When Henry David Thoreau wrote that “the process of discovery is simple,” he surely did not have litigation in mind. And even if he did, that was in 1849.

Tagged with: Dec. 31 2012 issue

Trade secret theft has always been a risk to U.S. businesses. Now, as the global economy evolves, that risk is changing.

Tagged with: Dec. 31 2012 issue

The legal services offered by lawyers depend largely on the clients they serve. Today, with more and more service members returning from deployment, it is worthwhile for attorneys to become familiar with the federal law that provides increased rights and ...

Tagged with: Dec. 31 2012 issue

With the re-election of President Obama, employers need to take seriously the job of preparing for Obamacare, a.k.a. the Patient Protection and Affordable Health Care Act, particularly in light of the U.S. Supreme Court’s decision in June upholding the act.

Tagged with: Dec. 31 2012 issue

A civil suit against an attorney who served as a court-appointed discovery master in a will contest must be dismissed according to the doctrine of quasi-judicial immunity.

Tagged with: Dec. 31 2012 issue

Notwithstanding everything going on at the Securities and Exchange Commission these days, amending rules under Dodd-Frank and the JOBS Act, and bringing anti-fraud litigation, there nonetheless is one subject enjoying intense SEC focus: the Foreign Corrupt Practices Act.

Tagged with: Dec. 31 2012 issue

How does a claim for $12,770 turn into an award of almost $100,000? In the case of Mullen v. RBS Citizens Bank, it took 27 fraudulent checks, two trials, one appellate court decision, the death of the original plaintiff and ...

Tagged with: Dec. 31 2012 issue

The U.S. Supreme Court is being asked to decide who should foot the attorney’s bill when an accident victim’s medical expenses are covered by an ERISA plan, and the victim goes on to win a tort suit for his injuries.

Tagged with: Dec. 31 2012 issue

When a disgruntled client sent Michael D. MacClary and Francis E. Perkins Jr. a legal-malpractice demand letter last year, the Burns & Levinson partners turned to their in-house ethics counsel for advice.

Tagged with: Dec. 31 2012 issue

Can an employer, faced with a purported class action under the Fair Labor Standards Act, avoid litigation by immediately offering a settlement to the sole plaintiff before a class is certified?

Tagged with: Dec. 31 2012 issue