Expert Columns


Discovery Rules Reinforced in Complex Litigation

By William D. Savitt |

Even inadvertent destruction of evidence can lead to sanctions. And boilerplate objections may draw ire.

VOIR DIRE: Full of It

By Richard Binder |

A man poses as a Secret Service agent to get girls, and a river becomes a person in this week's column.

Alston & Bird opens new San Francisco office. L-R Bo Phillips, Jeff Tsai, Teresa Bonder and Michael Agoglia.

IN BRIEF: Alston Raids Reed Smith, MoFo for San Fran, LA Offices

Atlanta-based Alston & Bird has scooped up financial services litigator Michael Agoglia from Morrison & Foerster and a seven-lawyer class action defense team led by Robert "Bo" Phillips Jr. from Reed Smith to open a San Francisco office and expand its Los Angeles office. Plus more in this week's column.

Don Liu, Target general counsel

In-House Counsel Profile: Target Corp.'s Don Liu

By Jennifer Williams-Alvarez |

"Every aspect of the trade I learned through practice."

Brad Feuer, Barnes & Noble general counsel

In-House Counsel Profile: Barnes & Noble Inc.'s Brad Feuer

By Stephanie Forshee |

"It's really important to understand the industry you work in."

Wilfredo Ferrer.

IN BRIEF: US Attorney Ferrer Jumps to Holland & Knight

Outgoing U.S. attorney for the Southern District of Florida Wifredo Ferrer is joining Holland & Knight as a partner in its Miami office, leading the firm's global compliance and investigations team. Plus more in this week's column.

Leprechaun Movie Still

VOIR DIRE: Drawing Blood

By Richard Binder |

Vampire-leprechaun hybrids and punctuation in this week's column.

William Appleton, SVP and GC of the The E.W. Scripps Company.

William Appleton: From Baker & Hostetler to GC of E.W. Scripps

By Kristen Rasmussen |

The senior vice president and general counsel of E.W. Scripps Co., William Appleton advises one of the nation's largest independent television station owners.

Representing the Nonbiological 'Parent'

By Barbara Handschu and Mary Kay Kisthardt |

When clients seek custodial rights, attorneys should obtain details on involvement with the child.

Travis LeBlanc

IN BRIEF: Boies Schiller Bags Another Ex-Obama Lawyer

Boies Schiller Flexner, a firm with longstanding ties to Democratic causes, has added two lawyers leaving the federal government for its office in Palo Alto, California. Plus more in this week's column.

Not the pants in question.

VOIR DIRE: Heat of the Moment

By Richard Binder |

Literal pants on fire; a claim of bad sportsmanship; and a tribute to Big Poppa in this week's column.

FTC Study Takes a Look at Merger Remedies

By Janet McDavid, Logan Breed and Robert Baldwin |

In 2015, 25 deals that the agency or DOJ believed would violate antitrust laws got the OK to proceed.

Target Corp. is among the retailers that received letters from the New York attorney general's office requesting information on their on-call practices for employees.

IN BRIEF: Target Puts FTC’s ‘Made in USA’ Claims to Bed

Federal trade regulators have dropped their investigation into Target Corp. over pillows that were advertised as "Made in USA" but were, in fact, manufactured in China. Plus more in this week's column.

Rankin Gasaway, SVP, GC and Secretary, 7-Eleven.

Big Gulp of Legal Work for 7-11 GC

By Kristen Rasmussen |

As a member of 7-Eleven's seven-member executive committee, Rankin Gasaway leads a team of 15 lawyers, including multiple real estate and franchise specialists working on its "aggressive expansion" of 300 additional stores in 2017.

VOIR DIRE: Humble Pie

By Richard Binder |

The president of Iceland draws the line at pineapples on pizza. Plus: a 911 on (8+29) x 15 in this week's column.

IN BRIEF: Stage Set for $112.5M Fee Fight in NFL Concussion Case

Although the NFL concussion litigation has ended in a $1 billion settlement, a new dispute has kicked off as the players' attorneys rush to score a piece of the $112.5 million pot of legal fees. Plus more in this week's column.

David Green, Global Payments.

In-House Counsel Profile: David Green

By Kristen Rasmussen |

David Green, executive vice president, general counsel and corporate secretary of Global Payments Inc. of Atlanta, which processes credit card transactions for merchants and banks, talks about his role.

Snuggie store website.

VOIR DIRE: Blanket Claims

By Richard Binder |

Is a Snuggie a blanket or a garment? The question is finally settled. Also in this week's column: The two-second rule is laughed out of a Providence court.

Rachel Lindsay

IN BRIEF: Texas Trial Lawyer Will Be Newest 'Bachelorette'

Dallas trial lawyer Rachel Lindsay, a daughter of U.S. District Judge Sam Lindsay of Dallas, will soon look for love and a husband as the "bachelorette" on the ABC reality program "The Bachelorette." Plus more in this week's column.

