Legal and legal-tech news, from the sourceA discounted price and a court-approved sale do not necessarily mean a clean slate. Before buying distressed cannabis assets, examine the sale order, lien treatment, potential liabilities, regulatory requirements, and closing deliverables. This buyer-focused guide explains what “free and clear” does—and does not—mean.
In the Virginia Lawyer, Justice Arthur Kelsey (Va. Supreme Court): The Timeless Foundations of the Rule of Law (75 Virginia Lawyer, no. 3, at 32–37 (2026)). From the introduction: The Rule of Law is an enduring yet elusive topic. Let me introduce my thoughts by quoting not from a famous jurist or legal scholar but […]
by Natasa Mavronicola The European Court of Human Rights’ Grand Chamber judgment in Yasak v. Türkiye has rightly attracted extensive discussion, with particular focus on its Article 7 dimension (see, e.g., here and here). In this post, I zoom in on the Article 3 finding in Yasak, which is significant in its own right. The […]
In anticipation of a flurry of last-minute and likely frivolous legal maneuvers, judges, election officials, and, in my view, reporters might find this short primer from the Election Law Program at the William & Mary Law School a useful resource.… Continue reading
The 2026 revision of the European Corporate Sustainability Due Diligence Directive (CSDDD) has removed one of its most contested provisions: Article 29(1) which had required Member States to introduce a civil liability regime for violations of the Directive’s human rights due diligence obligations. However, Member States should not deter from harnessing the advantages of private enforcement and provide for civil liability regardless of any legal obligation to do so. In addition, Member States sh
It wasn’t just the hypocrisy of using a family member to attack a candidate or nominee for office. That happened with Hegseth and RFK, Jr., and was roundly condemned by Trump and his MAGA faithful. Family is out of bounds, it was screamed. But as happens without shame these days, the tables turned and the […]
Jamie Spannhake | Support for menstruation and menopause does not mean lowering expectations. It means recognizing that people can be excellent at their jobs with flexibility in how they perform them.
An employee accused of misconduct can often name someone who supposedly got away with something similar. Employers should be prepared to explain why one employee receives different treatment than another, and good documentation can help. TL;DR: A sheriff’s office defeated a detective’s sex-discrimination claim without a trial, and a federal appeals court upheld the result. […]
This article explores recent GSTAT and High Court rulings that explain when differences between ITC claimed in GSTR-3B and credit reflected in GSTR-2A or GSTR-2B can lead to GST demand.
Digest on recent GSTAT rulings which explains when GST disputes involving ITC, audit findings, wrong declarations and taxability can attract Section 74 and when fraud or suppression cannot be presumed.
The decision of the U.S.-Mexico General Claims Commission in L.F.H. Neer and Pauline Neer (U.S.A.) v. United Mexican States turns 100 this month. Although States have been criticized for relying on Neer ’s definition of the minimum standard of treatment under international law, Neer remains a model for the Commission’s restrained exercise of its power to review the acts of a State. Thus Neer remains useful as guidance on arbitral approach, particularly in cases where the legal standards are uncl
Decisions by public authorities can have very different effects on different groups of people. The Public Sector Equality Duty requires public authorities, including the Home Office, to take those effects into account. The duty is found in section 149 of the Equality Act 2010, and it requires public authorities to have due regard to how […]
The court’s ability to validate a document which otherwise does not meet the formal requirements to be a testamentary document ...
Every personal injury case rests on facts the firm can defend: the date of the crash, the treatment that followed, and the bills that add up to the demand. AI can now summarize a stack of records or draft a demand in minutes. Whether that speed strengthens the case or quietly weakens it depends on ... Read more
Management financial participation can be a critical issue when a life science business enters a sale of business transaction. Bonuses and equity arrangements can affect deal economics, retention and the value of the company’s scientific and regulatory talent, making early, focused guidance essential. The right approach depends on the details of the business and transaction, and experienced counsel can help identify the issues before they become obstacles.... By: Haynes Boone
Many of you know me as a hockey dad. Away from the rink, I am a partner at Mandelbaum Barrett, where my practice focuses on business litigation. The recent Jersey Hitmen jacket dispute brings those two parts of my life together. It raises a question that matters to teams and businesses alike: how do you protect your rights while preserving the relationships your organization depends on?... By: Mandelbaum Barrett PC
Businesses selling subscriptions to UK consumers should prepare for operational changes ahead of the proposed 1 January 2027 implementation. Our Payments & Fintech Team explores who will be affected, the potential penalties for noncompliance, and what businesses should do now to prepare.... By: Alston & Bird
Legal industry reports help attorneys make better career choices. They offer details about pay, law firms, career paths, and market trends. Additionally, they help lawyers understand changes in the legal job market. However, reports cannot predict who will get hired. They also cannot promise higher pay or better career options. Therefore, attorneys should use reports […] The post How Attorneys Can Use Legal Industry Reports in a Job Search first appeared on JDJournal Blog .
