Practitioner blogs

Winning a judgment against a real estate broker, licensed property manager, or home improvement contractor is significant, but collecting on that judgment can be another matter entirely. When a defendant lacks the resources to satisfy a judgment, recovery and guaranty funds administered in the District of Columbia, Maryland, and Virginia may provide an alternative source of compensation.... By: Lerch, Early & Brewer

Key Updates: Earnouts are accounting for a larger share of potential deal value in life sciences transactions, with more consideration tied to clinical, regulatory and commercial milestones.... By: Polsinelli

Product liability suits against robotics manufacturers are hardly new. Since a Michigan jury awarded $10 million for a worker killed by a malfunctioning robotic system in an automobile factory in the early 1980s, plaintiffs’ attorneys have invoked state product liability laws, which often impose strict liability and allow punitive damages, against makers of robotic systems.... By: Foley Hoag LLP

The ongoing saga of Self, et al. v. BPX Operating Co., et al., has drawn a large audience due to its potential economic repercussions for Haynesville producers and mineral owners. Recall the question: Can the operator of a well on a Louisiana compulsory drilling unit who markets unleased mineral owners’ share of unit production deduct post-production costs from the mineral owners’ share of proceeds?... By: Gray Reed

As businesses integrate artificial intelligence (“AI”) and automated decision systems (“ADS”) into business operations, they must be cognizant of California’s new AI employment laws targeting the implementation and use of automated decision systems in their operations, practices, and procedures.... By: CDF Labor Law LLP

The decision to part ways with an employee has been made, the termination notice is prepared, and just before the scheduled meeting, the employee submits a medical certificate for sick leave. This is one of the most common scenarios employers bring to us. Sick leave does not block the possibility of terminating the employment contract, but it changes the timing and the manner in which it can be done.... By: Dudkowiak & Putyra

From Berenson v. Gottlieb, decided yesterday by Judges Pierre Leval, Richard Wesley, and Joseph Bianco: Plaintiff-Appellant Alex Berenson … is

Extract from Lisa Lang’s article, “AI Won’t Make Lawyering Faster. It Will Make It Different.” Speed alone is, quite frankly, dangerous. Everyone expects AI to make legal work faster. Clients […]

Extract from Stephen Embry’s article, “The Defense Bar In The Age Of AI: Running A Red Queen’s Race?” The mismatch between the talent and resources of plaintiffs’ firms and those […]

This alert updates and expands upon our previous analysis of Colorado's proposed ADMT rules to reflect the Colorado Department of Law's October 6, 2026 Interim Draft Rules and developments leading up to the October 26, 2026, rulemaking hearing.... By: Moore & Van Allen PLLC

In July, we wrote the Custody Rule (or, perhaps, the Safeguarding Rule) is back and promised to see you in October. On October 1, 2026, the U.S. Securities and Exchange Commission (“SEC”) proposed new rules and amendments to the custody rules under the Investment Advisers Act of 1940 (“Advisers Act”) and the Investment Company Act of 1940 (“40 Act”) (“Proposed Rule”).... By: Bressler, Amery & Ross, P.C.

On October 15, 2026, the Securities and Exchange Commission (SEC) issued several new and revised Corporation Finance Interpretations (CFIs) addressing various matters related to equity compensation registration and reporting.... By: Cooley LLP

By statute, if a case is not “brought to trial” within five years, it is subject to a dismissal for delay in prosecution. But the question becomes: what does “brought to trial” mean exactly?... By: Hanson Bridgett

An out-of-state franchisor with no Texas stores, no Texas leases, and no Texas employees can still find itself named in a Texas lawsuit because a franchisee’s storefront carries its brand.... By: McGinnis Lochridge

Estate planning rarely fails because a family lacks a story. It fails because the documents do not account for how complicated that story has become. Families immigrate. Children live across states and countries.... By: Offit Kurman

California Bars Public Works Contractors from Defending Themselves with Records Withheld from the Labor Commissioner On August 27, 2026, California Governor Gavin Newsom signed Senate Bill 1316 (SB 1316), adding section 1742.05 to the California Labor Code. Effective January 1, 2027, the new section creates a potentially case-dispositive consequence for public works contractors and subcontractors that do not timely produce requested payroll, time, and employment records: They may be unable to in

You email opposing counsel asking for a specific document that was omitted from their discovery responses. Several days go by without a response. You send a second and third email, still with no response.... By: Ropers Majeski

The below articles are part of Gorin’s Business Succession Solutions, a complimentary quarterly resource by Thompson Coburn partner Steve Gorin on tax planning for business owners, with an emphasis on income, estate, and related tax considerations.... By: Thompson Coburn LLP

On September 30, 2026, California Governor Gavin Newsom signed Assembly Bill 1776, known as the COMPETE Act (the “Act”), into law. The Act adds three new sections to the Business and Professions Code (Sections 16730, 16731, and 16732) and, for the first time, extends the Cartwright Act, California’s principal antitrust statute, to monopolization and monopsonization by a single firm.... By: Vinson & Elkins LLP

The report is the investigation, as far as any later reader is concerned. The interviews fade but the report survives to speak for or against the process.... By: Vorys, Sater, Seymour and Pease LLP

NJDEP civil administrative penalties are often negotiable, but not in the sense that most businesses expect. Most NJDEP regulatory programs have their own rules governing civil administrative penalties.... By: Offit Kurman

Texas Lawbook: What do you look for in hiring outside counsel? I look for outside counsel that is an expert in their field, incredibly responsive and with a great personality.

There is howling in the distance. The light of a full moon cuts through the fog. Suddenly, a blood-curdling scream cuts through the night! Estate plans are designed with the best of intentions.... By: Offit Kurman

As noted in this Cooley “Securities Litigation + Enforcement” blog penned by Sean Brownridge, Patrick Gibbs and Polina Demina, as most prepare for their director nomination window to open between December and February, the Delaware courts have delivered a timely reminder:... By: Cooley LLP

As we enter this thankful season, it is a great time for business owners to implement a gratitude practice that creates the potential to transform their lives, their companies, and everyone who interacts with their businesses.... By: Bradley Arant Boult Cummings LLP

U.S. v. Santiago, decided Monday by Judge Chad Meredith (E.D. Ky.), involves this Instagram post: Santiago is being prosecuted for

The wave of cryptocurrency insolvencies that began in 2022 and continued through the following years generated an extraordinary volume of judicial guidance on topics that most traditional lenders assumed had little relevance to their operations.... By: FBT Gibbons LLP

This Halloween, lawyers and law firms may be looking for treats in all the usual places: new pitches, RFPs, lateral hires, and new markets. But some of the best opportunities may be hiding in plain sight—within relationships you already have.... By: Society54

A federal court rejected a challenge to Executive Order (EO) 14398, “Addressing DEI Discrimination by Federal Contractors.” The court concluded the EO’s prohibition targets only unlawful intentional discrimination and applies to work performed under a specific contract containing the required clause.... By: Jackson Lewis P.C.

This horizon scan highlights the principal legal and regulatory developments (excluding tax) that European managers should monitor over the coming months. In our full analysis, we have grouped topics under headings, commented on issues we think are especially noteworthy, and included a note, highlighted in red, for each topic to indicate any new topics or material updates since the previous edition of our horizon scan (published in May 2026).... By: Goodwin

When 10 Depositions Are Not Enough If your case calls for more than 10 depositions, when should you ask the court for permission? As soon as the need becomes apparent, or after you have taken the first 10?... By: Esquire Deposition Solutions, LLC

I read and much enjoyed—and highly recommend—my Stanford colleague Diego Zambrano's book, How Americans Enforce the Law. He was kind

Courts have been active over the past month deciding insurance issues. The Arizona Supreme Court for the first time defines “fortuity,” while the Colorado Supreme Court instructs on insolvency “drop down.” The Eighth Circuit considers a time element pollution exclusions and whether prejudice plays any role. An Oregon federal court finds an exclusion for “infectious and/or contagious diseases” ambiguous in the context of a listeria claim. Regardless of whether the court got it right,... By: Rivki

Early divorce preparation is less about building a case against a spouse than about replacing uncertainty with verified information.

California’s Fair Employment and Housing Act (the “FEHA”) proscribes various forms of employment discrimination, including discrimination based on religious beliefs.... By: Sheppard, Mullin, Richter & Hampton LLP

A Delaware Court of Chancery opinion from August 2026 offers a valuable lesson about using AI tools to transcribe or summarize board meetings: those notes could end up in evidence. In ATG Capital Opportunities Fund LP v. Lane, a proxy fight arose over Empery Digital, Inc., a Bitcoin treasury company. An activist hedge fund accumulated…... By: Hicks Johnson

With the continuing turbulence in the financial and credit markets, it comes as no surprise that the rate of commercial loan defaults has dramatically increased over the past several months. As the economy appears to move toward a state of affairs last seen during the Great Depression, every lender must have a strategy to handle defaults on its secured commercial loans...... By: Bracewell LLP

A federal court in Florida recently ruled that since a company’s remote employees did not work at a single site of employment, they were not entitled to a written notice of termination under the Worker Adjustment and Retraining Notification Act (WARN Act). As the first court in the Eleventh Circuit to address this issue, the decision offers important guidance on employers’ WARN Act notice obligations to remote employees.... By: Phelps Dunbar

The Court seems concerned enough about transitioning children but not adult (prisoners).

