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The Legal Intelligencer

Another Blow to the Gist of the Action Doctrine

The gist of the action doctrine is generally "designed to maintain the conceptual distinction between breach of contract claims and tort claims. As a practical matter, the doctrine precludes plaintiffs from re-casting ordinary breach of contract claims into a tort claim."
8 minute read

The Legal Intelligencer

Importance of Fair and Uniform Implementation of Assessment Appeal Policies by School Districts

In the last few years, Downingtown Area School District in Chester County has found itself at the center of several important decisions in the realm of Pennsylvania tax assessment law.
6 minute read

The Legal Intelligencer

Despite Positive Signs to Amend BIPA, Businesses Must Remain Vigilant

On Jan. 31, 2024, Sen. Bill Cunningham introduced S.B. 2979 ostensibly to answer the call from the Illinois Supreme Court that the General Assembly "make clear its intent regarding the assessment of damages under the act" in Cothron v. White Castle.
5 minute read

The Legal Intelligencer

AI Is Our Friend: Using Advancements in Technology Ethically and Responsibly

Technology is here to stay and its role in how we lawyer will only grow. But it is important that we as lawyers learn how to use and embrace existing and future technology responsibly without shirking our professional and ethical responsibilities.
4 minute read

The Legal Intelligencer

Digging Deeper Than Labels: Parental Alienation

Advocates of the term "parental alienation" say it refers to an idea that if children exhibit certain behaviors or symptoms, those characteristics should somehow not be considered signs that the child was a victim of abuse. Instead, the very actions that were abusive are reframed, and cast against the person raising the alarm that the child has been a victim of abuse.
8 minute read

The Legal Intelligencer

Pro Se Adversary: Best Practices for Dealing With the AI-Armed Nonlawyer

As more and more nonattorneys begin to turn to artificial intelligence for legal advice and legal document drafting, more and more attorneys will have to face pro se litigants armed with artificial intelligence.
6 minute read

The Legal Intelligencer

When Do Advance Waivers Embedded in an Engagement Letter Permit Future Adversity to the Client?

An advance waiver contained in an engagement letter links the law firm's acceptance of the matter and corresponding ethical duties to the client with the client's willingness to accept the firm's ability to work for other clients in unrelated areas, even if adverse.
5 minute read

The Legal Intelligencer

Forensic Examinations in E-Discovery Don't Come Easy—Court Reminds Parties What Must Be Shown

Recently, in Citizens Business Bank v. Mission Bank, the U.S. District Court for the Central District of California denied the plaintiff's motion to compel a forensic examination of certain electronic devices, accounts, and backup servers maintained by the defendant and the defendant's employees.
8 minute read

The Legal Intelligencer

SECURE 2.0 Act Impact: Some Changes in 2024

In this article, we highlight some of the SECURE 2.0 changes, many of which have gone into effect for the first time this year.
5 minute read

The Legal Intelligencer

'No Better Than a Racket'—Seventh Circuit Critical of Mootness Fees for Merger Disclosures

Judge Frank Easterbrook, disenchanted with the current "federal practice" of plaintiffs attorneys extorting fees in disclosure cases without conferring a meaningful benefit on stockholders, penned the opinion for a two-judge panel rejecting such fee agreements and empowering shareholders and federal courts alike to scrutinize these fees going forward.
6 minute read

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Legal Speak is a weekly podcast that makes sense of what’s happening in the legal industry.

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