Expert Columns

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.

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."

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.

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.

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.

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.

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."

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."

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.

Pokemon Go.

VOIR DIRE: Pokémon Drive?

By Richard Binder |

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

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.

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.

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."

(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.

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.

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."

Raymond

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."

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.

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.

VOIR DIRE: POTUS in Print

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

Pistachios.

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.

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.

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."

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.

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.

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.

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.

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?

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.

Movers

Lateral moves in this week's column.

John Lapham, general counsel of Rover.com.

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.

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.

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.

Nickelback.

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.

Movers

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.

Edward Knight, executive vice president and general counsel of Nasdaq.

In-House Counsel Profile: Edward Knight

By Stephanie Forshee |

"The change that has occurred in this space has been exciting."

Movers

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

IN BRIEF: DOJ Announces $264M Deal

A subsidiary of JPMorgan Chase & Co. ran a nepotism program on a grand scale in China, Justice Department officials said Nov. 17, as the bank agreed to pay $264.4 million to settle allegations it hired the sons and daughters of government officials to bribe its way to investment deals. Plus more in this week's column.

VOIR DIRE: When You Gotta Go

A lawyer's trip to the bathroom nearly derails a case. Plus: a steamy art heist in Florida and a foiled syrup heist, but an attorney's life isn't always so glamorous in this week's column.

Preventing Juror Misconduct is a Big Challenge

By Laurie L. Levenson |

This term, the Supreme Court is taking a look at juror misconduct from a different perspective.

Draguseni, Romania

VOIR DIRE: Seeing Triple

By Richard Binder |

And you thought our election was complicated. Plus: A battle over a neighborhood garage and a possibly illegal sandwich delivery via drone in this week's column.

International law systems, justice, human rights and global business education concept with world flags on a school globe and a gavel on a desk on blue background.

A Dose of 'Vitamin C' Boosts International Comity

By Craig Seebald, Lindsey Vaala and Ralph Mayrell |

Heeding foreign mandates while conducting business abroad may stave off U.S. antitrust allegations.

Frederick Nance, Cleveland-based regional managing partner at Squire Patton Boggs.

IN BRIEF: Nance to Lead Squire Patton

Squire Patton Boggs announced Nov. 7 that Cleveland-based partner Frederick Nance will be the global firm's next managing partner for U.S. operations, beginning Jan. 1. Plus more in this week's column.

Scott Offer.

In-House Counsel Profile: Scott Offer

By David Ruiz |

“People who advise in a vacuum are not very useful.”

Design patent blue prints

Representing Design Patent Owners? Read On.

By Jayme Partridge, Jessie Herrera and Rob Gerlach |

Food for thought: In inter partes review, the institution of trial likely means invalidation.

Alec Baldwin as Donald Trump on Saturday Night Live.

VOIR DIRE: Real vs. SNL Trump

By Richard Binder |

A motion from Donald Trump's defense team in the Trump University case is rebutted with Alec Baldwin's impersonation. Plus: Château-no-UFOs-du-Pape in this week's column.

Nancy Shurtz.

IN BRIEF: Law Prof Faces Controversy

Some colleagues are calling for the resignation of University of Oregon School of Law professor Nancy Shurtz after she wore blackface to an off-campus Halloween party attended by some law faculty and students. Plus more in this week's column.

Movers

Anne Benedict, Executive Vice President, Chief Legal Officer and Secretary of Summit Materials.

In-House Counsel Profile: Anne Benedict

By Richard Acello |

"There are many different pathways to the general counsel role, and I recommend people should try to keep their doors open."

Can Employers Ban Workers' Class Actions?

By Arthur Bryant |

Four cases now up for U.S. Supreme Court review allege employees were cheated out of overtime pay.

Movers

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

NOT ASHER WOODWORTH: A rendering of Treebeard the Ent from Tolkien's

VOIR DIRE: Leaf Him Alone

By Richard Binder |

A tree guy, Starbucks-styled bongs thwarted, and other moments of madness in this week's column.

Gordon Repp of LaSalle Investment Management

In-House Counsel Profile: Gordon Repp

By Rich Acello |

Repp is the general counsel at LaSalle Investment Management Inc., a global real estate investment manager.

VOIR DIRE: Drunkemon Go?

By Richard Binder |

A 23-year-old New York man sent police on a wild Wigglytuff chase, plus more in this week's column.

IN BRIEF: Dreamworks' $50M Deal

DreamWorks Animation SKG Inc. has reached a $50 million settlement to get out of a class action alleging that the animation studio held down employee wages through a "no-poach" conspiracy with other companies. Plus more in this week's column.

Alyson Barker, chief legal officer and corporate secretary of Drybar.

In-House Counsel Profile: Alyson G. Barker

By June Bell |

"I always joke that I must be a glutton for punishment."

Delaware Supreme Court Building

Beating the Drum for Full Disclosure

By William Savitt |

Decisions by Delaware courts push merger planners toward more disclosure before a stockholder vote.

Movers

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

Movers

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

IN BRIEF: FCC Fines Comcast $2.3M

Comcast Corp. has been hit with a $2.3 million civil penalty by the Federal Communications Commission, closing an investigation into whether the company wrongfully charged customers for services and equipment they didn't want. Plus more in this week's column.

Billy Joel performs in concert at Madison Square Garden on May 27, 2016, in New York City.

VOIR DIRE: Oh, Name Us a Street for Piano Man

By Richard Binder |

Dean Hart is challenging Michael Montesano for his New York legislative seat, and he believes he's hit a winning issue: Long Island's own Piano Man. Plus: A proposed class action says something's rotten in the advertising of Odor-Eaters.