International arbitration has long been the forum of choice for complex cross-border disputes — and for good reason: neutral venue, expert decision-makers, confidential proceedings, and global enforcement under the New York Convention.... By: Herbert Smith Freehills Kramer

For decades, a New York employee’s personnel file belonged, practically speaking, to the employer. The employee might glimpse it during an exit interview or a lawsuit. Otherwise, it stayed locked away.... By: Sheppard, Mullin, Richter & Hampton LLP

BLOG OVERVIEW: Defensible worker categories under the EU Pay Transparency Directive start with a sound, gender-neutral job evaluation. Five triage questions show where an employer’s foundation breaks down: whether jobs were evaluated, whether documentation survives, whether the evaluation reflects the Directive’s criteria of skills, effort, responsibility and working conditions, whether pay structures preserve equal-value groupings, and whether categories follow that structure. The first... By:

Employers often face workplace investigations arising from employee complaints and privacy issues simultaneously. Navigating these overlapping obligations means prioritizing options, protecting employee rights and making practical decisions that minimize legal and reputational risk.... By: Blake, Cassels & Graydon LLP

Ramaco got the coal moving again in weeks. Its insurers took years to pay. Under West Virginia’s Hayseeds rule, the cost of that wait can give rise to a separate and substantial recovery. Policyholders and insurers alike should take note. In September 2026, a jury awarded awarded Ramaco Resources LLC $30 million against Federal Insurance […]

When an energy shipment cannot follow its planned route, the commercial problem can move faster than the legal dispute. A buyer still needs delivery. A producer may face higher transportation costs or uncertainty about insurance coverage. Waiting for a final decision on who bears those costs may compound the losses on both sides.... By: JAMS

With just two weeks until the November 3 midterm elections, companies should pay attention not only to who may control Congress in January, but also to the congressional inquiries already underway. Letters and information requests issued today—including those from lawmakers currently in the minority—could become the foundation for more extensive investigations in the next Congress.... By: Morgan Lewis

Standard essential patents (SEPs) and associated fair, reasonable and non-discriminatory (FRAND) licensing commitments are becoming increasingly relevant across a range of sectors.... By: Herbert Smith Freehills Kramer

New personnel record requirements for employers in New York State – including an employee notification requirement – will take effect on Sunday, November 8. The law applies to all New York State employers, regardless of the number of employees. Out-of-state employers should also ideally comply, with respect to any employees who are in the State of New York.... By: Constangy, Brooks, Smith & Prophete, LLP

This edition of The Essentials in US Employment Law coincides with the close of California’s 2026 legislative session and summarizes the most significant employment-related bills enacted this year. We have highlighted key provisions of the new laws taking effect in 2027, including significant developments involving: • Artificial Intelligence and Workplace Technology - • Employment Agreements, Arbitration, and Mediation - • Discrimination and Retaliation - • Leaves of Absence - • Wage and Hour...

The past four years have confronted contracting parties with two of the most severe geopolitical shocks of the modern era.... By: Herbert Smith Freehills Kramer

A final court order does not necessarily mean an end to the involvement of state attorneys general (AG) in an enforcement action.... By: Troutman Pepper Locke

Back in the old days (i.e., maybe five or six years ago!) the mantra when representing a freight broker in a cargo loss and damage case was: “Come on, brokers aren’t liable for freight loss and damage!” There were, and still are, literally, mountains of case law on this point. [See Nipponkoa Ins. Co., Ltd. v. C.H. Robinson World Wide, Inc., 2011 WL 671747, at *3, No. 09 Civ. 2365 (S.D.N.Y. Feb. 18., 2011); Chubb Group v. H.A. Transportation Systems, Inc., 243 F. Supp. 2d 1064 (C.D. Cal. 2002)...

The use of AI in international arbitration is no longer limited to any single task or participant. It now spans document review, legal research, evidence analysis, drafting and, increasingly, the work of tribunals themselves.... By: Herbert Smith Freehills Kramer

A Northern District of California court agreed that transaction-level data the FTC wanted from Uber was relevant, then denied the motion to compel because it came six weeks before the ... The post The Discovery Timing Trap: What FTC v. Uber Teaches About Getting Structured Data Late in Discovery first appeared on Minerva26 .

AI vendors vary a lot. But in B2B deals, many AI vendors ask for rights to use customer data to improve, train, or develop their models and services.... By: Gouchev Law

With booster-funded collectives accounting for the vast majority of college athletic NIL compensation, universities and third-party collectives face mounting legal exposure over whether student-athletes are independent contractors, common-law employees or an entirely new legal hybrid. In Part 2 of a series for The Texas Lawbook , this article examines how clearinghouse scrutiny, performance benchmarks and IRS control tests could trigger joint-employer liability under the Fair Labor Standards Act

In early June, the Equal Employment Opportunity Commission (EEOC) issued its new National Enforcement Plan (NEP). The NEP is a helpful document, as it essentially serves as a road map that will guide the agency’s enforcement efforts through 2029. Originally published in Iron & Steel Technology - October 2026.... By: Tucker Arensberg, P.C.

When someone obtains a judgment against another person in a Louisiana court, they can serve garnishment interrogatories on the debtor’s bank. The bank must respond and turn over the debtor’s non-exempt funds. Louisiana recently updated the process for seizing debtor assets, strengthened consequences for garnishee noncompliance, and streamlined procedures for financial institutions.... By: Phelps Dunbar

Sometimes reality follows fiction. In Michael Connelly’s The Proving Ground, attorney Mickey Haller represents a mother whose daughter was murdered by an ex-boyfriend who has encouraged to kill by an artificial-intelligence chatbot. The mother wants more than compensation. She wants accountability and guardrails to prevent another tragedy.... By: Stark & Stark

"I wish I would have known sooner how much a good deed can impact someone's life. Do as much as you can, as early as you can."

In March, I'll give a lecture at Villanova on "The Real Unitary Executive Problem." My argument will be that the Framers erred by creating a president who is both the head of state and head of government. America managed this problem fairly well through a series of norms and fictions that lasted until the end of the Cold War. Today, though, the original

From Judge Stephanos Bibas, joined by Judge Tamika Montgomery-Reeves, in Monday's Holy Trinity Ukrainian Catholic Church v. Township of Collier:

For years, the UK and US have approached whistleblowing from slightly different starting points. The UK’s regime has primarily focused on preventing those who speak up from being subject to any detriment for having done so. The US has gone a step further, using financial incentives to encourage whistleblowers to bring information directly to regulators....... Continue Reading

Many intellectual property rights peacefully coexist because they apply to distinct aspects of a product. Issues can arise when intellectual property rights that expire and intellectual property rights that do not expire protect the same or overlapping features of the same product. One example is design patents and trade dress rights, both of which apply to non-functional ornamental features.

Learn from common mistakes that can make an Ontario divorce more complicated, including financial disclosure problems and missed deadlines.

A party instructing an expert without obtaining permission from the court in advance runs a risk. Considerable expenditure can be incurred and yet the court may refuse permission. However, on occasions, it is necessary to actually have the report to...

Contention interrogatories ask an opponent to state the facts on which it relies to support a specific contention. Fed.R.Civ.P. 33(a)(2) as amended in 1970 states: An interrogatory is not objectionable merely because it asks for an opinion or contention that relates to fact or the application of law to fact, but the court may order that the interrogatory need not be answered until designated discovery is complete, or until a pretrial conference or some other time.” [emphasis added].

In this episode of the RICO Report, host Cal Stein takes a closer look at RICO conspiracy under Section 1962(d).

“Regulatory Four-Night: Who can fire US Attorneys? The Missing Clear-Statement Analysis; A Thought Experiment About Vacatur, A Reason for Judge Greg Katsas’s Influence, A Firsthand Account of Ken Paxton, and More.” Aaron L. Nielson has this post at Civitas Outlook.

If the adage is true that “a picture is worth a thousand words,” then the Zapruder film – the 26-second home movie that caught the assassination of President John F. Kennedy – at 480 frames, is worth 480,000 words. Given the attention and writing devoted to it, this may be a woeful underestimate. The recent … Continued The post Fact or Fiction? Applying the Copyright Act to Footage of Historical Events first appeared on New York State Bar Association .

TLB’s primer on foreign sovereign immunity has been updated to reflect recent cases, global developments, and new statutes. The primer on foreign sovereign immunity is part of a popular series of TLB primers covering topics such as personal jurisdiction, choice of law, and service of process. They serve as good teaching tools for classes on

A Thousand Words Cannot Carry A Single Basket Of Yams- African Proverb By Folarinwa Aluko Government is judged by its actions, not its declarations. A government cannot claim to promote innovation merely by publishing a policy that promises to do so. The test is whether the Policy understands the conditions that drive innovation, identifies the […]

The New York Times story draws a line between the new gig and clemency granted by Trump to Venezuelan billionaire banker Julio Herrera Velutini. Give the cottage industry that’s grown up among Trump’s circle of friends and those seeking his mercy, it would hardly come as a surprise. Yet, there is no evidence that the […]

Your employee signed an agreement to arbitrate all employment disputes. But a single sexual harassment claim can bring an entire lawsuit, and every other claim with it, into court anyway. TL;DR: The Second Circuit joined the Sixth and Ninth Circuits in holding that properly invoking the federal law allowing sexual harassment disputes to proceed in […]

Most advice about AI in legal stops at “verify the output,” says Samir Ali. But if you’ve never been shown how, “verify” just means reading the thing again more suspiciously — which catches almost nothing. Here are 5 verification checks, in the order to run them.