Above the Law: “It’s been a rough couple of years at the Justice Department. On her first day in office, then-Attorney General Pam Bondi made declining to sign a brief a fireable offense. Later, rather than stop asking her lawyers to do things that could get them disciplined, she tried to take over bar discipline ...
October 1 is the International Day of Older Persons. The day honors what older people contribute to society. It also draws attention to age discrimination. So, is an employee close to retirement treated unfairly because of her age if her employer offers her a workspace next to trainees?
British Columbia employers with fifty or more employees are fast approaching their first reporting deadline under the province’s Pay Transparency Act . Employers that had fifty or more employees on January 1, 2026, must prepare and publish their first pay transparency reports on or before November 1, 2026. This is the final phase of a reporting regime that began in 2024 with the province’s largest employers.
This update summarises the key findings and regulatory expectations set out in the SFC’s October Circular and considers their implications
With increasingly challenging macroeconomics and geopolitical headwinds, many companies are finding that their existing capital structure, negotiated in more benign times, no longer fits the business it was meant to support. However, gaps within that capital structure may allow the company to reshape its financing arrangements to access further liquidity. This is when liability management comes into play.... By: Mayer Brown
In many life sciences sales, especially of earlier-stage companies, the buyer pays a modest amount at closing. The rest comes only if the asset succeeds, through development, regulatory and sales milestones, and sometimes through royalties on future sales. How much of the headline value is contingent varies widely. In the life sciences sales I have advised on, it has ranged from under half to more than 90 percent, measured as the share of upfront plus potential milestone payments that is payable
I predicted this morning that the DOJ’s request for the federal court to rule on its TRO motion by noon today (rather than to wait for the already set hearing on October 27) would lead it to attempt to leapfrog … Continue reading
A Medicaid audit can lead to a Medicaid fraud investigation in various circumstances. Federal authorities target health care providers suspected of intentional billing fraud and other statutory violations, and Medicaid billing fraud allegations can lead to civil or criminal charges under multiple federal laws. For those facing allegations of Medicaid provider fraud, executing a proactive and strategic defense is critical for avoiding steep civil or criminal penalties.... By: Oberheiden P.C.
Law students pursuing litigation careers can improve their job prospects by developing practical legal skills before graduation. Legal clinics, internships, writing samples, and advocacy activities help students demonstrate their readiness for legal practice. Law firms look beyond academic performance when evaluating candidates. They also consider research abilities, communication skills, professionalism, and relevant experience. Therefore, students […]
It was an invigorating conference at Horizons: Perspectives on Psychedelics, October 15–17, 2026, in New York, which featured important views on the health care industry, federal agency preparation for psychedelic drug regulation, reimbursement, and incorporating psychedelics into patient care protocols. This post shares insights that the Epstein Becker Green team took away from sitting in on these discussions.
Pro Bono Doesn’t Have to Mean Taking Another Case By Julie Bays, OBA Management Assistance Program Director October 25–31 is the ABA’s National Celebration of Pro Bono, a time to […]
As the 2026 midterm elections approach, employers may have questions about whether (and how) they can support candidates or political positions. This FAQ addresses common questions about company political activity, communications with employees, mandatory political meetings, and political contributions.... By: Fisher Phillips
From N.Y. State Div. of Hum. Rts. V. D. Auxilly NYC LLC, decided today by New York appellate judges Sallie
This is the sort of animus to religion that led to defeats in Fulton and Masterpiece Cakeshop.
"Networking isn't necessarily the problem. The problem is confusing making connections with building relationships."... By: JD Supra Perspectives
It appears to be the responsible choice. Encouraged by their adult children to plan ahead, parents agree to establish a revocable trust and name one child to serve as trustee after they are gone, perhaps: the child who lives closest, the one who works in finance, or, in many families, simply the eldest.... By: Offit Kurman
If you were injured in an accident in Florida, protecting your legal rights should be among your top priorities. Learn what to do (and what not to do) from an experienced Florida personal injury lawyer:... By: Searcy Denney Scarola Barnhart & Shipley
Jerry Goldfeder writes.
When an employment relationship sours, the company’s performance management process can be a dangerous smoking gun—or its best defense.... By: Sullivan & Worcester
Every TCPA defense lawyer has had the same conversation with a client who’s just been sued alongside their own subsidiary. The client says something alone the lines of “but we didn’t make any calls, our subsidiary did.”... By: Troutman Amin LLP
An SEC formal order of investigation is an order authorizing the Securities and Exchange Commission’s Enforcement staff to conduct a formal investigation and, when authorized, exercise subpoena powers.... By: The Law Firm of David R. Chase P.A.
No physician expects to receive a letter from a patient’s lawyer putting a physician on notice of an alleged medical malpractice claim. But it happens, and when it does, the steps you take immediately afterward matter more than most physicians realize. The single most important thing you can do is notify your malpractice insurance carrier right away, ideally immediately upon receiving the letter.... By: Ward and Smith, P.A.
