National Law Journal | Commentary
By Zachary Terwilliger, Lindsey Vaala and Rami Rashmawi | March 2, 2022
Companies should expect that the DOJ's Antitrust Division will continue to investigate and criminally pursue no-poach agreements. It is thus more important than ever that companies undertake deliberate efforts to minimize liability and prevent no-poach conduct before it happens.
National Law Journal | Commentary
By Jay Sterling Silver | February 24, 2022
"Proving Trump's intent to bring about imminent violence may not be a slam dunk," says Jay Sterling Silver, as thinly veiled attempts by the former president to avert liability when he incited the crowd may provide our ultra conservative justices with just enough cover to find an absence of intent.
National Law Journal | Commentary
By Tony Mauro | February 18, 2022
A former clerk reminisces about his favorite Supreme Court-related movie. What's your favorite SCOTUS movie?
National Law Journal | Commentary
By Tessa L. Dysart | February 9, 2022
"There is no reason why an attorney who wants a remote argument, especially if the other side agrees, should not be allowed to present remotely—pandemic or not."
National Law Journal | Commentary
By Alan B. Morrison | February 4, 2022
"What's wrong with the current system of life-time appointments? The fact that no other democracy in the world has life tenure for the judges of their highest courts ought to be a warning why it's bad for democratic governments."
National Law Journal | Commentary
By Tony Mauro | February 4, 2022
Once he is retired, Justice Stephen Breyer may resume his fervor for all things architectural.
National Law Journal | Commentary
By Scott Douglas Gerber | February 1, 2022
When talking about diversity at the Supreme Court, another type of diversity is important too: educational diversity. Graduating from an elite law school should not be a requirement for a SCOTUS appointment.
National Law Journal | Commentary|Expert Opinion
By Paul Schiff Berman | January 31, 2022
The Supreme Court should act with proper time for reflection and deliberation wherever possible with the justices clearly explaining their decisions with legitimate rational arguments.
National Law Journal | Commentary
By Tony Mauro | January 27, 2022
Justice Breyer livened up oral arguments with odd hypotheticals and rambling questions that kept advocates on their toes.
National Law Journal | Commentary
By Philip Allen Lacovara and Dennis Aftergut | January 24, 2022
The importance of the Jan. 6 White House documents being disclosed to the House Select Committee is hard to overstate. Beneath the headlines, the SCOTUS ruling was a gain for Trump and his allies.
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