Much of litigation is taken up with the contents of witness statements and their veracity, or otherwise. However there is an important element in relation to missing evidence and “missing” witnesses. What inferences should the court draw if a...

Does the fact that a specific sum is claimed in the Particulars entitle a claimant to enter default judgment in that sum? Sometimes the answer to that question is no. That was the issue being considered in in this case. ...

The newly introduced International Chamber of Commerce (“ICC”) 2026 Arbitration Rules (“2026 ICC Rules”, already discussed here ) clear the air about 'whether to disclose' by imposing an unambiguous duty on arbitrators to disclose relationships or circumstances falling short of a conflict, overriding any subjective doubts held by the arbitrator. Article 12(2) gives an institutional backing to that principle, plugging the procedural gap which institutions have long circled about. There has always

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Attorneys have many options for in-house legal jobs in 2026. Technology, healthcare, finance, energy, and pharma offer career growth. These fields may also offer good pay and new challenges. However, each field has different needs. Therefore, lawyers should explore their options before making a career move. Learn more from this guide: Best Industries for In-House […] The post Discover the Best Industries for In-House Lawyers first appeared on JDJournal Blog .

Here we look at a case where an expert essentially changed their mind after a joint report. Although the expert stated that he had not "rowed back" the judge was clear that there had been a change of view and...

When a will lacks an essential dispositive clause due to a drafting error, counsel’s first instinct may be to apply ...

Privacy law offers new career paths for lawyers. Companies need help to keep personal data safe. They also face risks from cyberattacks and AI tools. As a result, privacy counsel jobs are gaining attention. These roles bring together law, tech, and business advice. According to LawCrossing, lawyers can enter this field from many practice areas. […] The post How to Become Privacy Counsel and Boost Your Career first appeared on JDJournal Blog .

by Abhishek Rajan*

This post is kindly prepared by Akifumi MOCHIZUKI, attorney at law at Atsumi Toshiyuki Law Office and a member of Private International Law Association of Japan 1. The Absence of Divorce under Philippine Law and the Recognition of Foreign Divorces in the Philippines Philippine law provides for the declaration of nullity and the […]

Most liability clauses default to a fee-based cap, regardless of the underlying risk in the deal. That mismatch hides the real exposure.

California employers now have a little more time and flexibility to comply with California’s 2025 law that banned or restricted most employment-related “stay-or-pay” provisions. The new legislation delays the law’s compliance deadline such that the restrictions no longer apply to contracts entered into between January 1, 2026 and January 1, 2027.... By: Nelson Mullins Riley & Scarborough LLP

At A Glance - While agentic AI implementations vary, the broad access and automation associated with many agentic AI products can expand the security risks associated with abuse, misuse, or misalignment of these tools, creating substantial legal risks for businesses.... By: Mayer Brown

Blog • October 20, 2026 The Order Is Reviewed. The Contract Isn’t. Manufacturers already run a formal review before they accept an order. It asks whether they can build the thing on time — not what the paper commits them to if something goes wrong. Many manufacturers already run a version of contract review before ... Read more

The Delaware Court of Chancery recently issued its first interpretation of new General Corporation Law section 144(d)(2). Per our prior eAlert, section 144 governs “interested-director” transactions – i.e., where a director has a financial stake in a transaction involving the company, whether directly or through a related entity.... By: Nossaman LLP

An upward trending chart over the Canadian flag

Corporate America is increasingly financed by debt rather than equity. Two market forces drive this shift. On the demand side, private equity has generated an insatiable appetite for debt by acquiring large companies and entire industries through leveraged buyouts. On the supply side, innovations in debt markets—including syndicated lending, private credit, and other forms of nonbank credit—have expanded the debt needed to satisfy that demand.

Commentary | CARE Court can profoundly change lives, and California’s justice system, if given the chanceMartin.Novitski Mon, 10/19/2026 - 09:05 NewsLink Unlike most court proceedings, everyone in a CARE Court courtroom — judges, participants, family members, providers and county agencies — works toward the same objective: helping someone find a path to stability and hope, where perhaps that path previously was lost or difficult to find.

GPU and Connected Data Centre Equipment Financing: An Indian Legal Perspective

Learn what termination of contract means, the legal grounds to end a contract, how to write a termination notice and what happens after.

On 16 July 2026, the Commission adopted a decision specifying Alphabet’s obligations to share Google Search data under Article 6(11) of the Digital Markets Act (DMA). In specifying those obligations under Article 8(2) DMA, the Commission prescribes safeguards and then relies on them to

Learn how contract renewal works, when to start, where auto-renewal laws stand in October 2026, and a checklist to renew on your terms.

Captain Barbossa was not exactly a model of corporate governance. But in Pirates of the Caribbean, he offered a memorable interpretation of the Pirate’s Code: it was “more what you’d call guidelines than actual rules.”... By: Lowndes

Motor vehicle mechanics may consider it common sense to obtain authorization from a customer before undertaking repair work on the customer’s vehicle. But the specific laws regarding motor vehicle repair authorizations, and the potential consequences of not documenting authorization to commence work, may not be as widely understood or appreciated.... By: Adler Pollock & Sheehan P.C.

California’s whistleblower protection statute prohibits retaliation by an employer or anyone acting on the employer’s behalf. But does that mean an employee can sue a supervisor personally? In Chaudry v. State of California, A173501 (Sept. 28, 2026), a California Court of Appeal answered that question: individual managers and supervisors are not personally liable for retaliation under Labor Code section 1102.5.... By: CDF Labor Law LLP

Courts, at both state and federal levels, are still working out how to address experts' AI use as a part of litigation. For example, only a handful of courts have, thus far, addressed what, if any, part of an expert's AI prompts and AI-related work product can enter the record and are doing so using existing procedural and evidentiary rules.... By: Baker Botts L.L.P.

On October 15, 2026, the Mississippi Supreme Court issued an important decision clarifying the information required to establish an enforceable construction lien under Mississippi law.... By: Butler Snow LLP

When a private equity group makes an offer, the number arrives first and the machine behind it stays out of view. Owners negotiate the price and miss the fund’s clock, its debt and its exit plan, which together decide what the deal is actually worth to them.... By: Davidoff Hutcher & Citron LLP

Welcome back to The Silent Line. This issue tracks what has moved since our inaugural briefing in September. The topics this month include a revised set of Colorado ADMTA rules heading into an October 26 hearing, with a federal constitutional challenge and the Department of Justice waiting in the wings;... By: McGinnis Lochridge

A court just held a message asking a consumer if they would “May I communicate with you via text” may constitute a solicitation under the TCPA where the context of the message suggests the intent of the message was to sell the consumer a car– and that’s probably the right result.... By: Troutman Amin LLP

In our companion posts, we looked at the quirks that make Virginia’s and Maryland’s mechanic’s lien laws unique. Cross the river again into Washington, D.C., and you land in a third system with its own personality.... By: Bradley Arant Boult Cummings LLP

Welcome to the quarterly issue of Sterne Kessler’s MarkIt to Market® newsletter, featuring recent developments in brand protection and emerging issues impacting trademark and copyright owners.... By: Sterne, Kessler, Goldstein & Fox P.L.L.C.

When a construction dispute leads to litigation, determining who may be responsible for a claim can take time. Contractors may need to review project documents, investigate alleged defects, consult with design professionals, or evaluate the work of subcontractors and suppliers. A New York law now places greater pressure on defendants to make those decisions earlier.... By: McNees Wallace & Nurick LLC

This issue covers developments from July 1 through September 30, 2026. The third quarter was defined by merits rulings and

Outstanding NYC violations? Now may be the time to clear the slate—and save. New York City’s newly launched “Debt Demolisher” Program offers property owners and businesses a limited-time opportunity to resolve eligible Environmental Control Board (ECB) judgments at significantly reduced costs.... By: Cole Schotz

On 7 October 2026, US Department of the Treasury (Treasury) announced its first civil penalty under the Outbound Investment Security Program (OISP) and this should catch the attention of every CCO.... By: K&L Gates LLP

When does a criminal conviction justify disarmament under the Second Amendment? In two en banc decisions issued on the same day, the Third Circuit affirmed a felon-in-possession conviction grounded in a terroristic-threats conviction, but held that a decades-old DUI conviction did not justify continued disarmament.... By: Morrison & Foerster LLP - Federal Circuitry

Pours are up, guests are generous, and a lot of taproom staff quietly assume that whoever is behind the bar at closing time gets a share of the jar, owner and shift manager included. That assumption is wrong, and it can be an expensive one.... By: Husch Blackwell LLP

For Illinois contractors performing public work, prevailing wage compliance requires careful attention to worker classifications, payroll practices, and fringe benefit calculations. Recently, however, many contractors have reported audit findings and assessments that appear disconnected from Illinois Prevailing Wage Act (IPWA) requirements, established industry practice, and, at times, the Illinois Department of Labor’s (IDOL) own published guidance.... By: Amundsen Davis LLC

Mediation resolves the vast majority of probate disputes — and a few best practices can make the difference between a long day that ends in a signed agreement and one that doesn’t. Field notes from the mediation table:... By: Warner Norcross + Judd

Welcome to the McGuireWoods Quarterly Securities & Capital Markets Update, a quarterly series that reviews important securities law developments from the previous quarter and alerts readers to significant considerations for the upcoming reporting period.... By: McGuireWoods LLP