Artificial intelligence tools are great for collating information – including information about the people and things you want to get to know better.
Companies with employees who are work authorized pursuant to Temporary Protected Status (TPS) are facing an unusual compliance problem. The TPS designations for El Salvador (scheduled to end September 9, 2026) and for Sudan and Ukraine (scheduled to end October 19, 2026) have passed their expiration dates without a Federal Register notice either extending or terminating them.... By: Keating Muething & Klekamp PLL
On July 30, 2026, the Illinois Appellate Court, First District, issued a Rule 23 opinion in Marchi v. Centrust Bank, N.A., 2026 IL App (1st) 231476-U,1 affirming a trial court’s finding that a secured lender’s private UCC Article 9 sale of a borrower’s assets was not commercially reasonable.... By: Thompson Coburn LLP
In America, when a person dies, a life’s entire business gets taken over by what the law calls “a fiduciary.” The legal term itself, roots from the Latin, “fides”, meaning trustworthiness, loyalty, reliability, faithfulness.... By: Offit Kurman
On September 17, 2026, the SEC issued a five-year exemptive order—the “Innovation Exemption”—which allows certain trading platforms called tokenized securities venues (“TSVs”) that use blockchain technology to trade tokenized versions of exchange-listed, national market system (“NMS”) stocks.... By: Keating Muething & Klekamp PLL
As governments increasingly focus on cloud security and sovereignty, the European Commission (“EC”) is, through its proposal for a Cloud and AI Development Act (“CADA Proposal”), attempting to create a regime establishing “sovereignty” requirements on cloud computing service providers that can be procured by the public sector. In our prior blog post, we discussed the... Continue Reading
Sports lawyers should shield an athlete from pursuing short-term objectives as opposed to those with the potential to provide more long-term benefits.
Contaminants Compass is a monthly newsletter that provides updates, legal observations and actionable tips to navigate the evolving legal challenges of per- and polyfluoroalkyl substances (PFAS) and similar chemicals and products.... By: McGuireWoods LLP
New York is close to tightening its PFAS drinking water limits and companies with any PFAS history should begin evaluating their potential exposure now. Recently, the legislature passed a bill that would reduce the state’s maximum contaminant levels (MCLs) for PFOA and PFOS from 10 parts per trillion (ppt) to 4 ppt.... By: MG+M The Law Firm
On October 1, 2026, significant amendments to the District of Columbia’s Paid Family Leave (“PFL”) program took effect as part of the Fiscal Year 2027 Budget Support Act of 2026. While the changes do not alter employer contribution requirements or core compliance obligations, they do reduce the amount of leave available for certain types of claims and lower the maximum weekly benefit available to employees.... By: Conn Maciel Carey LLP
A common problem in New York workers’ compensation is the question of whether or not coverage exists. Although this seems straightforward on its face, not all policies spell this out to the satisfaction of the New York Workers’ Compensation Board or the Appellate Division.... By: Goldberg Segalla
AI is a promising tool with the potential to transform the legal industry. Despite publicized misuse, Courts have acknowledged that “AI, in many ways, has the potential to revolutionize legal practice for the better.” Much has been written and discussed about attorneys using AI. Here we look at how it may be used...... By: Haug Partners LLP
Learning AI can seem like standing outside a dungeon while everyone else knows the way through. You can learn the game one encounter at a time.
From Judge Kenneth Bell (W.D.N.C.) today in Global Plasma Solutions, Inc. v. Elsevier Ltd Inc.: In this action, now spanning
As set forth at length in prior blogs in my manufactured home community series, the Manufactured Home Community Rights Act (“MHCRA”) prohibits eviction based on rules violations if the rules that the resident is alleged to have violated are inconsistently applied or enforced. A resident could defend against eviction by arguing that management selectively enforces the rule, tolerates the same conduct by others, or provides others leeway that was not provided to the resident being evicted.... By:
2026 has been the year the SFC moved from warning sponsors to measuring them. Here is what changed, what two recent cases teach, and what sponsors should do now.... By: Hogan Lovells Cadwalader
Years ago, I worked at a law firm that wasn’t a good fit for me. While I was there, I introduced a financial advisor to the firm’s most successful partner, who had a thriving tax certiorari practice. The partner hired him, and I also referred one of my defined benefit plan clients to the advisor. It was a relationship that benefited everyone.... By: Ary Rosenbaum - The Rosenbaum Law Firm P.C.