Alex Dimitrief, senior vice president & general counsel of General Electric Co.

In-House Counsel Profile: Alex Dimitrief

By Jennifer Williams-Alvarez |

"There are still times where I can be a valuable sounding board for my team, so my primary goal is to be there for them when they need me."

Jones Day's Michael Carvin

IN BRIEF: Days After Gorsuch Nod, Jones Day Files Union Fees Suit

The lawyers who unsuccessfully attempted to convince the U.S. Supreme Court to dismantle 40-year-old case law permitting "fair share" union fees are mounting a new legal challenge in anticipation of President Donald Trump's nominee joining the high court. Plus more in this week's column.

President Donald Trump’s Supreme Court Nominee Judge Neil Gorsuch of the U.S. Court of Appeals for the Tenth Circuit, addressing media during a meeting with Senator Chuck Grassley (R-IA), on February 1, 2017.

Where Does Judge Gorsuch Fall on IP?

By Howard S. Hogan and Lucas C. Townsend |

The SCOTUS nominee's opinions don't appear to favor alleged intellectual property infringers or owners.

The Dissent Pin.

VOIR DIRE: Pin Your Dissent

By Richard Binder |

A pin in the style of Justice Ginsburg's "dissenting collar," dueling Kylies, and hair today gone tomorrow in this week's column.

Daniel E. Troy, senior vice president and general counsel of GlaxoSmithKline.

In-House Counsel Profile: Dan Troy

By Jennifer Williams-Alvarez |

"By and large, what we really focus on is being good business partners and guardians for the company."

Pokemon Go.

VOIR DIRE: Pokémon Drive?

By Richard Binder |

Hopes of restored functionality and redesigned flags in this week's column.

Before You Move to Dismiss,
Read This

By J. Nicholas Ranjan |

Across the country, courts are requiring attorneys to talk before they will rule on these motions.

Bjarne Tellman.

In-House Counsel Profile: Bjarne Tellman

By Sue Reisinger |

"I'm trying to identify the underlying premises that the culture rests on, and to find how to disrupt them."

New Yorker Hotel, New York City

IN BRIEF: Union’s Handbill About ‘Bed Bugs,’ NY Hotel Not Defamation

Handbills that said a Manhattan hotel was "infested with bed bugs" but then offered another definition of the pests expressed protected speech and were not defamatory in a labor dispute between the hotel's management and a painters' union, a state judge ruled. Plus more in this week's column.

Reggie Davis, DocuSign Inc. general counsel and chief legal officer of DocuSign Inc.

In-House Counsel Profile: Reggie Davis

By Stephanie Forshee |

"Our mantra is to be the most sought after team in the company, to have people coming in asking us questions. That's been really important."

Hatchimals toy.

VOIR DIRE: Unhatched Act

By Richard Binder |

Hatchimals, Kerouac and Capote for kids, and free drinks continue for Belgian MPs in this week's column.

Dr. Martin Luther King giving his

Lessons for Lawyers From Martin Luther King Jr.

By Douglas S. Lavine |

Dr. King produced two of the greatest persuasive endeavors. Attorneys can learn a lot from his work.

(l-r) Khloe Kardashian, Kourtney Kardashian, and Kim Kardashian.

VOIR DIRE: Mullin' Over Rouge

A decision contoured with makeup puns and a very specific snack thief in this week's column.

Facebook CEO Mark Zuckerberg

IN BRIEF: Mark Zuckerberg Testifies, Defends Facebook-Oculus Deal

Facebook CEO Mark Zuckerberg testified in a Dallas federal courtroom Jan. 17 that he did not buy stolen technology when his company purchased the virtual reality developer Oculus for $2 billion in 2014. Plus more in this week's column.

In-House Counsel Profile: Laureen Seeger

By Jennifer Williams-Alvarez |

"A joy of being in-house is that lawyers often have a seat at the table on strategic issues."

Michele Threefoot in her Justice Ginsburg costume.

VOIR DIRE: Supreme Shoutout

By Richard Binder |

A SCOTUS justice for "Superhero Day," somebody's still behind the wheel in the "Drive" lawsuit, and a drug bust is a total bust in this week's column.


In-House Counsel Profile: Raymond Fortin

By Kristen Rasmussen |

"I serve as a resource to our younger lawyers, and I'll tend to provide advice that cuts across subject matter areas."

Jordan Zamir, vice president and general counsel of Minted.

In-House Counsel Profile: Jordan Zamir

"One of the best parts of my role here is that I never know quite what to expect."

Barack Obama at Harvard in 1990.


President Obama's "mixtape," the kombucha comeback in Virginia, and an incompetent bank robber in this week's column.