A recent decision from a federal district court in New Jersey confirms a difficult reality for employers that prevail in withdrawal liability litigation: more often than not, success on the merits does not result in recovery of attorneys’ fees.... By: Conn Maciel Carey LLP

This is the second in a three-part series on aligning cyber insurance coverage with incident response planning before a crisis occurs. Part 1, Your Cyber Response Team Starts at Insurance Renewal, focused on securing approval for trusted counsel and vendors. Part 2 looks at another important question: whether the policy itself supports the way your organization expects to respond.... By: Smith Anderson

PTO cash-out provisions are common. They also tend to be one of those handbook provisions that employers carry forward year after year without giving them much thought. But a seemingly simple option to cash out unused PTO can create an unexpected tax problem for employees.... By: Bricker Graydon Wyatt LLP

For many years, the Serious Fraud Office (SFO) has been encouraging companies to self-report wrongdoing.... By: White & Case LLP

The duty to preserve evidence once litigation is reasonably anticipated is not new. What has changed is the level of scrutiny organizations face regarding whether that obligation was met, and whether they can demonstrate that it was met. Much of that scrutiny traces back to a landmark preservation dispute involving Morgan Stanley in the mid-2000s. ... Read more »

Picture a composite of scenarios that play out on construction sites: a worker reports that he fell from a ladder. There are no witnesses. When investigators arrive, the ladder is neatly placed against the wall, clearly not in use. At the hospital, the worker shows no bruising, no fractures, and no discoloration. Weeks later, the claim form describes an injury to his “entire body.”... By: Goldberg Segalla

How’s your old and trusty NDA? I’m guessing you haven’t revised it in years, arguably with good reason. Things in the NDA world haven’t necessarily changed that much. But you might want to blow off the dust and get cracking on some drafting.... By: Loeb & Loeb LLP

Do you recall the relief you felt when, in early March of 2025, the Treasury Department announced that it would not enforce any penalties or fines associated with the beneficial ownership information (“BOI”) reporting rule under the then existing regulatory deadlines issued under the Corporate Transparency Act (the “CTA”)?... By: Rivkin Radler LLP

Germany's FDI screening regime is moving house. The rules now spread across the Foreign Trade and Payments Act (AWG) and Ordinance (AWV) will be consolidated into a standalone Investment Screening Act (Investitionsprüfungsgesetz, IPG), supported by a new Investment Screening Ordinance (Investitionsprüfungsverordnung, IPV).... By: Hogan Lovells Cadwalader

The current Administration has made clear that tariffs are a priority, whether through broad tariff policies or aggressive task forces targeting alleged customs and trade fraud.... By: Sheppard, Mullin, Richter & Hampton LLP

The Ohio Supreme Court recently decided once and for all a question that has vexed lower courts and parties for years: namely, how many times can a party use the savings statute to proceed with a time-barred claim?... By: Hinshaw & Culbertson - Consumer Crossroads

On October 15, 2026, the SEC’s Division of Corporation Finance issued new and revised Corporation Finance Interpretations (CFIs) providing additional flexibility for registering compensatory awards, including awards assumed in acquisitions and granted before an IPO.... By: Goodwin

We’ve been coming across a common scenario. Your company just rolled out an AI-powered feature. It’s fast. It’s scalable. It’s doing great in demos.... By: Gouchev Law

While you were (we hope!) enjoying a restful weekend, something good happened for Washington policyholders: on October 18, 2026, changes to Washington’s claims-handling regulations took effect, including several badly needed reforms that will improve how policyholders are treated.... By: Miller Nash LLP

On October 1, 2026, the U.S. Securities and Exchange Commission’s Division of Examinations (the “Division”) published The SEC Exam Handbook: A Practical Guide on Process and Engagement (the “Handbook”). The Handbook “replaces and expands upon the previous examination brochure” and is intended to give advisers “more insight and detail about what to expect during an examination.”... By: Stark & Stark

On September 7, 2026, the United States Department of Labor (DOL) issued an opinion analyzing what many people would describe as their dream job: volunteering to care for puppies learning to become service dogs. A nonprofit organization that trains service dogs asked the DOL to opine on whether its employees could also serve as volunteers.... By: Bricker Graydon Wyatt LLP

Other Transactions Authority (OTA) and other procurement methods outside the Federal Acquisition Regulation (FAR) are taking on an increasingly prominent role in defense contracting, including defense construction contracting. We have extensively covered the Federal Government’s emphasis on reforming the Department of War’s (DOW) acquisition process by prioritizing OTA, including important takeaways for any contractor pursuing OTA, like the need to assess unfamiliar solicitation terms,... By: Pi

A claims practice expert whose identity I have agreed to keep confidential recently sent me a question that ought to make insurance executives squirm a little: “Can you name an insurer who recently advertised that it wanted to increase claim payments to benefit its deserving policyholders?” If you are a policyholder struggling to get paid,

Introduction Commercial and civil disputes are rarely driven by legal or financial issues alone. They are also shaped by how parties experience the dispute, as emotional reactions, social dynamics, cultural expectations and personalities influence how parties perceive fairness, authority, identity, risk and belonging.[1] Emotional and social processes operate rapidly and unconsciously, shaping what analytical thinking … Continued

This is the third part in a “Law Meets Science” series on how the scientific record affects expert evidence in litigation. Part 1 examined the implications of unpublished and selectively reported research. Part 2 focused on the potential impact of evolving scientific knowledge on the reliability of expert opinions over time. Now, in Part 3, we examine what experts can reliably conclude from the published science and the implications for admissibility in the courtroom.... By: Womble Bond Dickinso

With all the attention on recent Section 503 changes, it’s easy to focus on compliance and what employers need to do to meet the requirements. But October’s National Disability Employment Awareness Month (NDEAM) is a good time to step back and look beyond compliance at the bigger picture of disability inclusion.... By: Berkshire

Anyone who regularly drives the PA Turnpike or any other major highway in the Commonwealth has probably become accustomed to seeing tractor-trailers parked on the shoulder of the roadway. While this practice may seem commonplace, the reality is that truck drivers who park in this “sitting duck” position are creating a significant safety hazard for motorists and likely violating Pennsylvania law.... By: Stark & Stark

By: Nigel Bankes Decision Commented On: Canadian Energy Regulator, Approval of Trans Mountain Pipeline ULC, Negotiated Settlement, September 28, 2026 PDF Version: The CER Approves the Negotiated Settlement for TMX’s Tolls and Tariffs: One More Taxpayer Subsidy for Oilsands Producers On September 28, 2026 the Canadian Energy Regulator (CER) approved a negotiated settlement between Trans Mountain […]

With new AI tools arriving at a dizzying pace, it is easy to focus on what the technology can do. The question I repeatedly come back to though is more personal: How can organizations—and the people within them—adapt? That question … Keeping People at the Center: Unprecedented and the Human Side of AI Adoption Read More »

In this episode of Hiring to Firing, hosts Tracey Diamond and Emily Schifter explore the intersection of hair, race, and

There’s a lot to ponder in the permitting reform bill before the Senate. I’ve tried to work through what I think the important issues are in Titles I through IV of the bill (which focus on environmental law). As a reference, in case it’s useful to others, here are my blog posts discussing the various … Continue reading "An Overview of BAAJA"

As chair of the Pro Bono Committee, I want to welcome you to a new bar year with new opportunities for pro bono work. Pro Bono service is a vital part of… The post Give and Take With Pro Bono first appeared on NCBarBlog .

A patent’s economic value and the price it commands in a licensing negotiation can be very different things. The technology may deliver substantial commercial benefits, yet the amount a patent owner can capture depends on legal risk, enforcement costs, negotiating leverage, and each party’s business objectives. This week on IPWatchdog Unleashed, we ask how much a patent is really worth, and how to prove it at a negotiating table or in court. This conversation, which occurred as part of IPWatchdo

The Document She Had Never Seen More than once at a deposition, I’ve handed a witness a paper document and asked a simple question: “Can you identify this document?” She, […]

GC turnover is up: 43% of Fortune 500 GCs who left in 2025 served under five years. A former GC explains what compliance loses and how to prepare. [...]

I've seen some say yes as to that—as an objection to gun control laws, not as an objection to the

From L.R. v. Bd. of Ed. of Jennings School Dist., decided Wednesday by Judge Joshua Divine (E.D. Mo.): L.R. and

We have looked many times at issues relating to non or mis-service of the claim form. Here we have a case where a solicitor's evidence as to service was disbelieved by a Circuit Judge. The case shows many familiar mistakes...

Many professional athletes compete at the international level, and some have accused the governing bodies of various sports of unlawfully restricting global competition for their services. When athletes bring antitrust claims in U.S. courts, however, it can be difficult to establish personal jurisdiction over foreign sports organizations. In a recent decision, Judge Margaret M. Garnett

INTRODUCTION The system operated by Flock Safety in the United States has been in the news A LOT recently. I’m going to break down why this would not fly in Canada, thanks to our federal and provincial privacy laws. This hasn’t been tested by any Canadian courts yet, but my views are based on some pretty strong authorities. I am not a US lawyer, so I’ll assume that what Flock Safety

A longstanding sore spot in the world of dispute resolution is the gap between education and experience. For decades now, I have encountered mediation students eager to put their learning to work only to struggle to find the opportunity to do so. For those pursuing the ADR Institute of Canada’s Qualified Mediator (Q.Med) designation in Ontario, this real-life experience criterion is often the most elusive. After all, who would select a mediator with no experience? I touched upon this question sl

You never quite know who you might meet on a dating app. Perhaps someone attractive, with similar interests and a compatible background. Perhaps someone who will make your life miserable and do you grave harm. After all, you might meet someone like Kailan Wang, who was sentenced to one year imprisonment and three years supervised […]

Tyson Mutrux sits down with immigration attorney Audra Doyle to discuss what happens when the practice area you've built your law firm around starts changing beneath you. From purchasing her first firm to building an unconventional partnership, Audra shares the decisions that shaped her business and why she's now considering another major shift as immigration law becomes increasingly unpredictable.