[This post was co-authored with Professor Seth Barrett Tillman.] There have been many news reports suggesting that the United States
Election Day is Tuesday, November 3, 2026, but California employers have an earlier deadline: Saturday, October 24, 2026, to post the required voting leave notice. Employers should ensure their managers, supervisors and Human Resources teams understand the eligibility, scheduling, and pay requirements for voting leave.... By: Stokes Wagner
Last year, Assembly Bill 692 limited the use of “stay or pay” contracts by California employers. These contracts typically pay a signing bonus or an amount for education or training and require the employee to work for a specific period of time over which the bonus or training payment is earned and require the employee to return some or all or some of the bonus or training amount if the employee fails to complete that period of employment.... By: Ervin Cohen & Jessup LLP
The “group libel” doctrine addresses whether a member of a group can satisfy the “of and concerning” element when the defamatory statement targets an entire group rather than any named individual. Traditionally, courts rejected such claims unless the group was very small.... By: Benesch
When does a creative title become a trademark (or not)? In today’s entertainment industry, a title rarely stays in its lane. An album becomes a tour, a tour becomes a merchandising platform, and a creative identity evolves into a commercial brand. As creative works increasingly expand into broader commercial ecosystems, courts are more frequently asked to determine whether a designation functions as protected expression, a trademark or both.... By: BakerHostetler
As the year comes to an end, Compliance Officers across the health care industry are finalizing their 2027 Work Plans. A well-constructed Work Plan is more than an administrative exercise. It provides a roadmap that directs limited compliance resources toward the greatest areas of risk, demonstrates to regulators and enforcement agencies that the organization takes its obligations seriously, and gives leadership and the board a clear picture of how the compliance program functions.... By: Shumak
The U.S. Food and Drug Administration's human drug enforcement program is substantially larger, broader in scope, and more centralized than it was two years ago. Moreover, the composition of enforcement activity has shifted in ways that should prompt pharmaceutical manufacturers to reassess their compliance risks.... By: Hogan Lovells Cadwalader
New York City may soon become the most aggressive consumer-protection jurisdiction in the country, and enforcement would come through private lawsuits rather than through a regulator.... By: Troutman Pepper Locke
Knowing about asbestos matters for landowners in California. Asbestos, found in many older buildings, can cause serious health issues if not managed properly.... By: J.S. Held
Owen Newman and Justin Li co-authored the Construction Executive article “Design Liability: When Choice of Law Really Matters,” where they examine the difference that choice of law can make when designs turn out to be defective or deficient, and exposure starts to cascade. Comparison between the United States and the UK, which start from different … Continue reading "Design Liability: When Choice of Law Really Matters"
When a regulator asks what your fee disclosure said last March, or opposing counsel disputes what a product page promised, someone on the team usually opens the Wayback Machine first. It is free and goes back to 1996, so it often has a snapshot close to the date in question.... By: Hanzo
Each year, Take the Fifth blog compiles and analyzes key statistics from the opinions issued by the U.S. Court of Appeals for the Fifth Circuit. While the Fifth Circuit itself compiles and releases statistics on a July-to-June period, we run our analysis on an October-to-September period to coincide with the U.S. Supreme Court’s term, and also try to capture different and more granular forms of data. Following are a few of Take the Fifth’s observations from the October 1, 2025, through September
Business valuations can shape decisions with serious consequences — what a company sells for, what a court awards, what an estate owes. The number itself is only as reliable as the person who produced it and the reputation of that person’s firm. Five factors distinguish a valuation that will hold up from one that will not.... By: IR Global
A crisis that initially appears local can quickly become a cross-border legal, regulatory, and reputational challenge. A problematic third-party payment, a detained import shipment, a whistleblower complaint, an NGO report, or a wire transfer that touches the U.S. financial system can turn a local issue into a US federal matter within weeks...... By: Guidepost Solutions LLC
For decades, California’s Private Attorneys’ General Act (PAGA) proved to be one of the largest litigation threats to retailers operating in the state, creating massive penalty exposure for what had been routine storewide retail pay practices. Thanks to legislative reforms in 2024, PAGA now offers employers various opportunities to reduce or eliminate that risk. But are retailers taking full advantage of these new mitigation pathways? We explore the issues below and provide practical steps you..
In-house legal hiring, from the people doing it: 116 legal leaders on lean teams, curiosity, and why networks beat recruiters about four to one. [...]