IN BRIEF: A Nutty Brief

The Florida Bar this year filed a complaint against Bernardo Roman III for allegedly making a false 911 call in an attempt to get his opposing counsel in a legal malpractice case locked up. Plus more in this week's column.

Eve Burton, senior vice president and general counsel of the Hearst Corporation.

In-House Counsel Profile: Eve Burton

By Kristen Rasmussen |

"We are a de minimus spender of outside legal fees."

VOIR DIRE: Buzz Kill…

Caffeine influence; the legal legacy of Carrie and Debbie; and maybe the squirrel was a squatter in this week's column.

ATM Plaintiffs May Proceed to Uncertain Results

By David C. Kully |

SCOTUS returned to lower courts a case alleging Visa and MasterCard blocked ATM competition.

Why Less is Better — Even for Lawyers

By Douglas Lavine |

Why are attorneys so verbose? One theory — gasp — we think we are more eloquent than we are.

UNT Dallas College of Law.

IN BRIEF: Texas Supreme Ct. Allows UNT Law Grads to Take Bar Exam

The first graduates of the University of North Texas Dallas College of Law can take the bar exam even though their school is still struggling to win accreditation. Plus more in this week's column.

Incoming White House Counsel Don McGahn plays guitar Dec. 10 at a venue in Philadelphia where his band, called Scott’s New Band, played their final show.

VOIR DIRE: Swan Song

The incoming White House counsel bids the band life farewell; a lawsuit over bad grades; and a temporarily favorable bank glitch in this week's column.

Edward Gallagher, NCR senior vice president, general counsel and secretary

In-House Counsel Profile: Edward Gallagher

By Kristen Rasmussen |

"We aren't like the old stereotype of the naysaying lawyer, and I'm very happy and proud to run that type of a team."

Will Trump Make America Corrupt Again?

By Michael D. Goldhaber, The Global Lawyer |

President-elect Donald Trump once called the Foreign Corrupt Practices Act a "horrible law." Will the U.S. continue to play the role of global corporate corruption cop?

IN BRIEF: Judge Awards Fees In Discrimination Suit Against Uber

In a bitter fee fight between lawyers for Uber Technologies Inc. and three law firms that sued the company over alleged discrimination against blind passengers, a federal judge in San Jose has largely sided with the plaintiffs lawyers. Plus more in this week's column.

VOIR DIRE: Vitamin K for Krispy?

By Richard Binder |

A man expected fruit in his raspberry creme doughnuts; a storage center looks for answers and not a fight; and mugshots with parrots in this week's column.


Lateral moves in this week's column.

John Lapham, general counsel of

In-House Counsel Profile: John Lapham

By Jan Wolfe |

"I'm trying to work with regulatory bodies to show them we are making a process safer than it was before."

Courts Consider What to Do with Frozen Embryos

By Barbara Handschu and Mary Kay Kisthardt |

When couples divorce, courts must balance the right to procreate with the right not to.

Does Your Firm's Website Repel Women?

By Paola Cecchi-Dimeglio |

A few 'nudges' can make your web presentation more attractive relative to gender and race.


VOIR DIRE: Jailhouse Rock

By Richard Binder |

Police on Prince Edward Island threaten an unusual punishment for drunk driving; everybody's an art critic these days; and he wasn't ready for that jelly in this week's column.

Johnson & Johnson Headquarters in New Brunswick, New Jersey.

IN BRIEF: Jury Awards $1B to Six Plaintiffs in Hip Implant Case

Johnson & Johnson lost a $1 billion verdict on Dec. 1 in a closely watched trial over a hip implant device made by its DePuy Orthopaedics Inc. division. Plus more in this week's column.

Jon Kaplan, general counsel of ChargePoint.

In-House Counsel Profile: Jonathan Kaplan

By Jan Wolfe |

"No in-house attorney can do a truly excellent job unless they understand their business inside and out."

Sen. Chuck Grassley, R-Iowa

IN BRIEF: Mylan Won't Testify at EpiPen Hearing, Draws Grassley's Ire

Obama administration officials and Mylan N.V. are declining to send representatives to testify at a Senate Judiciary Committee hearing this month that would explore the government's $465 million settlement with the pharmaceutical company over its alleged misclassification of the EpiPen for purposes of Medicaid rebates. Plus more in this week's column.


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

E.M. Lysonge, vice president, general counsel and secretary of CafePress

In-House Counsel Profile: E.M. Lysonge

By Jennifer Williams-Alvarez |

"I focus on the talent in the firms."

It's Easier for Employers to Sue for Data Theft

By Nick Akerman |

Why a Ninth Circuit decision and an amendment to the Economic Espionage Act change the landscape.

VOIR DIRE: Burrito Betrayal?

By Richard Binder |

Chipotle is sued over allegedly deceptive calorie counts; an IP attorney hears the muse calling over Dr. Seuss and fair use; and you can't pay for everything with pizza in this week's column.