Ernie Svenson: Slashy connects an AI agent to your inbox and calendar, so you can ask it to do real work instead of only answering questions.

A departing employee returns a laptop. Soon afterward, the legal team learns that sensitive design files may have been copied before the departure....

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It is not unknown for a client to wish to change solicitors part way through a case. Where the matter is being conducted on a conditional fee agreement this can lead to complex problems. We see this here. The key...

As standard-essential patent (“SEP”) disputes grow more complex and costly, courts and advocates are paying more attention to mediation and arbitration as alternatives to litigation. Depending on how they are designed, these forms of alternative dispute resolution (“ADR”) may offer practical advantages when parallel proceedings, mounting costs, or the risk of an injunction threaten continued market access. This article does not address whether SEP disputes should generally be resolved through AD

When this series started in March 2025 I suspected that there would be enough material for a few posts. There have now been 100. The cases have involved claims and defences, replies and counterclaims, personal injury, commercial disputes, professional negligence...

Many new lawyers want to work for a company instead of a law firm. However, finding an entry-level in-house job can be hard. Some companies prefer lawyers with years of experience. Still, new attorneys have several ways to enter this field. In-house lawyers help companies deal with legal matters. They review contracts, solve legal problems, […] The post Top In-House Counsel Jobs Every New Lawyer Should Know first appeared on JDJournal Blog .

Bar associations throughout the country have steadily issued ethics opinions regarding artificial intelligence.The ABA issued Formal Opinion 512 in July 2024. The Florida Bar issued

For post one hundred in this series it is perhaps fitting that we look at a Privy Council decision that shows, in categorical and clear terms, that a failure to plead essential points cannot be dismissed as a technicality. Here...

Sometimes there will be no mystery as to the outcome of a case after reading how the facts are described ...

A client portal is useful only when clients know what it is for. A secure login alone does not solve the familiar questions: “Has anyone seen my document?” “When will I hear about the hearing?” “Should I send this by email or upload it?” A law firm client portal communication plan answers those questions before […]

When a corporation cancels your shares in a cash-out merger you did not support, it is exercising a form of governmental power. Your personal property is taken without your consent through a legislative act, and you are handed a check

After School District bans licensed pistols, license holder saves children.

Attorney At Work: Every time you start a new conversation with an AI tool, do you find yourself repeating the same instructions? Keep it concise. Use plain English. Don’t invent facts. Ask questions when the assignment is unclear. Write for a client rather than another lawyer. That repetition is optional. Now you can use AI ...

“If I let you write the substance and you let me write the procedure, I’ll screw you every time.” Former US Rep. Dingell In the prior post I criticized some of the positions of environmental groups in the debates over the Senate permitting reform bill. But advocates of the bill have also made problematic arguments. … Continue reading "Procedure Versus Substance"

In this episode of Hull on Estates, Nick Esterbauer and Jordan Sarah Head revisit the basic principles and pitfalls of ...

From Judge Ted Stewart (D. Utah) in U.S. v. Wang, dated Sept. 9 but just docketed today: Defendant objected to

The case arises as both right and left favor various forms of anti-Asian discrimination.

Key Points I. Introduction: The Rise of State-Level Junk Fee Enforcement The national conversation about so-called junk fees — charges

In the latest episode of GT’s Immigration Insights Podcast, Kate Kalmykov and Jen Hermansky discuss the expanded public charge framework that took effect on Sept. 18 and what it may mean for employment-based, EB-5, and family-based green card applicants and their sponsors. They explain how officers may assess an applicant’s age, health, household, finances, education, and earning prospects, and why certain means-tested benefits, including some state or local programs and need-based student aid,

In his new book, Alito says that Brown v. Board was consistent with an originalist view of the Constitution. This would be news to the people who created originalism.

By: Alexandra Lyn, Joel Reardon, and Michael Nesbitt Legislation Commented On: Bill C-22, An Act respecting lawful access, 1st Sess, 45th Parl, 2026 (as passed by the House of Commons 18 June 2026) PDF Version: Decrypting Bill C-22, Part 2: Keeping Tabs: C-22 and the Year (Now Half-Year) of Metadata Retention This is the second post […]

Destroying evidence should never leave a party better off. In SS&C Technologies Canada Corp v Bank of New York Mellon Corp, the Supreme Court of Canada considered how courts should address situations when a party intentionally deletes evidence relevant to the calculation of damages. For the first time in more than a century, the Court clarified the law of spoliation. I suggest that while the Court shows how far the resulting adverse inference can go in the most severe cases, it leaves trial judg

"Be true to yourself and self-reflect. If you're unhappy or something feels off, take the time to figure out what you actually want. If you do want to make partner, understand why. Think about what gives you real satisfaction, what makes you happy, and where you want to focus your energy. Then pursue it with confidence."

On October 1, 2026, New Jersey State Senator Brian P. Stack introduced Senate Bill S4685 , which, if enacted into law, would prohibit certain groups of employees—specifically, law enforcement officers, first responders, drivers with a commercial driver’s license (CDL), and operators of heavy equipment—from using cannabis recreationally, whether on or off duty. The legislation would therefore eliminate existing employment protections for such employees by allowing employers to take adverse action

A quiz about three animal-related figures of legal speech (all of which had been mentioned on this blog in years

The good news is that you won your personal injury trial. The bad news is that the verdict was inadequate and did not compensate your client for all the damages suffered. In his October Illinois Bar Journal article, “How to Win a New Trial on Damages Only,” R. Courtney Hughes discusses the formula for winning a new trial on damages only after an inadequate verdict, beginning with filing a posttrial motion with the trial court and arguing that the damages verdict was against the manifest weight o

Many lawyers billed a lot of hours to have a judge affirmed due to a lack of a quorum.

Three of the five California cannabis bills we tracked became law. Here is what operators should know about new testing, certificate-of-analysis, youth-marketing, edible-labeling, and multi-serving beverage requirements—and the steps businesses should take before the 2027 and 2028 compliance deadlines.

Remember the caps? In March 2021 this blog asked what it is with the Dutch and money, and reported that the Dutch patent courts had put indication tariffs on recoverable legal costs. Simple case, normal case, complex case, very complex case. No more full bills, no more haggling to the cent. The proof, it was said at the time, would be in the pudding. Five years on, a second court has served its own pudding, and this one arrived with the tariffs already printed on the menu.

"whose [mental state] is itself the measure of Plaintiff’s [punitive] damages."

Lawyers can tighten their business development strategy by defining a niche digital presence, translating experience into client benefits in website materials, and using LinkedIn and attorney bios to demonstrate relevant expertise before prospective clients make contact, says Michael Mellor at 742 Advisors.

Recently published, by Elliott A. King (J.D., Cornell Law School ’27): Whose History, Which Tradition? An Examination of Historical Sources in the Supreme Court’s History-and Tradition Jurisprudence (111 Cornell L. Rev. 1227 (2026)). Here is the abstract: The Supreme Court’s modern reliance on history and tradition has reshaped constitutional adjudication across multiple doctrinal areas, including […]

Sol De Janeiro USA, INC. v. MCoBeauty Pty Ltd, 2026 WL 2937438, No. 24-cv-8862 (ER) (S.D.N.Y. Sept. 30, 2026) Sol sued MCo, its competitor in the market for cosmetics, for false advertising, trade dress infringement, and unfair competition by copying Sol de Janeiro’s fragrance mist products, in violation of the Lanham Act and New York General Business Law. The court found trade dress claims

Chicago Cubs Baseball Club, LLC v. Dunican, No. 24-cv-05086, 2026 WL 2937177 (N.D. Ill. Sept. 30, 2026) The Cubs play at Wrigley Field, a historic open-air ballpark. They sell tickets and incur significant expenses to operate Wrigley Field. Defendant Wrigley View is a rooftop business located adjacent to Wrigley Field, offering views of the Chicago skyline, Lake Michigan, and Wrigley Field.

Is an inheritance considered community property in Texas? Click to read more!

Effective October 1, 2026, Connecticut employers must provide employees with written notice before engaging in workplace monitoring.

The immunity of states from the jurisdiction of foreign domestic courts is a long-standing and mostly uncontroversial principle of customary international law. The International Court of Justice has described foreign sovereign immunity as a procedural doctrine of international law, one that “derives from the principle of sovereign equality of the States.” As a practical matter,

Texas Lawbook: What do you look for in hiring outside counsel? Brenna Nava: I look for a true partner and someone willing to roll up their sleeves and work alongside

The conditions and technology need to be in place for sound employee reporting

A sudden GC departure can upend investigations, derail regulatory strategy and leave compliance leaders scrambling to fill a critical leadership vacuum.

President Trump’s efforts to renovate a public D.C. golf course have provoked another example of the Justice Department’s insolence toward district courts.

