ABA

News & Analysis as of

Practical and Ethical Considerations in Confessing Error on Appeal

A new client calls and hires you to uphold on appeal the splendid order its trial counsel obtained in its favor. You eagerly read the order but quickly realize, to your horror, that the trial judge got it wrong. What should...more

What to Do if You Receive a Subpoena for Documents From the US Department of Justice

Receiving an unexpected Department of Justice (“DOJ”) subpoena for documents and testimony is a jarring experience for anyone in Government contracting. But more and more contractors may receive such subpoenas as the...more

ABA Antitrust Spring Meeting Highlight: “Antitrust & Health Care: Square Peg in a Round Hole?”

In this month’s American Bar Association (ABA) Section of Antitrust Law Spring Meeting, the program “Antitrust & Health Care: Square Peg in a Round Hole?” featured debate and discussion about antitrust law treatment of health...more

ABA Working Group on NAD Process: Make It Even Better

An American Bar Association working group last week issued its report reviewing and suggesting improvements to the advertising industry's self-regulatory adjudication system. The 52-page report, "Self-Regulation of...more

ABA Petitions FCC To Allow Security And Fraud Alerts To Customers Without Consent

On October 14, the ABA submitted a petition to the FCC requesting that it exercise its statutory authority to allow financial institutions to send consumers certain security and fraud alerts without the consumers’ prior...more

How and Why I Went for It

In August, I assumed the role of Chair of the American Bar Association Section of Litigation. With 400,000 members, the ABA is the largest volunteer professional association in the world, and the Section is the largest ABA...more

Perspectives from the Federal Antitrust Enforcement Agencies

The Antitrust in Health Care conference took place May 13 to 14, 2014, in Arlington, Virginia, where a number of the speakers were representatives of the Federal Trade Commission (FTC) or the Antitrust Division of the U.S....more

Real Estate Tip – Commercial Purchase & Sale Agreements: The Basics Meet Today’s Market

A recent American Bar Association article brought to light issues regarding purchase and sale agreements in the context of a fast-moving, modern market place. Distilled from their discussions are the following reminders for...more

ABA's Forum on Construction Industry 2013 Fall Meeting Focuses on P3s

This past September, the American Bar Association’s Forum on the Construction Industry held its annual Fall Meeting in Washington D.C. The program covered a wide range of issues concerning the present and future of...more

ABA makes suggestions to CFPB for overdraft study

The American Bankers Association has sent a letter to the CFPB responding to the CFPB’s June 2013 white paper reporting its initial data findings on overdraft programs. When the paper was issued, we observed that regulation...more

MBHB Snippets: Review of Developments in Intellectual Property Law - Volume 11, Issue 3 (Summer 2013): The USPTO Adopts New Rules...

On May 3, 2013, the United States Patent and Trademark Office (“USPTO” or “Office”) Rules of Professional Conduct (“USPTO Rules”) went into effect to govern the ethical obligations for representing others before the Office....more

Jobs, Funding For Courts On Agenda For New ABA President  [Video]

Aug. 13 (Bloomberg Law) -- James Silkenat, incoming president for the American Bar Association, talks with Bloomberg Law' s Lee Pacchia about his plans for for his term....more

Does This New ABA Report Signal Change For Law Schools? [Video]

Aug. 9 (Bloomberg Law) -- Brian Leiter, professor at the University of Chicago Law School, talks with Bloomberg Law's Lee Pacchia about the American Bar Association's recent report on the state of legal education in America. ...more

CFPB proposes new information collections

The CFPB has proposed a new generic information collection clearance for its consumer complaint system and a new information collection related to its financial literacy initiatives....more

Are Consummated Hospital and Physician Mergers Now in the FTC’s Crosshairs?

Speaking at an American Bar Association symposium titled “Retrospective Analysis of Agency Determinations in Merger Transactions,” Federal Trade Commission (“FTC”) Chairwoman, Edith Ramirez, highlighted the FTC’s successful...more

ABA Amends Model Rules of Professional Conduct to Address Changes Brought by Technology and Globalization

It is undeniable that technology and globalization are changing the way lawyers practice law. Technology has not just made people, places, and things much more accessible to us – it has impacted the way we store information...more

Do Law Firms Have An In-House Privilege?

There is often a discussion about the retention of outside counsel to lead an investigation of alleged violations of the US Foreign Corrupt Practices Act (FCPA) so that the company may maintain the attorney-client privilege....more

ABA Legal Education Conference: "Titanic Executives Meeting" [Video]

April 29 (Bloomberg) -- Last week the American Bar Association's Task Force on the Future of Legal Education held a day long conference in Indianapolis to discuss both challenges and opportunities for change. Task Force...more

Litigants: Are You Abiding By The New ABA Rules Regarding Legal Technology?

On August 6, 2012, the American Bar Association’s (“ABA”) House of Delegates voted to amend the comment to its Model Rule of Professional Conduct (“MRPC”) Rule 1.1, which governs lawyer competence. In amending Rule 1.1 the...more

Weekly Brief: Are Scholarships a Bait-and-Switch For Law Students?  [Video]

Mar. 21 (Bloomberg Law) -- Bloomberg Law's Lee Pacchia runs through the legal news for the week. A new study shows an average of 69% of law students retain their scholarships after their first year. Also, we have a look at...more

ABA Releases Opinion on Judges' Use of Social Media

A social network is a service that allows its members to share personal information and make personal contacts through a website, mobile phone or other similar wireless device. This openness and sharing has been embraced by...more

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