Funding a revocable trust is what makes it work, because under New York law, a trust controls only the assets actually transferred into it. Knowing how to fund a revocable trust means handling each asset correctly, from recording a deed to transfer a house to the trust to executing bills of sales or assignments for personal property.... By: Lippes Mathias LLP
The holiday season is a time for celebration, but for emerging brands, it can also be a season of costly legal oversights.... By: Ashurst Perkins Coie
The rules-based work product doctrine surprisingly has as many – if not more – nuances than the primarily common law-based attorney client privilege. Just the seemingly simple “anticipation” of litigation requirement can involve several subtle issues.... By: McGuireWoods LLP
Following a Delaware flip, founders need to consider how the new U.S. parent company will use equity to attract and retain talent across borders. That means choosing a plan structure that supports the company’s hiring ambitions while accommodating the different tax and legal requirements applicable to its workforce.... By: Pillsbury - Propel
Companies who have taken great care to ensure their employees sign binding arbitration agreements as a condition of employment are facing a new obstacle to enforceability: the Ending of Forced Arbitration Act (EFAA). The 2022 amendment to the Federal Arbitration Act has resulted in a substantial increase in sexual harassment causes of action within employment-related suits and caught some employers who believed they had airtight arbitration agreements off guard.... By: Gordon Rees Scully Mansukh
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.... By: Pillsbury - Policyholder Pulse blog
Opinion: Other states should copy NC’s model labor policy Alexander MacDonald says North Carolina’s right-to-work and public-sector bargaining policies protect worker choice, so other states should reject sectoral bargaining. The Wake Weekly View mfelling@littler.com Thu, 10/22/2026 - 10:19
We recently hosted a webinar titled “DEA Enforcement in a Changing Cannabis Landscape, Rescheduling Hemp, and What Comes Next”. We had just one hour to cover topics that could easily fill several hours of discussion. Unsurprisingly, the chat was buzzing with questions, and we were unable to get to all of them. This post addresses
Defendants failed to timely assert privilege. Plaintiff claimed waiver. However, because Defendants’ insurance company denied coverage of litigation costs at the time when review of 700,000 documents was to commence, a court held that privilege was not waived by the failure to make a timely objection. Instead, the court ordered production of a privilege log.
Rethinking Pro Bono work, technology stress, The Status of AI in law practice, AI in Cybersecurity, and Tips for using a laptop touchpad https://conta.cc/47sR3HN
Legal department value, measured the way CEOs think: BarkerGilmore on KPIs that tie legal work to time saved, revenue and risk avoided. [...]
Studios are patenting gameplay mechanics. Learn how patents affect genres, modding, and indie developers — and how to protect and defend your game.
At Law & Liberty, Zachary Chambers: The Modernist Case for Originalism. From the introduction: Originalism’s position seems unassailable, with both a majority of Supreme Court justices pledging fidelity to some variant of the theory, and tremendous institutional backing within the conservative legal world through institutions like the Federalist Society Despite this dominance, a number of […]
Committee staff begin forming judgments about a company and its counsel well before a subpoena, deposition, or hearing. A lengthy response is not always a persuasive one. Staff is usually trying to answer specific factual questions, and a submission that avoids them can generate more scrutiny.... By: Holtzman Vogel Baran Torchinsky & Josefiak
“Bonus 258: Book Deals and 28 U.S.C. § 2109; The underlying dispute in BMG Rights Management v. Vetter was about a 1962 song; The real lessons are about the Court’s quorum rules — and the mischief caused by the justices’ (many) book deals.” Steve Vladeck has this post at his “One First” Substack site.
One of the most distinctive and material securities class action lawsuit filing trends this year has been the massive recent surge of artificial intelligence (AI)-related securities suit filings. Sure, there have been AI-related securities suit filings before, but this year the numbers of these kinds of lawsuits have spiked. In the latest illustration of this... Continue Reading
From Knife Rights, Inc. v. Blanche, decided yesterday by Fifth Circuit Judge Jennifer Walker Elrod, joined by Judges Don Willett
Yesterday, in “Behind State Farm’s Claims Curtain: Who Is Really Managing Your Insurance Claim?”, I introduced readers to internal State Farm documents made public in an Oklahoma bad faith lawsuit. I promised we would look more closely at what those documents reveal about the management of claims adjusters and the corporate goals established for the claims
The Minnesota Court of Appeals just upheld the order.
There is one sentence in Fuld v. PLO (2025) that has always bothered me: that “The Constitution confers upon the Federal Government—and it alone—both nationwide and extraterritorial authority.” This statement is demonstrably wrong, so much so that I was easily convinced by colleagues that it did not need direct refutation. And yet that sentence has
Corporate law and antitrust law are generally understood to occupy distinct domains within the legal landscape. Corporate law primarily looks inward, governing how authority is allocated within the firm. Antitrust primarily looks outward, policing rivalry among firms in the marketplace. That division rests on a plausible premise: Governance arrangements may shape how a corporation is […]
A copyright dispute over a 1962 song offers some troubling, broader lessons about the Court’s quorum rules and the mischief caused by the justices’ book deals.
That the president and his administration maintains a tenuous relationship with the media is not a bad thing. The press isn’t supposed to be his propaganda outlet, and the media challenging, and sometimes attacking, the government by publishing articles that call his integrity, veracity and propriety into question is pretty much the point. Whether you […]
Eric S. Fish, Deportation in the Deep State, __ Stan. L. Rev. __ (forthcoming), available at SSRN (Apr. 11, 2026). Christopher Walker At the end of the Term in Trump v. Slaughter, the Supreme Court overruled Humphrey’s Executor—the bedrock precedent that upheld statutory limitations on the President’s removal power over leaders of so-called independent agencies. The formal logic of this unitary executive theory, some have argued, could apply to any other government official who exercises even a
Conservatives have more to offer the cause of freedom than the defunct paradigm of postwar liberalism.