It wasn’t an actual plan, the government claimed before the court as more than 400 trees were cut down over the weekend despite Judge Ana Reyes telling the government not to take action without providing the court and plaintiffs advance warning. Then came the twit* via Truth Social. What’s a judge to do? There was […]

A box of auto parts can be finished and ready to ship without being “finished stock” under an insurance policy. A recent Michigan decision illustrates why definitions matter and why a policyholder can demand appraisal without winning every coverage argument. 1 In Aicheh, LLC v. Verlan Fire Insurance Company, a federal court considered Detroit Axle’s

Under Belgium’s Private Investigations Act (the “PIA”), an employer may only investigate its employees if the detailed rules governing such investigations are laid down expressly and transparently in a set of internal regulations. Employers were given a transitional period of two years from the PIA’s entry into force to put these regulations in place. That...... Continue Reading

If a manager has to explain why telling an employee to stop going to HR was legally defensible, the conversation has already gone poorly. TL;DR: An employer defeated a retaliation claim despite a manager linking promotions to an end to HR complaints. The decisive point: the employee’s relevant complaints described bullying and unprofessional conduct without […]

In a previous blog post, we shared an annotated bibliography highlighting best practices for prompting generative AI during legal research. Effective prompting, however, is only one aspect attorneys must consider when using generative AI in their work. As generative AI tools become increasingly common in legal practice, lawyers must ensure that their use of these ...

Originalism is, intentionally or not, a highly modernist theory of law.

Justin here. On Friday, Rick blogged about a DOJ letter I called “ authoritarian fantasy .” After Tuesday’s letter demanding that California state and local officials break the law to segregate or reject ballots for 20,000 almost-certainly-inaccurately-identified alleged noncitizens, and… Continue reading

Here we have a case where the Court of Appeal upheld a decision to award pre-judgment interest on costs. Interest can be awarded even though the action is being conducted on a Conditional Fee Agreement. This is an important point...

This is a case about a late application for third party disclosure. The order was granted despite the trial date being imminent. The respondents complained of "opportunism" the judge observed that this may well be described as "creative lawyering". "...litigation...

Six years ago, I wrote a blog entry about possible changes to Canada’s medical assistance in dying (“MAID”) regime, including ...

A few recent posts have been a (wholly subtle) attempt to promote the forthcoming webinar and book "The Paying Party's Manual". This is part of that well-disguised approach. We are looking at the wisdom in making an early and realistic...

Independent director status isn’t just about selection—it’s about the record. Here is what GCs must document under Delaware’s new rules. The post The Independent Director: Build the Record Before Independence Is Challenged first appeared on Today's General Counsel .

When legal reviews every routine contract, high-risk risks get buried. Here’s how one CLO shifted legal judgment upfront to safely automate 70% of agreements. The post Do Lawyers Really Need to Touch Every Agreement? first appeared on Today's General Counsel .

The Supreme Court’s Code of Conduct was adopted in Nov. 2023. The last page of the Code noted that “the Chief Justice has directed Court officers to undertake an examination of best practices, drawing in part on the experience of other federal and state courts.” One might think the Court would take several subsequent steps […]

Lawyers have career options beyond law firms. One option is corporate governance. This field helps companies follow the law and make sound business decisions. As rules change, companies need skilled professionals to guide their leaders and manage risks. Learn more from this guide: Corporate Governance Manager Career Guide for Lawyers: Jobs, Salary, Skills, and How […] The post Corporate Governance Careers: A Powerful Guide for Lawyers first appeared on JDJournal Blog .

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Lawyers are obsessed with revenue – which is alright; revenue is good. (Despite the fact that profit is a better indicator for business success.) But, most of the time when attorneys are after additional revenue, they’re quick to focus on new revenue, like the kind that you get by engaging new projects or adding practice...

On October 7, 2026, the U.S. Department of the Treasury (“Treasury”) announced its first civil penalty under the Outbound Investment Security Program (the “OISP”). Treasury fined Amidi, LLC (“Amidi”) $200,000 for failing to notify Treasury of an investment that Amidi’s

By Cyrus D. Mehta and Manjeeta Chowdhary A federal district court in Nebraska has reopened a consequential debate over how U.S. Citizenship and Immigration Services adjudicates EB-1A extraordinary ability petitions. In Agarwal v. Miller, Chief District Judge Brian C. Buescher dismissed a challenge to USCIS’s “final merits determination,” declining to follow the earlier decision in […]

I went back to 2009: Section 101 is again a fifth of PTAB appeals, the reversal spike faded, and the Board has nearly stopped raising 101 itself. Continue reading this post on Patently-O.

To be lawful, processing of personal data must rest on one of the six grounds in Article 6 of the General Data Protection Regulation(GDPR). Among them, Article 6(1)(f), legitimate interest (LI), requires a controller, case by case, to show that it

IMS Legal Strategies' Joshua Hill guides us through examples of how modern litigation consulting has expanding beyond expert witness search and prep.

I want to write separately to emphasize how sweeping the permit certainty provisions of Section 1401 of the permitting reform bill likely are. Again, these are provisions that apply if an agency takes an “action” (which is undefined) against a “project” (also undefined) that “would revoke, rescind, withdraw, terminate, suspend, amend, or alter a Federal … Continue reading "How to Deconstruct Federal Regulation"

A guest blog post from Jeffrey Newberry , Senior Legal Clinic Supervisor Director, Death Penalty & Criminal Appeals Clinic at the University of Houston Law Center. Mr. Newberry was not an avid user of AI until recently. Most of what law professors hear about AI and legal writing is a warning:

I was a litigator for many years, much of it spent handling mass torts with high stakes. I know how litigation works. I have seen lawyers turn what ought to be straightforward dispute into a bloody war that exponentially increases time and expense. And that was before AI. I thought about this as I was... Continue Reading

I was a litigator for many years, much of it spent handling mass torts with high stakes. I know how litigation works. I have seen lawyers turn what ought to be straightforward dispute into a bloody war that exponentially increases time and expense. And that was before AI. I thought about this as I was...

Managing outside counsel: how in-house lawyers decide what to send out, choose firms, run an RFP, set guidelines, control fees and know when to move on. [...]

A nice line from Ninth Circuit Judge Lawrence VanDyke.

The Arizona Supreme Court recently issued an important opinion that every claim practitioner handling insurance coverages should read. In Industrial Park Center, LLC v. Great Northern Insurance Company, the court explained that a foreseeable loss is not necessarily an uninsurable loss. 1 This sounds obvious because insurance is designed to protect against foreseeable risks, but

We agree on many key points, but have a few notable differences.

From a press release last month, just posted on Westlaw: N.C. Detective Agency, a Durham-based security company, will pay $65,231 in

Funny lawyer stories and weird legal news, newest first: the 29-hour billing day, the napping trial lawyer, AI fake cites and more. [...]

Future-proofing the in-house counsel: which legal work is changing, how to use AI well, the skills to build, and how to stay valuable as the role evolves. [...]

Negotiating an in-house job offer: know your number, answer the salary question, understand bonus and equity, negotiate well and read the fine print. [...]

How to become a general counsel: what the job involves, common paths, the skills CEOs want, landing and negotiating the role, and your first 100 days. [...]

Office politics for lawyers: how in-house counsel handle a bad boss, difficult coworkers, criticism and boundaries, earn respect, and know when to leave. [...]

How to manage your in-house career: titles and paths, getting promoted, lateral moves, layoffs, remote work and when to move on, with links to current jobs. [...]

Why lawyers burn out, the warning signs, and what in-house counsel and legal leaders can do about it, plus an honest look at lawyer happiness and when it is time for a change. [...]

The skills that make a good in-house lawyer: practical advice, getting to yes, understanding risk, client service, business communication, hard conversations, executive presence and showing the legal department’s value. [...]

How to write an in-house counsel resume that gets read: what to say, layout and length, showing impact, litigation and general counsel resumes, cover letters, LinkedIn, AI tools and common mistakes. [...]

Anybody who has practiced insurance bad faith law for a while knows that some of the most important evidence in a claims case is nowhere near the individual claim file. Sometimes you have to travel upstream and find out who designed the claims process, what management was measuring, what goals were established, and whether the

Late-week legal developments offered a clear reminder that risk is moving on multiple fronts at once: courts, prosecutors, regulators, and lawmakers are all reshaping the operating environment for companies and counsel. While the headlines span different practice areas, the broader takeaway for legal professionals is practical—clients are facing faster-moving exposure, and response strategies need to...

Late-week legal developments offered a clear reminder that risk is moving on multiple fronts at once: courts, prosecutors, regulators, and lawmakers are all reshaping the operating environment for companies and counsel. While the headlines span different practice areas, the broader takeaway for legal professionals is practical—clients are facing faster-moving exposure, and response strategies need to... Continue Reading

“Stathas pleaded guilty in 2023 to enticing a minor to engage in unlawful sexual activity” (18 U.S.C. § 2422(b)). He was sentenced to 180 months in prison and 10 years of supervised release. As part of the arrest and investigation,...

There’s two ways of looking at a glass: it’s either half full or half empty. I thought about this when I read Everlaw’s 2026 Legal AI Adoption and Impact Report. Everlaw mostly says the AI legal glass is half full but the curmudgeon in me can’t resist a half empty view as well. Or telling a joke about three frogs on a log. Here’s my post for Above the Law.

