National Law Journal | Commentary
By Gregory L. Diskant | November 9, 2022
If eighteenth century history is to dictate the meaning of our Constitution today, and into the future, then the Supreme Court should modestly recognize its own limitations and take great care to get that history right.
National Law Journal | Commentary
By Michael Ward, Matthew Baker and Julia Wu | November 7, 2022
In the case of data breaches, the obligation to disclose may well be clearly defined by statute. Any company under active investigation for a data breach should carefully consider its obligation to disclose additional security incidents to regulators.
National Law Journal | Commentary
By Will Lavery | November 7, 2022
"Axon Enterprise v. FTC" presents a rare opportunity for the court to put a check on the FTC's yearslong abuse of due process and its practice of bringing dubious administrative lawsuits that would never pass muster in federal court.
National Law Journal | Commentary
By Francesca Fulchignoni and Tim Anderson | November 4, 2022
Case teams will need to embrace new approaches, use new technologies, and be willing to step outside of traditional, static workflows to defensibly meet the dynamic nature of emerging data sources.
National Law Journal | Commentary|Q&A
By Tony Mauro | November 1, 2022
Katie Barlow, a lawyer and broadcaster, is teaching the public about the Supreme Court through two-minute TikToks.
National Law Journal | Commentary
By Robert Stern and Sarah Coyne | October 31, 2022
Individual accountability is at the forefront of the government's enforcement strategy—and that includes gatekeepers.
National Law Journal | Commentary
By Melvin I. Urofsky | October 28, 2022
It is very possible that Justice Alito will give us another angry opinion—this time on affirmative action. Admissions offices are already preparing for a negative decision.
National Law Journal | Commentary
By Tony Mauro | October 14, 2022
As the Supreme Court's new term begins, some important new books about the court have arrived.
National Law Journal | Commentary
By David Marroso, Tim Heafner and Talia Alsalam | October 13, 2022
Leveraging the explosion of and comfort with videoconference witness's testimony, enterprising parties are increasingly trying a workaround from the traditional rules.
National Law Journal | Commentary
By William W. Taylor III | October 10, 2022
The simple reality is that, years ago, The Federalist Society and its de facto leader, Leonard Leo, set out to create a court which would overrule Roe. And they succeeded.
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