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Your Divorce is Digital

By Cherie Harris On January 5, 2021 · Add Comment · In Substantive Articles
by Chris Meuse Ask yourself: How long has it been since you mailed a love letter? When did you last have film developed? When was the last time you went to your bookshelf to find the answer to a nagging question? Now ask: How long has it been since you checked Instagram? When was the [...]
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Was the forum-defendant rule made to be broken?

By Cherie Harris On November 17, 2020 · Add Comment · In Substantive Articles
Most young lawyers learned in first-year procedure that a case can’t be removed to federal court on the basis of diversity of citizenship when there is an in-state defendant. That rule is commonly referred to as the “forum-defendant rule,” which is codified in 28 U.S.C. § 1441(b)(2). This description of the “forum-defendant rule” has become [...]
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A Wolf in Sheep’s Clothing? A Deep Dive into the Implications of United States Patent & Trademark Office v. Booking.com B.V.

By Cherie Harris On October 27, 2020 · Add Comment · In Substantive Articles
by Chandler Saul and Alexis Swanzy In October Term 2019, the United States Supreme Court considered whether adding a top-level domain—for example “.com”—to a generic term would automatically prohibit Trademark eligibility.[i] In United States Patent & Trademark Office v. Booking.com B.V., the Court refused to hold that such was the case. The Court did utilize [...]
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Don’t Know Why You Say Goodbye I Say Hello – To Class and Collective Action Waivers

By Cherie Harris On June 26, 2018 · Add Comment · In Substantive Articles
by Janet Landry Smith Ogletree, Deakins, Nash, Smoak & Stewart, P.C. Last month, the Supreme Court ruled by a 5-4 vote that arbitration agreements containing a waiver of class and collective proceedings are enforceable, settling an issue that has divided courts for the past six years. The decision represents a victory for employers who have [...]
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E-Discovery: What It Means to Us

By Cherie Harris On March 16, 2015 · Add Comment · In Substantive Articles, The Dicta
by Marisa Jeffrey March 2015 Dicta It’s no secret that the past ten years have seen an e-discovery explosion. The formulation of the federal rules on e-discovery in 2006 only papered the obvious: electronically stored information is the future of complex litigation. As e-discovery becomes commonplace, lawyers are responding. The bottom line is that e-discovery [...]
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Benefit Corporations Make Altruism a Part of Their Legal Fabric

By Cherie Harris On February 10, 2015 · Add Comment · In Substantive Articles, The Dicta
February 2015 Dicta by Rachel L. Williams A growing trend of sustainable and ethically-minded profit-making has laid the foundation for a new legal entity: the benefit corporation. Major companies such as Campbell Soup and Patagonia are incorporating benefit corporations into their corporate structures, often as subsidiaries. Twenty-seven states, including Delaware, California, and New York, have [...]
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Calling the Bullpen When Your Case Is in Crisis

By Cherie Harris On January 19, 2015 · Add Comment · In Substantive Articles, The Dicta
by Heath Cheek January 2015 Dicta It’s the scenario that every client dreads. After hiring counsel to handle a litigation matter, the case goes off the rails. Maybe the current counsel is not devoting enough attention to the case, or maybe the court issued a series of adverse rulings causing the client to lose faith [...]
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Be a Rule Follower: Rule 47

By Cherie Harris On December 1, 2014 · Add Comment · In Substantive Articles
by Joshua M. Sandler and Rafael C. Rodriguez December 2014 Dicta Imagine a scenario whereby you meet a prospective client over lunch and you learn from the client that her company is being sued for breach of contract. She tells you she wants to file a counterclaim for breach of fiduciary duty. So you give [...]
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Approaching and Litigating a Traumatic Brain Injury Case

By Cherie Harris On September 19, 2014 · Add Comment · In Substantive Articles, The Dicta
by Jennifer Lee September 2014 Dicta Everyone knows that a traumatic brain injury is a serious case to defend. The case becomes even more difficult when it is questionable if a traumatic brain injury truly occurred or if someone experienced loss of consciousness and is diagnosed with post-concussive syndrome with continuing symptoms. This is largely [...]
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Proposed Amendments to the Federal Rules of Civil Procedure

By Cherie Harris On July 9, 2014 · Add Comment · In Substantive Articles, The Dicta
by Jennifer Larson July 2014 Dicta Proposed amendments to the Federal Rules of Civil Procedure were approved by the Standing Committee on Rules of Practice and Procedure in May 2014, and will be submitted to the Judicial Conference, who will then submit the proposed amendments to the Supreme Court for review. If approved by the [...]
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From the Expected to the Unexpected: How to Make Force Majeure Clauses Work for Your Client

By Cherie Harris On July 3, 2014 · Add Comment · In Substantive Articles, The Dicta
by Mary U. Irozuru A force majeure clause is a contract provision that excuses a non-performing party’s failure to perform under a contract upon the occurrence of certain events. As a general rule, courts are limited to the express, unambiguous intent of the parties, but may turn to common law where necessary to fill in [...]
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Indemnification Agreements: An Effective Technique for Transferring Risk in Texas

By Cherie Harris On May 21, 2014 · Add Comment · In Substantive Articles, The Dicta
May 2014 Dicta by Angela Buchanan, Sedgwick LLP When businesses enter into relationships with individuals or other businesses, there are generally risks associated with the relationship. For instance, when a business enters into a relationship with a vendor to provide goods, there is a risk that those goods could be defective and could injure someone. [...]
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Beyond Basic Business Formation: Planning for Your Client’s Small Business

By Cherie Harris On May 21, 2014 · Add Comment · In Substantive Articles, The Dicta
April 2014 Dicta by Sarah R. Duff, The Duff Law Firm Entrepreneurs often seek legal advice on business formation, taxes, and the like. Besides advising clients on whether an LLC or partnership is a more advantageous choice, one additional consideration for business owners is an estate plan for the business. Real Reasons to Consider Future [...]
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6 Keys to Recovering Attorneys’ Fees in Texas

By Cherie Harris On January 20, 2014 · Add Comment · In Substantive Articles
by Jennifer McCollum and Nicholas Kennedy, Baker & McKenzie LLP We all know the American Rule—that each party generally pays its own attorneys’ fees. But attorneys’ fees are available more often than you may expect—and when they are, there are six keys to keep in mind. Availability. Does a contract, rule or statute provide for [...]
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Who Can You Trust? Determining Whether a Revocable Living Trust is Right for Your Client

By Cherie Harris On January 20, 2014 · Add Comment · In Substantive Articles
by Jason Lemons It’s almost inevitable. Someday – most likely around 4 p.m. on a Friday afternoon – a potential client will come into your office, certain that they need a living trust. They may have gotten this advice from a relative, attended a seminar or heard about living trusts on television from a syndicated [...]
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