Rich Jensen, general counsel of Reverse Mortgage Investment Trust.

In-House Counsel Profile: Richard Jensen

By Richard Acello |

"I like being part of a startup environment and being part of a team."

A Customer Service Crash Course For Lawyers

By Michael Downey |

A friendly reminder: clients frequent firms that treat them well and avoid others for repeat business.

Christopher Gaenzle, general counsel of INC Research

In-House Counsel Profile: Chris Gaenzle

By Richard Acello |

Chris Gaenzle is the general counsel at INC Research Holdings Inc., a contract research organization that provides clinical development services to the pharmaceutical industry.

Brexit Will Impact Planned Unified Patent Court

By Matthias Kamber |

But it's too early to predict when, and in what form, the UPC and the Unitary Patent might take shape.

Lee Cheng, Newegg CLO

IN BRIEF: Cheng Leaves Newegg Inc.

After 11 years with Newegg Inc., Lee Cheng, the longtime top ­lawyer at Newegg and an outspoken critic of the patent system, left the company to serve as chief operating officer at Nashville-based guitar manufacturer Gibson Brands Inc. Plus more in this week's column.

VOIR DIRE: Crows and Claims

By Richard Binder |

Neighbors decide their suit's for the birds; a Massachusetts man wants us all to have a piece of the pie; and no, you can't sue for being stuck in traffic in this week's column.

Movers

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

Why European Investigations Are Spurring Debate

By Janet McDavid and Falk Schöning |

Critics say that the European Commission has used its state-aid laws to start a "tax war" with the U.S.

VOIR DIRE: Curtain Call

By Richard Binder |

Legal action may be brewing over an addition to the Tate Modern that turns museum goers into potential peeping Toms. Plus: an unusual missing person case in this week's column.

VOIR DIRE: Apocalypse Prep

By Richard Binder |

Mumbai's zombie invasion readiness is questioned; a most unusual phobia; and excessive spending at the Paris Opera Ballet in this week's column.

Tracy Caswell. Chief Administrative Officer and General Counsel of Comverge.

In-House Counsel Profile: Tracy Caswell

By Richard Acello |

"I work around the clock. I don't ever turn the phone off, so I'm available unless I'm asleep."

Donald Trump, left, and his ex-wife, Ivana Trump

IN BRIEF: Trump Records Stay Sealed

A New York state judge has denied a request by news organizations to unseal records related to Donald Trump's 1990 divorce from Ivana Trump. Plus more in this week's column.

Movers

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

Sometimes, a Litigation Hold Is Not Enough

By Robert L. Byman |

Companies that place holds should also have their employees read a District of Delaware opinion.

Nelly.

VOIR DIRE: Revenue Stream

By Richard Binder |

IRS puts the heat on Nelly; how original-ish is "Black-ish"; and heavy metal rules in this week's column.

Lynn Feldman, executive vice president and general counsel of Clear Channel Outdoor Americas.

In-House Counsel Profile: Lynn Feldman

By Richard Acello |

"You hire the lawyer and not the firm. It's about building a relationship, and firms being straightforward about what they're good at, and what they're not good at. We have to work well together, taking into account what I can spend and what I need."

Are Patent Rights Poised for a Resurgence?

By Alexander Okuliar and James Tierney |

Key court rulings and enforcement activity in recent years have made it riskier and costlier for patent owners to bring — and settle — patent infringement cases.

Samsung Galaxy S7 Edge

IN BRIEF: Samsung Sued Over S7 Edge

A new lawsuit against Samsung Electronics Co. alleges that the device maker had problems with exploding smartphone batteries even before the recent recall of its Galaxy Note 7, leaving at least one man with third-degree burns. Plus more in this week's column.

The Future of Enhanced Damages After 'Halo'?

By Lewis R. Clayton |

SCOTUS: the Patent Act gives trial judges discretion to assess these awards in "egregious cases."

Susan Hawk

IN BRIEF: Dallas County DA Resigns

After surviving an attempt to legally remove her from office for alleged incompetence and going public about her struggles with mental illness, Dallas County, Texas, District Attorney Susan Hawk announced her resignation. Plus more in this week's column.

VOIR DIRE: A Ballet Brawl

By Richard Binder |

Police get involved in an email war of words between a dance school principal and a parent. Plus: possibly all-too-convincing testimony, and things are really bad at home in this week's column.

Pat McGlone.

In-House Counsel Profile: Patrick McGlone

By Richard Acello |

Patrick McGlone is the general counsel at Ullico Inc., which says it's the only labor-owned insurance and investment company.

Movers

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

The DOJ Increases Scrutiny of Foreign Tax Havens

By John O'Donnell, Pamela Kiesselbach and Geng Li |

More than 100 account holders who evaded taxes and reporting requirements have been prosecuted.

Movers

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

(l-r) Robin Thicke; Earth, Wind & Fire

VOIR DIRE: Battle 'Lines'

Robin Thicke and Pharrell Williams appeal the "Blurred Lines" verdict, with a little help from their friends. Plus: Blind Melon's "Insane" suit, delicate sensibilities in Australia, and a tip of the hat to Gene Wilder in this week's column.

IN BRIEF: Suit Filed Over App Tracking

That Golden State Warriors app on your phone might be eavesdropping on you. Plus more in this week's column.

Larry Knopf.

In-House Counsel Profile: Larry Knopf

By Richard Acello |

Larry Knopf is the general counsel at HeartWare International Inc., a provider of implantable devices that enable the heart to pump blood throughout the body.