For the Balkinization symposium on Diego Zambrano, How Americans Enforce the Law (Stanford University Press, 2026).Brian T. Fitzpatrick How can the author of The Conservative Case for Class Actions say a bad word about a book that argues that private enforcement of the law is a vivid example of American exceptionalism? I can’t. We conservatives are a patriotic lot; we shamelessly believe

Having written recenlty on the difficulty of determining the ROI on the use of AI for substative legal work, I was interested in the recent partnership announcement by Legora and Laurel that includes a commitment to eventually give law firms that ability. There’s is lots of value in knowing that ROI but , once firms know it, the issue is what they do with it and what clients will expect. Here is my discussion of all this for Above the Law.

Late Thursday evening, I was up working on insurance claims for clients still recovering from the January 7, 2025, Palisades Fire when I suddenly heard fire trucks racing through our community. I checked our local news chats and quickly learned that a new fire had started in Malibu, already burning more than 100 acres. Living

MaxLawCon 2026 might have been the best one yet. Tyson Mutrux is back from Atlanta with the conversations and lessons that made this year’s conference memorable. From Ben Glass explaining why law firms waste money on marketing to Gary Falkowitz challenging how firms handle intake, Tyson shares practical takeaways owners can apply long after the conference ends.

With thanks to Will Ford (Osbornes Law) for this guest post about an important recent decision of the UT(AAC) Housing Benefit rules on absences abroad found to be unlawfully discriminatory Michaela Kuželová v (1) The London Borough of Barnet (2) The Secretary of State for Work & Pensions [2026] UKUT 272 (AAC) This case involves a […]

Legal interview questions for in-house counsel jobs: what they will ask, how to answer, the salary question and the best questions to ask your interviewer. [...]

I’ve written a bunch about the Senate’s permitting reform bill. My basic takeaway is that I want this bill to pass, but that there are some serious flaws in the bill, particularly in the permit certainty provisions, that must be addressed. And in general, there are areas where greater clarity about the scope of the … Continue reading "Improving permitting reform"

Like numerous other federal courts in similar cases, this one rule sanctuary cities are protected by the Tenth Amendment.

The Beltway Buzz ® is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C., could impact your business.

Guest contributor Justin Pidot is co-director of the environmental law program at the University of Arizona James E. Rogers College of Law. Eric Biber’s recent posts have done a terrific job providing an overview of many of the Senate permitting bill’s provisions. I want to revisit the issue of NEPA remedies he discussed here, … Continue reading "NEPA Remedies Revisited"

When a judge asks a lawyer whether AI drafted a filing with fake cases, the Fifth Amendment may come into play, says a Harvard lecturer. [...]

The Tenth Circuit’s October 9, 2026 opinion in No. 26-5071 is a useful reminder that appellate outcomes often turn as much on procedure as on merits. Although the publicly available docket caption here is spare, the court’s opinion appears to center on a recurring issue in federal practice: whether the order under review was properly...

The Tenth Circuit’s October 9, 2026 opinion in No. 26-5071 is a useful reminder that appellate outcomes often turn as much on procedure as on merits. Although the publicly available docket caption here is spare, the court’s opinion appears to center on a recurring issue in federal practice: whether the order under review was properly... Continue Reading

Some colorful lawyer wisdom (see, e.g., Dunn v. U.S. (5th Cir. 1962)); I found versions of this in newspapers going back

New amendments to Delaware’s data privacy law that will take effect on January 1, 2027, may have an impact on how employers use artificial intelligence (AI) tools in employment decisions.

From Lajara v. McMenamin, decided Wednesday by Pennsylvania Superior Court judge Brandon Neuman, joined by Judges Jack Panella and Carolyn

Jump to ↓ What to include in an employment contract Drafting clear and enforceable contract language Non-compete and restrictive

Ultimately, families want to know that someone is taking their concerns seriously.

But she can testify as Dr. Doe, rather than under her real name.

It’s 4:47 p.m. on a Friday. Your biggest client has fired its other law firm after a missed court-ordered production deadline and wants you to take over. You inherit 40 custodians, Slack threads, WhatsApp voice notes, and Copilot outputs.... By: Association of Certified E-Discovery

Federal wrong-door raids, federal vigilantes, and federal prosecutions in Indian country.

Law students are accustomed to being measured. Their LSAT scores, undergraduate GPAs, class rankings and summer associate offers become markers along a carefully constructed path toward professional success. For many, the pursuit of a legal career has been a succession of competitions, each promising that the next achievement will provide some measure of security, recognition […]

FMLA Leave and RIF Decisions: Why the Record Matters A reduction in force may be driven by legitimate business needs, but an unclear selection process or inconsistent internal communications can turn a defensible decision into a jury question. A recent decision from the Northern District of Georgia offers a practical reminder for employers: When an employee using protected leave is selected for a RIF, objective criteria and a consistent contemporaneous record are critical. tgelbman@littler.com F

By: Jeff Johnson, Chief Innovation Officer and Ashley Bilbrey, eDiscovery Analytics & AI Consultant AI is quickly becoming part of the eDiscovery conversation. But for litigation teams, the question is no longer simply: Can AI do this? The more important questions are: Did it work? How do you know? And can you defend the process? […]

I’ve flagged an additional issues from the permit certainty provision (Section 1401 of the bill) that I think are quite important and worth considering in assessing the merits of the permitting reform bill. As I noted in my prior post on Section 1401, it has potentially sweeping scope because it prohibits any federal agency action … Continue reading "A Major Problem with “Permit Certainty”"

For many attorneys, attention-deficit/hyperactivity disorder, or ADHD, can be both a boon and a burden for their practices. While symptoms like intense focus and pattern recognition can help with the practice of law, other symptoms like poor time management and executive function challenges can impede legal work. The New York State Bar Association hosted a … Continued The post How Attorneys With ADHD Can Manage Their Careers first appeared on New York State Bar Association .

By: Jennifer Koshan and Jonnette Watson Hamilton Case Commented on: Quebec (Attorney General) v Kanyinda, 2026 SCC 7 (CanLII) PDF Version: Grounds for (In)Equality: The Supreme Court of Canada Grapples with Intersectionality in Kanyinda This is the first of a planned series of posts on the Supreme Court of Canada’s most recent equality rights decision, […]

It's not by the lead singer of "The Slants."

I have a draft paper on the topic up on SSRN entitled “Legislative Intention.” It’s relevant to statutory interpretation of course, but also to constitutional interpretation given that the Constitution too was the product of group lawmaking. Here is the abstract: The communicative intention of the legislature is the lodestar of statutory interpretation. But despite […]

Spend enough time around the insurance business, and you will hear some sweeping declarations about the people in it. All insurance defense attorneys overbill and overwork their files. Claims managers only care about paying as little as possible. All public adjusters cannot be trusted. Apparently, everybody has figured out everybody else’s motives, usually without having

Vasan Kesavan (Independent) has posted The Limits of Federal Judicial Removal (63 pages) on SSRN. Here is the abstract: Can a federal judge be removed from office without the cumbersome process of impeachment? For nearly a century, scholars have split into two camps: those who insist impeachment is the exclusive constitutional mechanism for removing judges, and […]

“Workplace accommodation policy? What’s that?”

This judgment given today highlights some dangers in sending "without prejudice" bills of costs at an early stage. The paying party can (understandably) be suspicious when a later bill comes at a lower figure. The reasons for this need not...

In Bozek v. Drongosky, 2026 ONSC 4245, the Ontario Superior Court of Justice considered the interpretation of the Will of ...

Quick answer: SB 574 contract review means following California's new attorney AI law whenever a lawyer uses generative AI to read, extract or draft contract terms. Under the enacted text of SB 574 , an attorney can't delegate the practice of law to AI. Confidential or personal data can only go into an AI system whose access is restricted to the attorney and authorized people, and AI output has to be verified and corrected. Governor Newsom signed the law on September 30, 2026, and it takes effec

Justice Alito titled his new "book," "So Ordered: An Originalist's View of the Constitution, the Court, and our Country." This project is not new, and it is not quite a "book." It is a compendium of previously given speeches reproduced in no particular order. Moreover, Justice Alito can, of course, call himself anything he wants, but his judging is not originalist in any meaningful sense of that

The U.S. Court of Appeals for the Third Circuit has issued a precedential opinion in docket No. 24-1719, signaling that the panel intended to provide guidance with value beyond the immediate dispute. Because a precedential designation means the decision is binding within the circuit absent en banc or Supreme Court review, practitioners should pay close...

Ed. Note: This is Part 2 of the adventure. Part 1 can be found here. Sheriff Roy Templeton snickered wildly at the latest Bridget Phetasy column in “The Spectator” when he heard a knock at the door of his residence. Mud Lick’s top law enforcement officer answered the door. It was as he expected. “The […]

Three days is a long time to wait to explain a religious objection. In this case, the wait came after the conflict, and that was enough to sink the accommodation claim. TL;DR: A Pennsylvania federal court dismissed, without prejudice, a spa employee’s Title VII and Pennsylvania Human Relations Act (PHRA) claims. She said she was […]

Tech Tips: Ben Schorr shows how legal professionals can personalize Microsoft Copilot, ChatGPT and Claude for clearer, more consistent assistance.

Hiring a first case manager is one of the biggest decisions a small personal injury firm makes. It is often the first time the two attorneys who built the practice hand off part of every case to someone else. What that person walks into on their first Monday decides whether they take work off the ... Read more

Future trainee and pupil talk it out

It is rare for a judicial review of a judicial decision to succeed. It succeeded here because the judge found that there was (among other things) a "frustration or corruption of the... judicial process". Essentially it is a decision about...

