Competition

Fresh Takes On Seeking Costs And Fees Under Rule 45

Recent case law reveals that courts vary widely in their approaches to shifting the costs and fees incurred in responding to a Federal Rule of Civil Procedure 45 subpoena. Nonparties responding to such requests should consider certain district court trends, say attorneys at Pepper Hamilton LLP.

Series

Judging A Book: Smith Camp Reviews 'Echo Of Its Time'

"Echo of Its Time" is the story of Nebraska’s federal district court from statehood in 1867 to the demise of Prohibition in 1933. Professors John Wunder and Mark Scherer have written an objective, unsentimental and insightful history, layered with context and rich in character study, says U.S. District Judge Laurie Smith Camp of the District of Nebraska.

The Role Of Data Analytics In Mass Torts

Lawyers involved in a mass tort must make difficult decisions concerning the potential size of the claimant pool, the expected percentage of qualifying cases, the likelihood of a settlement and more. Data analytics can help guide mass tort strategies and yield better outcomes, say Deb Zonies and Mark Zabel of litigation support services provider Verus LLC.

Opinion

SEPs Need Injunctions Too

Many think that injunctions should not be allowed in standard-essential patent cases, but in order to protect the incentive to innovate, all owners of all patents need to be able to exercise their constitutional right to exclude, says Ken Stanwood, chief technology officer at WiLAN Inc.

Guest Feature

'The Mooch' Talks Mayhem, Con Law, Lessons From Harvard

Anthony Scaramucci is probably best known for the 11 days he spent as White House director of communications in 2017. But when White and Williams LLP attorney Randy Maniloff sat down to chat with "the Mooch," he was interested in hearing a different story.

Opinion

Competition, Not Confiscation, Is Key To Lower Drug Prices

Americans deserve legislation that addresses the costs of prescription drugs, but the compulsory licensing rules proposed by some members of Congress would discourage investment in the discovery of new life-saving drugs, says Sen. Thom Tillis, R-N.C.

FTC Decision Highlights Growing Divide On Vertical Mergers

A recent Federal Trade Commission enforcement action involving a vertical merger between Staples Inc. and Essendant Inc. highlighted the intensifying debate regarding vertical integration's competitive benefits and harms, as well as starkly divergent views between individual commissioners on merger review, say Daniel Hemli and Jacqueline Java at Bracewell LLP.

Why Proper Document Redaction May Be An Ethical Duty

Paul Manafort's attorneys recently filed a court document containing incompletely redacted information, highlighting the need for attorneys to become competent at redaction — or at least at verifying that redaction has been performed correctly. Failure to do either could be construed as legal malpractice, says Byeongsook Seo of Snell & Wilmer LLP.

Series

Why I Became A Lawyer: A Refugee's Journey Of Firsts

Even as a child in war-torn Iran, I began to develop a sense of justice and a desire for equality and the rule of law. These instincts ultimately guided me to become a federal prosecutor, and now a partner in private practice, says Raymond Aghaian of Kilpatrick Townsend & Stockton LLP.

Keeping PR Strategy Communications Privileged: Part 2

Determining whether and to what extent your legal team should invite a PR agent into privileged communications requires weighing many factors — including the unsettled and evolving case law on whether such involvement destroys privilege protection and creates discoverable, usable evidence, says Jeffrey Schomig of WilmerHale.