The National Law Journal

April 21, 2008 | National Law Journal

The past decade has seen a significant rise in lawsuits brought by bankruptcy trustees or receivers against an insolvent company's former accountants and attorneys. Trustees and receivers presiding over the estate of a failed company victimized by � or, more often, utilized for � fraud or other misconduct are now routinely looking to causes of actions against the debtor's professionals as the estate's primary, if not the only, assets.

By Ren� D. Harrod and John D. Eaton / Special to The National Law Journal

11 minute read

May 19, 2008 | National Law Journal

The issue of individual liability of managers and supervisors for their everyday workplace decisions has been receiving increasing attention from the courts. As a result, employers and supervisors are now faced with a new and sometimes uncertain legal arena. Even the most seasoned company leaders have begun to second-guess their employment decisions, resulting in indecision, fear and poor decision-making. In light of the recent attention this issue has garnered, it is important for employers and their supervisors to have a clear understanding of the background of this issue and to recognize ways to protect themselves from exposure to this problematic issue in the future.

By Richard M. Escoffery and Douglas J. Miller / Special to The National Law Journal

8 minute read

February 21, 2005 | National Law Journal

Now that same-sex marriage has finally arrived, it may take a legal miscarriage to demonstrate why the federal gambit to "defend" marriage is unconstitutional.

By Steve Sanders Special to The National Law Journal

5 minute read

August 08, 2005 | National Law Journal

The Supreme Court's decision in the Brand X case, means that broadband services likely will remain free from the common carrier-type rate and nondiscrimination regulation that attaches to telecommunications services.

By Randolph J. MaySpecial to The National Law Journal

5 minute read

September 15, 2003 | National Law Journal

First, do no harm. That founding oath of the medical profession applies equally to lawyers working with public relations professionals in jointly handling matters that place their clients in the spotlight of media or governmental scrutiny. If the working relationship between lawyers and public relations professionals engaged on behalf of common clients is handled improperly, the professionals can cause more harm than they provide help to the client's interests and public image.

By John Siegal and Jeremy R. FeinbergSpecial to the National Law Journal

8 minute read

January 08, 2007 | National Law Journal

For almost a decade, the governmental agencies regulating retirement plans and investment activity have expressed concern about fees and expenses associated with investments under participant-directed defined-contribution retirement plans (401(k) plans).

By Steven J. Sacher and Matthew A. Olson/Special to The National Law Journal

13 minute read

November 17, 2008 | National Law Journal

The recent election demonstrates that the Republican Party is deeply fractured. Its internal disarray reflects not only disagreements over issues, but also class and cultural conflict between the party's elite and populist elements. That tension has become especially pronounced during the past decade and painfully obvious during the last stages of the 2008 presidential campaign. These class differences extend to the lawyers representing the various constituencies within the party.

By Ann Southworth / Special to The National Law Journal

4 minute read

November 29, 2004 | National Law Journal

The multiple ports of entry along the U.S. border with Canada have increasingly heightened their security since Sept. 11. A new list of relevant factors now has many travelers marked as inadmissible.

By Barbara Jo (B.J.) Caruso Special to The National Law Journal

11 minute read

October 29, 2007 | National Law Journal

The United States requested the World Trade Organization Dispute Settlement Body to establish a panel to resolve its dispute with China over the lack of protection and enforcement of intellectual property rights. The dispute concerns the high thresholds for criminal procedures and penalties in the IP area, the failure of Chinese authorities to properly dispose of confiscated infringing goods and the denial of copyright protection to works unauthorized for publication or distrubution within the country.

By Peter K. Yu / Special to The National Law Journal

5 minute read

September 08, 2008 | National Law Journal

In terms of both quality and process, the drafting of business contracts is dysfunctional. Consider quality. One example is the merger agreement between JPMorgan and Bear Stearns. What might first catch your eye is the centered heading after the introductory clause and before the recitals: "WITNESSETH," followed by a colon and featuring, as a pompous flourish, a space between each letter. And it's entirely representative — any given business contract is likely to be a mess that could do with a major overhaul.

By Kenneth A. Adams / Special to The National Law Journal

5 minute read