The National Law Journal

February 02, 2009 | National Law Journal

Connecting and engaging with jurors these days is a struggle for everyone. With smart phones and personal digital assistants now ubiquitous, jurors no longer are able to leave their obligations behind when they enter the courthouse. As a result, attorneys accustomed to presenting complex cases orally, in artificial sequences and without visual stimulus, can no longer expect jurors to pay attention.

By Trey Cox / Special to The National Law Journal

10 minute read

October 20, 2003 | National Law Journal

On Oct. 8, the U.S. Supreme Court heard a case it should never have had to deal with in the first place. The issue before the court is how long police officers have to wait after they knock on someone's door and announce that they have a search warrant. Is 20 seconds enough? The case concerns Lashawn Lowell Banks, who says he did not hear the police at his door. The police, after waiting 15 to 20 seconds, made a forced entry. They searched and found crack cocaine and firearms; they also questioned Banks.

By Amitai EtzioniSpecial to The National Law Journal

5 minute read

January 07, 2008 | National Law Journal

A friend and I have now celebrated the first anniversary of our Drug and Device Law Blog, and we've learned four lessons. First, blogging about substantive legal issues is hard. Second, blogging is personally satisfying. Third, law firms are clueless about how to value blogs. Should firms encourage lawyers to write blogs or forbid them? Sponsor blogs (to claim credit) or disavow them (to avoid risk)? We chose not to have our firms be affiliated with our blog. Finally, blogging pays off in several ways.

By Mark Herrmann / Special to The National Law Journal

5 minute read

June 20, 2005 | National Law Journal

There has been much speculation about whether the SEC or Congress will cut back on the reforms enacted in the wake of the celebrated collapses of WorldCom, Adelphia and others in the "decade of scandal." One area badly in need of reform is one of the Private Securities Litigation Reform Act's (PSLRA) requirements.

By Kathy D. PatrickSpecial to The National Law Journal

5 minute read

March 13, 2006 | National Law Journal

Splitting the 9th Circuit is not about Congress interfering with judicial independence. It is about Congress exercising its constitutional duty under Article III to create such lesser courts "as the Congress may from time to time ordain and establish."

By John M. RollSpecial to The National Law Journal

5 minute read

December 06, 2004 | National Law Journal

As the anniversary of Brown and the 1964 Civil Rights Act are observed, it is worthwhile to think about the compromises that have been made since reconstruction in the application of the 14th Amendment. Many misunderstandings continue to persist—amidst broken promises as to the true scope of what the 14th Amendment should have delivered.

By Frank Scaturro Special to The National Law Journal

5 minute read

February 25, 2008 | National Law Journal

For U.S. businesses, location can be a significant factor in determining whether to contract with a foreign party. But at the moment of truth, a party may simply thumb its nose at the forum-selection clause and initiate litigation in a forum not agreed to by the parties. U.S. businesses, however, need not bow to the pressures of litigating in a foreign forum. The anti-suit injunction has developed into a powerful tool to protect U.S. businesses abroad.

By Michael Diaz Jr. and Carlos F. Gonzalez / Special to The National Law Journal

12 minute read

October 25, 2004 | National Law Journal

Several groups have contributed to position their interests in myriad ways leading up to the November elections. These groups are now modifying their approaches as new candidates seek the available judgeships.

By Emily Heller Special to The National Law Journal

11 minute read

April 06, 2009 | National Law Journal

If a clutch of screenwriters were trying to craft a drama rich with national security issues, international significance and a serendipitous connection around which to bend the plot, they'd be hard-pressed to do better than the appellate victory in Boumediene v. Bush. The win, which was secured last June in a 5-4 decision by the U.S. Supreme Court, affirmed the right of habeas corpus for even so-called "enemy combatants" who are not U.S. citizens being held in military detention at the Guant�namo Bay Naval Base in Cuba. The effort on behalf of Bosnian citizen Lakhdar Boumediene and other detainees at Guant�namo involved more than 500 law firms around the country. Among them was WilmerHale, which since 2004 had donated $20 million in billable hours, and Pillsbury Winthrop Shaw Pittman, which became involved when a client's habeas petition was consolidated on the appellate level.

By June D. Bell / Special to The National Law Journal

5 minute read

January 22, 2007 | National Law Journal

Few of us are familiar with Steve Berman of Seattle-based Hagens Berman Sobol Shapiro. But litigation initiated by Berman�s firm in federal court in Massachusetts may play a greater role in establishing drug prices than any law the new Congress may ultimately enact.

By Sherman Joyce/Special to The National Law Journal

4 minute read