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The sticking point: Hypodermic needles and searches incident to arrest

Prescription opioid abuse is at an all-time high,1 and experts believe that as patients lose their legal access to medication, they are likely to turn to illegal injected drugs as an alternative.2 Consequently, law enforcement may soon become more alert to hypodermic needle use and possession. All lawyers who practice criminal law should be aware […]

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The power of the privilege log

Litigators often overlook the importance privilege logs can play in discovery. Privilege logs are addressed, if at all, during the Rule 26 discovery conference. Discussions typically result in an agreement that a privilege log will be produced for all documents withheld, but rarely do attorneys delve into what information a privilege log should contain. Addressing […]

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Anatomy of a subrogation investigation

A successful subrogation action begins long before a complaint is even filed. A well-executed subrogation investigation will increase your chances of success and may even allow your client to recover without resorting to litigation. Before getting into the anatomy of a subrogation investigation, let’s begin with a definition of subrogation. Subrogation is defined as “[t]he substitution […]

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Beyond the travel ban: Headaches for employers

Employment-based immigration under the Trump administration Tune into any news outlet today and no doubt you will hear something about the Trump administration’s crackdown on illegal immigration. You’ll most likely hear about building a wall across the U.S.-Mexico border or proposals on how to address the fate of the so-called “Dreamers,” 800,000 individuals brought to […]

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Messing with Texas: How TC Heartland changed patent venue

In May 2017, the Supreme Court issued a decision in TC Heartland v. Kraft Food Brands overturning years of precedent on proper venue for patent cases. For over two decades, patent holders could sue alleged infringers in essentially any federal court nationwide. This led to a disproportionate number of patent infringement cases being filed in […]

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Issue-spotting construction defect litigation: Basic and frequently litigated CD concepts

Construction defect claims generate substantial civil litigation, and no wonder. A single project often requires the coordination of dozens of parties of varying skills, expertise, and sophistication—owners, contractors, subcontractors, design professionals, suppliers, insurers, and lenders—pursuant to multiple, often technical and lengthy contracts and subcontracts, each subject to changes during performance over a protracted time period, […]

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23, My Employer & Me: On genetic testing, privacy, and employment

I’ve always been curious about my ancestry. That curiosity recently led me to contact the genetic testing provider 23andMe®, who provided me with the following option: For $100 more I could have my DNA tested for genetic health risks including late-onset Alzheimer’s and Parkinson’s Disease. This testing also determines whether or not I am a […]

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Getting the most out of local counsel

If you have ever litigated a case in a jurisdiction where you are not admitted, you have probably been confronted with a local court rule requiring you to associate with local counsel. No doubt, you have also heard (or made) the oft-repeated joke that such rules are nothing more than “full employment acts” for the […]

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Things will go wrong: Lessons for young lawyers on trial practice

The email rejecting a final settlement offer may be the most stressful part of any lawsuit. Whether you are the attorney sending it or the one opening your email to see it waiting for you, that email signifies a major change from everyday legal practice. The case is going to trial. What do you do […]

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