A company retreat ended with coworkers pulling a man off an employee he sexually assaulted. The company kept him. TL;DR: An employer won a federal case alleging harassment and a firing in retaliation for reporting an assault. The harassment claim was filed too late, and records supported the company’s reasons for firing the employee. The […]
A preservation issue rarely begins with a courtroom motion. More often, it starts with an ordinary business event: a departing employee, an expiring...
David Freeman | The lawyers who become rainmakers are not necessarily the ones who spend the most time on BD. They are the ones who keep doing it when everyone else gets busy.
The current debate on artificial intelligence (“AI”) risks in international arbitration has focused mostly on the good-faith use of AI and its human, technical and legal limitations. Much of that debate has concerned well-explored topics such as confidentiality or award enforceability . The rising threat of adversarial techniques by a bad-faith actor in the proceedings remains comparatively underexplored.
A failed FRAND negotiation does not end when the parties leave the room. By then they have exchanged claim charts, discussed comparable licenses and moved some distance from their opening positions. One of them may have declined a proposal made by a neutral. Litigation resumes, and a question nobody asked at the outset becomes pressing: what, precisely, travels with them into the next forum? The answer may matter as much as the royalty calculation.
By Ismail Jibril Esq DL, LLB, BL, LLM, (PhD- in-view) (Dispute Resolution Specialist) Abstract On 26 June 2026 the Chief Judge of the Federal High Court issued the Federal High Court (Pre-Election) Practice Directions, 2026, effective from 29 June 2026, repealing the 2022 Directions. This article examines the provisions of the new practice direction that […]
by Samanvi Narang* and Maitry Pandit**
With the November 3, 2026, general election approaching, California employers have an important compliance deadline. Under California Elections Code section 14001, employers must post a notice informing employees of their right to take time off to vote at least 10 days before a statewide election.... By: CDF Labor Law LLP
New York should update its guidance to address unintended tax consequences on common trust and LLC structures. In the meantime, here’s what to do.... By: Farrell Fritz, P.C.
For many construction businesses, benefits decisions are made the same way projects are managed: quickly, practically, and by the people who are closest to the work and the budget. That approach can work, until a different question comes up: How did you decide that was the right decision?... By: Saul Ewing LLP
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
Moving from a law firm to a company can open new career paths. However, attorneys need more than legal skills to make the switch. They also need business knowledge, good judgment, and clear communication. In-house lawyers work directly with companies. They review contracts, manage risks, and help leaders make decisions. Therefore, attorneys should learn what […] The post Your Powerful Guide to In-House Legal Careers first appeared on JDJournal Blog .
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
Originally Posted on Substack Originally published as Daniel J. Solove The AI Inference Problem in Privacy Law, Wolters Kluwer Cybersecurity Policy Report (Oct. 19, 2026) You can download a PDF of the piece here: Abstract AI provides an unprecedented ability to determine patterns in aggregated data which can produce inferences about people. There are two […]
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.
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.
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
Every personal injury firm feels the strain before anyone gives it a name. The records requests go out a little later, and the paralegal who always knew where everything stood starts staying past six. What the firm does next, hire or change how the work runs, decides whether that strain eases or moves to a ... Read more
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 .
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 .
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
Recent EU digital and information law initiatives greatly rely on industry participation and knowledge to translate legal obligations into an actionable and acceptable compliance framework. The distinctive Article 101 TFEU concern raised by examples of the GDPR, but even more
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
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
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
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....
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
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
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 ...
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.
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
Six years ago, I wrote a blog entry about possible changes to Canada’s medical assistance in dying (“MAID”) regime, including ...
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 .
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.
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 […]
Question: I am the sole owner of a general practice firm in Indianapolis, Indiana. I have been in practice for 45 years and I am the only lawyer in the firm. I have a receptionist and a paralegal that also serves as my office manager and bookkeeper. I have tried hiring associates over the years,...
The employer thought it had caught an employee lying in an EEOC charge. Then it put that conclusion in the termination notice. That second decision cost considerably more than the first. TL;DR: An employer fired a detention deputy after concluding that he made false statements in an EEOC charge. A jury awarded him $250,000 for […]
**Shekhar Patil Can a creditor manufacture its own way for filing the insolvency petition? This is precisely the issue the NCLAT addressed in M/S. Shivani Enterprises v. M/S. S Square Cargo Movers Private Limited [Company Appeal (AT) (Insolvency) No. 463 of 2026, NCLAT, Principal Bench, New Delhi, decided 17th April 2026; reported at (2026) ibclaw.in […]
Learn what a contract expiration date means, how it's determined, what happens once a contract expires, and how to avoid missing one.
What is a contract amendment, and how do you draft one correctly? Includes sample amendment language, when a formal amendment is legally required, and common mistakes.
If we introduce AI before questioning the work, the owner, the process, and where judgment belongs, we may build a remarkably sophisticated system for solving the wrong problem.
