Interrogatories represent a fundamental discovery tool and provide litigants with an important mechanism for extracting and obtaining information. Written interrogatories may be useful to particularize and elaborate pleadings and to define and narrow the eventual issues to be litigated at trial. Continue Reading
Commentary of ABA RPTE Taskforce on Do-It-Yourself Estate Planning
The phrase “do it yourself” evokes images of a weekend trip to the Home Depot, a bruised thumb, and the feeling of satisfaction that comes from a freshly painted room, a repaired deck, or a newly constructed patio planter. But even the experts at do-it-yourself publications such as This Old House Continue Reading
Avoiding Verbosity in Legal Writing
Whether you are writing a brief, a research memorandum or a client report, what you write, and how you write it, communicates your ideas to your audience. Are your sentences wordy and rambling, or crisp and to the point? Judges have full dockets to manage and countless briefs to read. Your clients Continue Reading
Coal Plant Shutdowns: Operators Need to Manage Community Relationships
Imagine this scenario: A company operates a coal ash landfill. Local citizens protest and organize ad advocacy group against it and create a Facebook page. The company responds by suing the individual members of the group for defamation. The American Civil Liberties Union (“ACLU”) comes in to defend Continue Reading
Invoking the Fifth Amendment in Audits With Offshore Issues: Required Records Under the Bank Secrecy Act, Greenfield, and Continuation Penalties
The IRS continues to deliver on its promise to audit taxpayers who made quiet disclosures, who imprudently entered into the Streamlined Filing Compliance Procedures (" Streamlined Program"), or who never disclosed offshore accounts. These audits, which are typically based on third-party information Continue Reading
Is TCCWNA Unconstitutional? Our Three-Part Series Scrutinizes this Unique New Jersey Statute
This three-part article explores the possibility of raising due process and equal protection challenges to TCCWNA class actions, arguing that class actions brought under the statute violate the requirements of the Fourteenth Amendment’s Due Process Clause as interpreted by the Supreme Court, because Continue Reading
Re-Thinking Voir Dire
This article originally appeared in the September 2016 issue of The Journal of the Delaware State Bar Association, a publication of the Delaware State Bar Association. Superior Court Criminal Rule 24(a) explicitly permits attorneys to participate in the voir dire process by directly Continue Reading
Cybersecurity, Electronic Data and the Closure of Coal Plants
The obligation to protect electronically stored data is one thing that doesn’t change after a coal plant is shut down. In order to understand the legal rules that apply it’s helpful to divide the sources of electronically stored information available in plants into three categories: the operational Continue Reading
Employer’s Guide to Union Organizing Campaigns
In this environment, every employer may find themselves subject to union organizing efforts. Employer's Guide to Union Organizing Campaigns helps you guide your company through every stage of union organizing campaigns, so that you can react quickly, effectively, and legally even before organizing Continue Reading
In Luxury Fashion, the United States Is a Pirate
Luxury fashion is all about design. After design, come quality materials and workmanship, execution, branding, marketing and sales. But it starts and ends with the creative vision—the design—the protection of which is the lifeblood of the industry. China, for years the epicenter of fakes and Continue Reading