Feature Articles

Think You’ve Drafted an Airtight “No Oral Modifications” Clause? Think Again

A core tenet of contract law is that the contracting parties are masters of the agreement. Parties negotiate and ultimately agree upon terms that each…

Ten Mistakes Lawyers Make in Mediation

First on the list, not nailing down the deal at the mediation. After a long day of haggling that ends in a tentative agreement, parties…

A Women-Owned Law Firm’s Perspective

The authors, co-founders of a woman-owned and operated firm, note that while women-owned businesses comprise almost 40 percent of privately owned businesses in the United…

Cutting Litigation Costs in a Post-Covid World

Attorneys who do not create litigation analyses and budgets early in the case cost clients’ money in wasted effort and unnecessary tasks. Attorneys are sometimes…

Protecting Electronic Devices at the Border

New guidance allows Customs and Border Patrol officers to continue conducting warrantless basic searches of electronic devices. This policy directive, coupled with the administration’s Executive…

Cross-Border Discovery and Witness Considerations in Germany and Japan

Products are an inextricable component of life, but it is only when something goes wrong that an action is filed and the design and manufacturing…

Negotiated Resolution of Criminal Cases in France

In December 2016, France adopted a new anti-corruption law known as Sapin II. France equipped its prosecutorial authorities with a new instrument, the convention judiciaire…

Problems When Transactional Counsel Act as Trial Counsel

When disputes arise involving a contract that your company’s law firm drafted, does it make sense to have that firm litigate the case? The answer…

Liability for Catastrophic Construction Failures

Catastrophic construction failures such as the April 2019 collapse of a construction crane on a Seattle office building that killed four people generate headlines and…

Litigation Analytics: An Advantage for In-House Counsel

When a contract dispute arises, in-house attorneys are often tasked with deciding whether litigation is worth the time, cost and human resources to take on…

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