Valuing a mine that has been expropriated before it ever produced anything remains a hotly contested area of international investment arbitration. This issue has particular relevance to Australia: around 35 investor-State cases have been brought by Australian companies, either in their own names or through offshore subsidiaries, many of them in the mining sector, reflecting mining capital and expertise as one of the country's major exports. The challenges of valuing such assets and how experts a

Commentary on ‘AI and corporate responsibility’ generally concludes that businesses must understand the technology they deploy and mitigate its risk. This article reaches the same conclusion by a doctrinal route. It examines how EU competition law may apply to AI agents that interact - agents deployed by a business that communicate with the agents or systems of competitors - rather than to autonomous algorithms that align pricing without communication. At each stage, it considers what the case l

By Anne K. Walsh —

Learn how to prevent vendor cyber risk with vendors and the importance of putting the proper parameters into the contract. The post Prevent Vendor Cyber Risk By Making Your Contract the First Line of Defense first appeared on Today's General Counsel .

(This post originally ran Oct. 29, 2024, but has been updated with several transfers that have occurred since then.) In a prior post, we wrote about how the complaint identified by the Federal Circuit against Judge Pauline Newman should be transferred to another circuit for review and adjudication. Why is that? Because the judges you […]

On September 16, 2026, the SEC issued its much-anticipated proposal to rescind Rule 14a-8 under the Securities Exchange Act of 1934 (the “Exchange Act”), the shareholder proposal rule, in its entirety. If adopted, the proposal would eliminate the federal framework

Next week, the House of Lords will debate introducing a written constitution. This is also something that the Prime Minister, Andy Burnham, discussed over the summer. Lord (Jonathan) Sumption makes the case against the UK adopting a written, or codified, constitution. The first post in this series, making the case in favour of a codified […]

Third Circuit will benefit from latest research tying arms bans with comprehensive security.

Closing the Case By Julie Bays, OBA Management Assistance Program Director How many open client files does your law office have? More importantly, how many of those files should still […]

A categorial privilege log was not appropriate for a small number of documents according to Glaxo Grp. Ltd. v. Transpire Bio Inc., 2026 WL 30333478 (S.D. Fla. Oct. 9, 2026). The court wrote that: “The standard for testing the adequacy of the privilege log is whether, as to each document, it sets forth specific facts that, if credited, would suffice to establish each element of the privilege or immunity that is claimed.” Id. at *7 (emphasis in original).

On 17 September 2026, the European Data Protection Board (EDPB) published its final guidelines on the interplay between the General Data Protection Regulation (GDPR) and the Digital Services Act (DSA) (available here). While the GDPR regulates the processing of personal data, the DSA seeks to create a safer and more transparent online environment by imposing […]

You’ve been assigned a major task—your firm has put you in charge of conducting due diligence for an upcoming

Trigger warning: After warming up with some relatively pedestrian backstory, this column becomes a full-on festival of sarcasm. Richly deserved sarcasm, to be sure, but even by my standards, today is a lot. Proceed at your own risk.The Prizes from Norway and Sweden have now been handed out for 2026, and as everyone knows, the big news was that Donald Trump again did not win the Nobel

In a previous post, we looked into the parity gap between prosecutors and public defenders. That gap has opened up

Duane Morris Takeaway: This week’s episode features Duane Morris partner Jerry Maatman, senior associate Karla Mardueño, and associate George Schaller with their analysis of a major settlement approved in the Northern District of Illinois to resolve a shareholder derivative suit stemming from public corruption scandal. Check out today’s episode and subscribe to our show from your preferred … Continue reading "The Class Action Weekly Wire – Episode 169: Illinois Federal Court Approves $40 Million

The Ninth Circuit so held yesterday, reaffirming what it had said on a preliminary basis (in deciding on an injunction pending appeal) in April.

The Ninth Circuit recently reiterated that plaintiffs seeking class certification cannot show damages are susceptible to common proof by “[m]erely gesturing” at a damages model or “describing a general method” of calculating damages. That reminder comes from Heagney v. John Paul Mitchell Systems, No. 25-6818, 2026 WL 3017602 (9th Cir. Oct. 7, 2026), where a... Continue Reading

The Fifth Circuit’s most embarrassing try-hard can feel his shot at the Supreme Court slipping away. So he blogged about it.

Judge Diamond says Philadelphia District Attorney Larry Krasner's filing is "frivolous" and generates "more heat than light."

A stay of criminal proceedings ends an accused’s prosecution, but does it also prevent the Crown from seeking forfeiture of property allegedly connected to criminal activity? In R v Nguyen, 2026 SCC 10 [Nguyen], the Supreme Court of Canada (“SCC” or the “Court”) considered whether the Crown could pursue forfeiture after criminal proceedings were stayed […] Read more in khamwill 's latest article: <em>R v Nguyen</em>: Can Property Be Forfeited After a Stay of Proceedings?

A federal judge in Massachusetts recently granted an employer’s application for a preliminary injunction against its former executive employee, finding the company’s noncompete provisions enforceable under the Massachusetts Noncompetition Agreement Act (MNAA). This decision provides important guidance to employers pertaining to the enforceability of restrictive covenants under Massachusetts law.

As judicial misconduct complaints rise, a former federal judge reflects on a process designed to hold judges accountable while preserving judicial independence. The post A Fair and Impartial Judiciary Is Well Equipped to Handle Misconduct Complaints first appeared on Bolch Judicial Institute of Duke Law .

In the deportation case of Kofi Osei-Bonsu v Secretary of State for The Home Department [2026] EWCA Civ 1304, the Court of Appeal found that it was an error for a judge to go behind a factual concession by the Home Office without giving notice to the parties but that it was not material and […]

With subpoenas in the U.S. at a seven-year high, in-house counsel need a clear plan when one arrives. In the first installment of Beyond the Pleadings with Norris McLaughlin, P.A. for Today’s General Counsel , litigation attorneys Margaret Raymond-Flood, Esq. and Kim Weber share five practical steps counsel can take to assess risk, preserve information, and respond strategically. » Read More

H1 2026 deal terms show creditors becoming more aggressive in their liability management protections. Do you know what that

Former U.S. Attorney for the Northern District of Texas and Troutman Pepper Locke partner Paul Coggins spends his mornings writing legal thrillers before stepping into court to defend complex white-collar cases. With a new Cash McCahill novel hitting shelves and a securities-fraud trial on his docket, the veteran advocate reflects on decades of practice in Texas and why trial strategy and fiction writing draw on the same craft.

The world has witnessed many epic rivalries — Rome and Carthage, Ali and Frazier, Nebraska and Oklahoma, Godzilla and

October has always felt a bit like the beginning of the legal year to me. I opened the doors to my law office, fresh after graduating and passing the bar… The post You Can Be Good at This and Still Struggle first appeared on NCBarBlog .

[Editor’s Note: This article has been republished with permission. It was originally published October 14, 2026 on the Minerva26 Blog] A federal court in Michigan read a former sales rep’s […]

From Doe v. Sacred Heart Univ., Inc., decided last week by Bridgeport (Conn.) Superior Court Judge Robert Golger: The plaintiff,

In July 2022, I authored a blog post about a Ferrari F50 that was sitting in a U.S. Customs and Border Patrol warehouse in upstate New York while a federal court tried to sort out who owned it. I recently discovered that this famed Italian supercar is still sitting in that same warehouse. In this

Those who argue that Court reform *must* include expansion need to answer hard questions about the precedent it would set and the effects it would produce.

An email came across the other day from the libertarian think tank, the Cato Institute, inviting me to compete in an essay contest with some fairly significant financial prizes. Vision for Liberty Award Dear Mr. Greenfield, The Cato Institute is launching the Vision for Liberty Award, which will pay $50,000, $25,000, and $12,500 to the […]

A common, often damaging mistake made is treating risk assessment as a one-time exercise instead of an ongoing discipline. Meantime, explains Ram Vasudevan and Michel Sahyoun, the threats keep shifting.

I attended the NYPAA’s annual meeting at the TWA Hotel at JFK Airport last week with Chip Merlin, Javier Delgado, and the Northeast team’s newest member, Miguel Martinez. I always love visiting the time capsule that is TWA, and the two-day conference offered a strong range of programming covering some of the industry’s most pertinent

A recent lecture.

In a press release dated 11 September, the Belgian Competition Authority (BCA) announced that it had concluded its investigation into Live Nation's intended acquisition of Pukkelpop, one of Belgium's largest music festivals. 1 Founded in 1985 by its long-standing CEO Chokri Mahassine, Pukkelpop's proposed sale to Live Nation drew the attention of the Belgian Minister of Economic Affairs, who ordered the BCA to investigate.

Evidential flexibility allows the Home Office to ask an applicant to fill a gap in their evidence before making a decision, rather than refusing the application outright. The Home Office sets out the principle in several places: the general evidential flexibility guidance, which covers most routes, and route-specific guidance on partners and parents under Appendix […]

In a real-time, high-risk environment, general counsel must build proactive governance systems that ensure clear oversight, rapid escalation, and defensible records. The post Governing at the Speed of Risk: A Framework for General Counsel first appeared on Today's General Counsel .

Recent Delaware rulings show Caremark oversight claims face a high bar post-Marchand. Learn how proactive boards can effectively defend against litigation. The post Mitigating Caremark Liability and Protecting the Board Post-Marchand first appeared on Today's General Counsel .