Thought Leadership

Gretchen Carlson Lambastes Mandatory Arbitration

The former Fox News anchor says that sexual harassment, much of it blatant and crude, has been a constant in […]

Posner: Supreme Court Is “Awful”

In a recent interview, Seventh Circuit Court of Appeals Judge Richard Posner said, “I think the Supreme Court is awful. […]

Rule Of Law Kaput, Says Pundit

An historically low rate of judicial conformations crowned by the refusal to even grant a hearing to a Supreme Court […]

Supreme Court Litmus Tests “Erodes Foundations” Of Judiciary

Hillary Clinton’s admission during the second presidential debate that she would have a litmus test for appointing Supreme Court justices […]

PR Mill Shuts Down When DOJ Loses A Case

The DOJ often publicizes cases at the outset in what amounts to a public accusal, and but then goes silent in cases where the defendant prevails.

Contract Review Meets E-discovery

Because they are so labor-intensive, contract reviews tend to be reserved for pivotal events, but in an era when e-discovery […]

BigLaw Raises, and a Pitch for Inside Counsel to Start Thinking Small

This past summer many big firms gave new associates a substantial raise, up to $180,000 in some cases. The authors […]

Delaware Case Makes it Easier for Duped Shareholders to Sue

In May of this year, the Delaware Supreme Court handed down a decision with major implications for shareholder litigation. It […]

Preparing for Low-Probability High-Impact Events

Systematic preparation for a highly unlikely catastrophe “is not morbid thinking or gloom-and-doom prognosticating, but rather a crucial planning feature […]

Can Transaction Parties Rely on the Common Interest Privilege?

In many situations, parties to a transaction want to share legal advice among themselves. Parties whose interests are aligned can […]

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