

In-House Counsel Profile: Darcy Manning

By June D. Bell |

Darcy Manning was hired in 2006 as DHC USA's first in-house attorney, and she remains its sole legal counsel.

IN BRIEF: Suit By 'Lost Boys' Proceeds

On March 22, U.S. District Judge Leigh Martin May in Atlanta rejected screenwriters' and producers' motions to dismiss a suit over the 2014 film "The Good Lie" by "the Lost Boys," 54 refugees who fled persecution in Sudan. Plus more in this week's column.

Merger-Litigation Fever Begins to Cool

By William Savitt |

Delaware decision regarding Zillow-Trulia tie-up increases the likelihood of dismissals at early stages.

Travis Torrence.

In-House Counsel Profile: Travis Torrence

By June D. Bell |

Travis Torrence, Jiffy Lube's only in-house lawyer, coordinates legal services for the company and is a member of its leadership team.

Richard Roberts.

INADMISSIBLE: Judge's Retirement Ends Ethics Inquiry

A misconduct complaint against former Chief Judge Richard Roberts of the federal district court in Washington has been dismissed. Plus more in this week's column.

VOIR DIRE: A Latte Less?

Starbucks, McCartney, and the Donald in this week's column.

Movers

Lateral moves and new arrivals in this week's column.

<b>COMPETITIVE:</b> Judge Ronnie Abrams found that a settlement between Takeda and three other drugmakers did not run afoul of antitrust laws.

When IP Settlements Create Antitrust Headaches

By Lizbeth Hasse |

Agreements involving generic companies are especially vulnerable to government scrutiny.

Movers: A Weekly Roundup of Laterals and Promotions

Lateral moves and new arrivals in this week's column.

Camille Nelson.

INADMISSIBLE: American University Names New Law Dean

Former Suffolk University Law School Dean Camille Nelson will be the next dean of the American University Washington College of Law, university leaders announced last week. Plus more in this week's column.

Christopher Plummer (left) as General Chang in the film

VOIR DIRE: Set Phasers to Sue

Paramount and CBS claim ownership of the Klingon language. Plus: Judge Judy's salary suit and forcing the darn kids off their cellphones in this week's column.

Mark Van De Voorde.

In-House Counsel Profile: Mark Van De Voorde

By Richard Acello |

Mark Van De Voorde is the general counsel at Victaulic Co., a leading producer of mechanical pipe joining products based in Easton, Pennsylvania.

Jenna Greene, Litigation Daily

'No' From SCOTUS Is a Client's 'Yes'

By Jenna Greene |

Sometimes, getting the U.S. Supreme Court to deny cert is a big deal. Take the case against the city of San Jose.

IN BRIEF: Voter ID Case to be Reheard

The U.S. Court of Appeals for the Fifth Circuit has agreed that the court's full bench will consider whether a Texas voter ID law violates the U.S. Voting Rights Act. Plus more in this week's column.

Fannie, Freddie and the False Claims Act

By Anne Hayes Hartman |

Despite a recent Ninth Circuit decision, the law still applies to government-sponsored entity cases.

Professor Charles Ogletree of Harvard Law School.

INADMISSIBLE: Scholars Urge Senate Action on SCOTUS

More than 350 legal scholars last week called on the Senate to fulfill its constitutional obligation to consider President Barack Obama's upcoming U.S. Supreme Court nominee. Plus more in this week's column.

Mia Chiu.

In-House Counsel Profile: Mia Chiu

By June Bell |

Founded in 1998, Ebates is able to channel cash to its users by sharing commissions it receives from retailers for directing traffic to them. "People often think it's too good to be true," Mia Chiu said.

50 Cent.

VOIR DIRE: Bogus Benjamins

50 Cent, Graceland artifacts, and way more quarters than fifty cents in this week's column.

Movers: A Weekly Roundup of Laterals and Promotions

Lateral moves and new arrivals in this week's column.

Damien Atkins.

In-House Counsel Profile: Damien Atkins

By June Bell |

Damien Atkins oversees nearly 70 people: the 30-attorney legal group, which has about 20 support staffers, and the public affairs team.

Portrait of Kevin Spacey as President Francis J. Underwood, by Jonathan Yeo.

VOIR DIRE: Rogue's Gallery

Frank Underwood gets an official portrait, and don't mess with Hamilton ticket buyers in this week's column.

Global Laws Inconsistent When Competitors Talk

By Janet McDavid and Gianni De Stefano |

Exchanges between businesses can give rise to antitrust violations in some countries, but not in others.

Supreme Court Justice Ruth Bader Ginsburg speaks at the memorial service for Supreme Court Justice Antonin Scalia at the Mayflower Hotel in Washington, DC, USA, Tuesday, March 1, 2016.

INADMISSIBLE: Justices Honor 'Nino' Scalia at Memorial

Two U.S. Supreme Court justices told stories last week of life at the court with the late Antonin Scalia, describing him as a loyal friend and a cherished — and challenging — ­colleague. Plus more in this week's column.

Movers

Lateral moves and new arrivals in this week's column.