News & Analysis as of

Young Lawyers

Are you sharing the right content to your Social Media accounts?

by Adrian Dayton on

As a professional you have probably been told by now that Social Media is very important for business purposes. As a result many of you have probably created some sort of Social Media accounts. Whether it is LinkedIn,...more

Avoid Juror Self-Sabotage

Several years ago, I sat in a courtroom in Pennsylvania, assisting the defense in a capital murder jury selection. The process was involved, and potential jurors were interviewed one at a time after completing a comprehensive...more

Appellate Tip: Preserve “No-Duty” Arguments in Negligence Cases with Pretrial and Post-Trial Motions

In Quiroz v. ALCOA, Inc. (May 11, 2018), the Arizona Supreme Court recently clarified the “duty” element of a negligence claim and reaffirmed prior decisions holding that: (1) the plaintiff must prove the duty element in...more

The Plaintiff Is a Reptile, so Turn Your Witness into a Mongoose

Let’s consider the life cycle of the Reptile — not the slithering, cold-blooded animal, but the strategic approach to arguing plaintiffs’ cases advocated by David Ball and Don Keenan. That perspective, trying to win by...more

Sales Is a Five-Letter Word Attorneys Need to Learn

by JD Supra Perspectives on

The sales skill set is incredibly important for professionals to learn, even though - especially even if - you’re not in sales....more

Don’t Underestimate Just How Much Jurors Want to Reach an Independent Decision

Add this one to the list of reasons why sequestering the jury can be a problem, and more generally, to the “Juries can do strange things” category. The night before deliberations, at the end of a five-week murder trial, four...more

What Does it take to be a Great Client Success Manager?

by Adrian Dayton on

I was having a conversation with a friend this past week who runs his own business. It came up in discussion his recent experiences with an attorney he works with that helps him on the business side. This friend of mine tends...more

Technology Assisted Review: Or, How I Stopped Worrying and Learned to Love a Computer Program (PART ONE)

PART ONE: This is part one of a series on my journey to appreciating TAR. Be on the lookout for part two in the coming weeks. Recently, I (Russ Beets) began work on a complex litigation case that had millions of documents...more

Law Firm Business Development: Pick Up The Phone! Meet With Your Clients!

by LawVision Group LLC on

It’s really quite simple and yet over and over we continue to hear that of all professional services firms, law firms—specifically the legal professionals, are absolutely the worst at meeting with clients on a regular basis....more

eDiscovery for the Rest of Us: eDiscovery Best Practices

by CloudNine on

...With the high number of eDiscovery vendors and the huge amount of ED conferences, webinars and seminars, you might ask why we would talk about eDiscovery for “the rest of us”. eDiscovery was initially seen as the exclusive...more

Give the Jurors What They Want: 10 Golden Rules

The jurors have made it through the trial, reached their verdict, received their thanks, and are headed to the exits. How do they feel about their experience? What do they think the lawyers did well, and what do they think...more

2018 International Arbitration Survey: The Evolution of International Arbitration

by White & Case LLP on

International arbitration remains the preferred form of global dispute resolution for cross-border commercial disputes. London and Paris are still the most preferred seats, and the leading Asian hubs cement their positions in...more

New Report To Update Decade-Old Data On The Nation’s Gig Economy Workforce

by Fisher Phillips on

How much has the gig economy changed in the last 13 years? We’re (finally) about to find out. According to Tyrone Richardson at Bloomberg Law, the United States Department of Labor’s Bureau of Labor Statistics (BLS) is...more

GDPR’s Most Frequently Asked Questions: Does a Company’s Reason for Processing Information Impact Whether It Must Delete it?

The European Union's General Data Protection Regulation ("GDPR") is arguably the most comprehensive - and complex - data privacy regulation in the world. As companies prepare for the GDPR to go into force on May 25, 2018,...more

USPTO Updates Patent Eligibility Guidance in View of Federal Circuit Berkheimer Opinion

The U.S. Patent and Trademark Office (USPTO) recently issued a memorandum to its patent examining corps that changes the way examiners should evaluate the question of whether a claim element is “well-understood, routine,...more

Could We Be Close to a Second State to Approve a Technology CLE Requirement?: eDiscovery Trends

by CloudNine on

In 2016, Florida became the first state to mandate technology training for lawyers, when it adopted a rule requiring lawyers to complete three hours of CLE every three years “in approved technology programs.” That requirement...more

Witness Preparation: Teach the Second Level of Response

In the game of chess, the difference between a novice player and an experienced player can be boiled down to two words: thinking ahead. The experienced player doesn’t just move their piece’s toward the opposing king. The...more

Well Facilitated Meetings Yield Productive Results: Here's How...

by JD Supra Perspectives on

A smart checklist of ideas to consider when planning your next facilitation with other professionals, clients, and even potential clients....more

"Authenticity" Might be Cliche, But It's Essential to Building Client Relationships

by JD Supra Perspectives on

Even though the word "authenticity" might make your skin crawl, it's actually a pretty important concept for lawyers - it's a buzzword for a reason....more

Back to Basics: Crafting a Business Development Plan that Works for You

by Baker Donelson on

In my experience, the number one factor in professional success lies in the ability to become self-sufficient by generating your own work. Often, that involves the creation of a comprehensive business development plan that...more

An Introduction to Smart Contracts and Their Potential and Inherent Limitations

“Smart contracts” are a critical component of many platforms and applications being built using blockchain or distributed ledger technology. Below, we outline the background and functions of smart contracts, discuss whether...more

You Think You Understand Your Client’s Business (But Do You Really?)

by Wicker Park Group on

Too often, outside counsel misconstrue what it means to understand a client’s business. They confuse the simple concept of what a company does with a deeper understanding of why the company does it and how it is impacted by...more

If LLC Agreement Must Be In Writing, Must It Be Signed?

by Farrell Fritz, P.C. on

Transactional lawyers who assist clients in the formation and restructuring of business entities, and the litigators who clean up the transactional lawyers’ occasional messes, each have lessons to learn from last week’s...more

Turning the Tables in Class Action Discovery: Conducting Merits Discovery Prior to Class Certification Remains a Viable Defense...

by Polsinelli on

Class actions often are lengthy and costly undertakings for defendants, and the discovery process can demand the most significant amount of resources. When discovery on class certification issues is then followed by merits...more

Seeking Paths to Lawyer Well-Being

by Hellmuth & Johnson PLLC on

"Physician, heal thyself," is a maxim as old as the bible. Although we are not doctors, self-healing is also expected in the legal profession. After all, we are typically fantastic when it comes to solving our client's...more

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