My blogs in 2026 have examined cases where tax authorities’ requests for information, either for their own investigations or in connection with exchanges with other authorities, have been contested before courts: “Foreseeably relevant” information or a “fishing expedition” in a transfer pricing case? June 22, 2026 , Privacy and tax information powers June 1, 2026 , Mutual Administrative Assistance in Tax Matters: Limits on Assistance January 21, 2026 . These cases have raised issues of fundament
Over the summer, the European Commission published some frequently asked questions (FAQs) on the European Pay Transparency Directive. By way of reminder, the Directive had to be transposed into national law by 7 June of this year, but only a few Member States met this deadline. Are the 13 pages of FAQs worth your time?...... Continue Reading
By Basil Saen As reported earlier on this blog, the European Court of Human Rights (ECtHR or the Court) issued an interesting Grand Chamber judgment in Yasak v. Türkiye on 5 May 2026. This case sits in the context of mass prosecutions and convictions of alleged members of the ‘Fetullahist Terrorist Organisation/Parallel State Structure’ (the […]
This article by Shannon Talamo was originally published in the Summer 2026 issue of The Federal Lawyer. It’s confession time....
Lizzo’s touring company swept every remaining claim from a former wardrobe assistant’s lawsuit off the stage. The celebrity headline masks an evidence lesson. TL;DR: A federal court granted summary judgment to Lizzo’s touring company on seven employment claims. Some alleged conduct was inappropriate, but the evidence did not establish unlawful harassment, an ADA disability, or […]
Everyone tells law firm owners to focus on the highest-value work. But what happens to everything you stop paying attention to?
Here is a hypothetical: OilCo A and OilCo B each acquire oil and gas leases from mineral owners holding undivided interests in Blackacre. The two companies are unable to agree on a joint operating agreement. OilCo A drills and completes wells, and OilCo B becomes a non-consenting cotenant, entitled to its share of net profit […]
Leaving to the whims of individual justices the fate of their papers is a recipe for inconsistency and obscurity for records with significant historical value.
For almost a decade, the European Union’s (EU) single-entry ODR platform had been a global reference point for online dispute resolution (ODR) frameworks as one of the earliest attempts at a centralised, multi-lingual cross-border ODR platform. Operational since 2016, the platform efficiently provided specialist services for disputes arising from cross-border online purchases or services for consumers and traders within the Union. However, by late 2024 , the Council of the EU acknowledged that t
Look closely at six major sovereign debt restructuring cases of the past five years, namely those involving Zambia, Ghana, Sri Lanka, Ukraine, Suriname, and Ethiopia, and you see something curious. Each involved mutually suspicious creditor blocs, a government in or near fiscal collapse, an International Monetary Fund (IMF) programme casting a long shadow, and millions of citizens whose welfare depended on the speed and quality of the deal. Each resembled, in everything but its formal label, a m
As we discussed in our previous blog, the Trump administration’s August 6, 2026 executive orders were not genuine efforts to comply with the Supreme Court’s decision in Trump v. Barbara. They were an attempt to keep attacking birthright citizenship by changing the labels. The U.S. District Court for the District of Maryland in Casa v. […] The post A Maryland Court Blocks Trump’s Latest End-Run Around Birthright Citizenship first appeared on The Insightful Immigration Blog .
A China trademark registration and an NNN Agreement protect different assets against different parties. Most branded manufacturing projects need both, but each has its own deadline.
Honest Greens Barcelona, S.A.U. v. Poky’s LLC, 2026 WL 2593358, No. 4:24-cv-07023-JD (D.S.C. Sept. 2, 2026) Honest Greens operates restaurants in Spain and Portugal under the HONEST GREENS name and related marks; it owns registrations for HONEST GREENS in several foreign jurisdictions, and allegedly developed substantial goodwill through restaurant operations, advertising, digital platforms, and
The cost of a divorce can vary widely, but a constructive and strategic approach can help to minimize the financial burden.
Legal billing guidelines provide an essential baseline for invoice review, but they cannot account for every negotiated rate, fee arrangement or matter-specific exception. Accurate legal invoice review requires both the general guidelines and the engagement terms that apply to the individual matter. The distinction matters because billing guidelines establish the department’s policy, while engagement documents ... Read more »
The following article is by Janet Stanton, Partner, Adam Smith, Esq. LLC. Our industry is awash with really smart people. You kinda have to be to get into and through a top law school. Then, why is there such a paucity of creative thinking in Law Land? After pondering this, I posited that being smart […]
The Court’s latest misadventure offers important lessons about two justices, the Court’s procedures, and its responsiveness to certain types of criticism.
An arbitration agreement usually decides where an employment dispute will be heard. In this case, evidence uncovered during arbitration opened the door to court instead. TL;DR: A former executive began arbitrating national-origin and domestic-violence-victim claims. After withdrawing over allegedly late arbitration fees, she filed in court and relied on evidence obtained during and after arbitration […]
It’s the tail end of summer, the cusp of back to school season. Every time one lawyer meets another they must ask the obligatory question: ‘Have you managed to have a break yet?’ Some say ‘Yes’, before going on to make the questioner sick with jealousy, but more often than is entirely healthy the answer […]
Question: I am the managing partner of a ten lawyer firm in Kansas City, Missouri. There are five partners and five associates in the firm. We are an insurance defense firm and our clients are a handful of insurance companies. Our cases are primarily slip and fall, premises liability, and auto accident cases. I have...
This blog is not intended to provide individualized or state-specific legal advice. Each state’s family laws differ and you should consult a licensed attorney in the state where you live for specific legal advice regarding your particular situation. Whether you are the spouse eagerly running to the courthouse, or the spouse who has been unexpectedly served with divorce papers, here are the 'Top 5 Mistakes to Avoid' during the divorce process: 1. Don’t Disparage Your Spouse Don’t disparage your s
Explore how improvisation can transform good contract negotiators into exceptional ones.
A recent decision from the U.S. Court of Appeals for the First Circuit provides an important reminder that an employer’s exposure to a retaliation claim can arise even after it has already made a lawful decision to terminate an employee. In Russo v. New Hampshire Neurospine Institute, P.A. , No. 25-1519 (1st Cir. Aug. 25, 2026), the First Circuit affirmed summary judgment for an employer on an employee’s sex discrimination claim, but reinstated her retaliation claim. The court concluded that, al
By Julie Bays Every law office has procedures. The question is whether they are written down or stored inside the heads of the lawyer and a few long-time staff members. […]
As a lawyer who regularly serves as a Title IX attorney-advisor to students and faculty at Ivy League, elite, and other highly respected colleges and universities both in New York – Columbia, Barnard, NYU, Cornell, Fordham, Pratt, Binghamton – and in many other states, I am well aware of how difficult it is for both […]
AI Didn't Replace Lawyers. It Gave Us the 48-Page Contract. In 1972, two lawyers a few years out of school opened a storefront office in Van Nuys and called it the Legal Clinic of Jacoby and Meyers. Leonard Jacoby and Stephen Meyers were going after the large group of people who earned too much to
Protected leave can be approved on paper and penalized in a spreadsheet. A federal judge just allowed fourteen employment claims to proceed over an allegedly leave-blind performance system. TL;DR: An employee alleged that her employer’s utilization formula, staffing practices, and peer comparisons depressed the performance ratings of employees who took protected parental, pregnancy, or pregnancy-disability […]
As cyber incidents become more costly and complex, organisations are facing increasing exposure to personal data claims, mass actions and contractual disputes. We explore the key litigation trends, emerging risks and practical considerations shaping the UK data breach claims landscape. Read our briefing here
Morake v. Mwanyenyeka, No. 2:26-cv-02795-JLS-AS, 2026 WL 2548629 (C.D. Cal. Aug. 28, 2026) Noted because, well, it’s an unusually bad claim. Morake is the creator and original performer of “Nants’ingonyama bagithi Baba,” the opening chant from Disney’s The Lion King. Mwanyenyeka is a “comedian and content creator” who appeared on a podcast, where he asserted that “Nants’ingonyama bagithi Baba”
By: Andrew L. Scroggins, Samantha L. Brooks, and Christopher J. DeGroff Seyfarth Synopsis: The EEOC has officially adopted its Strategic Plan for Fiscal Years 2026–2030, replacing the prior Strategic Plan and establishing the institutional framework that will guide the agency’s enforcement, outreach, and internal operations through the end of the decade. While the Strategic Plan... Continue Reading
Megan Decadi explores how everyday legal transactions can unintentionally affect a married client’s separate property rights
The justices have never been asked to apply the “Purcell principle” to a federal election rule. If asked to do so in the mail-in ballots cases, they shouldn't.
He claimed that when he told his employer he had cancer, his boss reacted by saying, “Are you f*****g kidding me? Your obligations are here.” As it turned out, the diagnosis was wrong. That did not spare his employer from facing an ADA trial. TL;DR: An employee told his employer that he had cancer and […]
Emmerich Newspapers, Inc. v. Particle Media, Inc., No. 25-60550 (5th Cir. Aug. 27, 2026) This is being reported as creating a split with the 9th Circuit; I don’t think that’s right in practice. As far as I can tell, the 9th Circuit says that public display is made by the server that transmits the display, while the 5th Circuit says that public display is made by the server that transmits the
Although reimbursement remains an equitable doctrine, the revised statutory framework provides more clarity regarding the elements required to prove reimbursement claims and how to value them.
Her job was tracking employee attendance. Unfortunately, someone was tracking hers, too. TL;DR: A federal appeals court upheld summary judgment for an employer after an HR employee alleged discrimination, retaliation, and a hostile work environment. Documented attendance problems, incomplete work, and internal investigations helped defeat her claims. 📄 Read the court’s decision A Job Fair, […]