Southeast

November 12, 2009
Q&A With Becker & Poliakoff's Peter Quinter

The concepts of "border security," "homeland security," and "food safety and security" in the United States have created a growing demand for legal experts in international trade, and compliance with the alphabet soup of federal agencies will continue to be acute and likely intensify, says Peter A. Quinter, chair of Becker & Poliakoff PA's customs and international trade group.
November 11, 2009
Q&A With EpsteinBeckerGreen's Michael Kun

Virtually every aspect of wage-and-hour collective actions (and, in California, class actions) needs to be reviewed and revamped, says Michael Kun, national co-chair of the wage-and-hour, individual and collective action group at EpsteinBeckerGreen.
November 10, 2009
Q&A With Stites & Harbison's Michael Risley

It sometimes seems that some appeals are not fully analyzed, with the appellate court simply affirming whatever was done by the lower court, says Michael D. Risley, co-chair of the appellate advocacy group at Stites & Harbison PLLC.
November 5, 2009
Q&A With Bose McKinney & Evans' Scott Tarter

Young lawyers should not limit their job searches to the East and West coasts, as the days of international trade expertise residing in only those areas are over, says Scott E. Tarter, chair of the international law practice group at Bose McKinney & Evans LLP.
November 4, 2009
Q&A With Steptoe & Johnson's Ancil Ramey

The best way of improving your skills at appellate advocacy is to identify well-written appellate opinions, secure a copy of the briefs in those cases and, if possible, listen to recordings or read transcripts of the oral arguments, says Ancil Ramey, an appellate attorney for Steptoe & Johnson PLLC.
November 4, 2009
Q&A With Ogletree's Craig Cleland

The law is always in flux, but the constant seesawing between U.S. Supreme Court decisions and later congressional action on labor matters has spawned unpredictability and unnecessary complexity, and doesn’t serve employers or employees well, says A. Craig Cleland, co-chair of Ogletree Deakins Nash Smoak & Stewart PC's class action practice group.
October 29, 2009
Q&A With Briggs & Morgan's Diane Bratvold

The biggest problem for an appellant is that it is very difficult to overturn a lower court opinion, while the biggest problem for an appellee is that they may be so comfortable in victory that they don't see the problems with their position, says Diane B. Bratvold, a shareholder in Briggs & Morgan PA's appellate practice group.
October 28, 2009
Q&A With Patton Boggs' Giovanna Cinelli

Regardless of the recent announcements concerning a wholesale revamping of U.S. export laws, export restrictions have been in place since the Revolutionary War and are unlikely to fundamentally change, says Giovanna M. Cinelli, chair of the export control practice group at Patton Boggs LLP.
October 23, 2009
Q&A With Kilpatrick Stockton's Adam Charnes

The Supreme Court has pending on its docket a large number of significant cases this fall. Two of particular interest are Citizens United v. Federal Election Commission and Bilski v. Doll, says Adam H. Charnes, a partner with Kilpatrick Stockton LLP in the firm's appellate practice.
October 19, 2009
Q&A With Baker Donelson's Buck Lewis

The three biggest problems with all appellate processes are delay, delay and delay, says George T. Lewis, chair of the appellate practice litigation group at Baker Donelson Bearman Caldwell & Berkowitz PC.
October 16, 2009
Q&A With Proskauer Rose's Edward Brill

The principal problem that is most obviously seen in the federal appellate system is delay, says Edward A. Brill, co-chair of Proskauer Rose LLP's appellate practice group.
October 14, 2009
Q&A With Duane Morris' George Nemphos

Investors are very excited about the convergence of mobile technology with the Internet, and a great deal of money will be spent in these markets, which will hopefully spark a great deal of innovation, says George J. Nemphos, a member of Duane Morris LLP's corporate practice group and managing partner of the firm's Baltimore office.
October 13, 2009
Q&A With Faegre & Benson's Aaron Van Oort

The single biggest problem with the U.S. appeals process is delay, particularly in courts such as the U.S. Court of Appeals for the Ninth Circuit where it takes literally years to get from the notice of appeal to a decision, says Aaron D. Van Oort, co-chair of Faegre & Benson LLP's appellate advocacy practice.
October 6, 2009
Q&A With Mayer Brown's Bob Bloch

The greatest antitrust “reform” would be more transparency in decision-making and more public explanations about underlying policy in major areas of enforcement, as well as the processes by which decisions are made in each agency, says Robert E. Bloch, an antitrust partner at Mayer Brown LLP.
September 30, 2009
Q&A With Gibson Dunn's Thomas Hungar

The Bilski case at the Supreme Court is fascinating and hugely important. Many patent lawyers are hopeful the court will be more liberal than the Federal Circuit in defining the subject-matter scope of patentable methods, but those hopes are likely going to be dashed, says Thomas G. Hungar, co-chair of Gibson Dunn & Crutcher LLP's appellate and constitutional law practice group.
September 29, 2009
Q&A With Troutman Sanders' Jim Wheaton

Lately, there has been a troubling tendency of federal and state authorities second-guessing bad business decisions by requiring or coercing clients to waive attorney-client privilege, says James J. Wheaton, leader of Troutman Sanders LLP's mergers, acquisitions and business ventures practice group.
September 29, 2009
Q&A With Proskauer's Mark Harris

The federal appellate courts are inundated with cases and many now operate under declarations of “judicial emergencies” because of vacancies on the bench. This is one aspect of our legal system in which society simply cannot afford to let the status quo persist, says Mark D. Harris, co-head of the appellate law practice at Proskauer Rose LLP.
September 25, 2009
Q&A With Baker Botts' Macey Stokes

The delay in disposition of appeals is a major concern for judges, lawyers and parties alike. The problem is generally more acute in state practice than federal and is due at least in part to underfunding of our judiciary, says Macey Reasoner Stokes, chair of Baker Botts LLP's appellate practice group.
September 21, 2009
Q&A With Gibson Dunn's John Sullivan

Business leaders and investors hate uncertainty, but it is unfortunately the case for large global companies that the rules governing international trade change and conflict with such frequency that uncertainty and risk are difficult to avoid, says John J. Sullivan, co-chair of Gibson Dunn & Crutcher LLP's international trade regulation and compliance practice group.
September 21, 2009
Q&A With Greenberg Traurig's Arthur England

The proliferation of clerks and research assistants for appellate judges and justices puts too much of the decision-making process into the hands of individuals who were neither selected by an appointing authority nor elected by the public to judicial office, says Arthur J. England Jr., co-chair of Greenberg Traurig LLP's national appellate practice group.

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Expert Analysis

Case Study: Hubbard V. BankAtlantic

The Eleventh Circuit's recent decision in Hubbard v. BankAtlantic Bancorp Inc. shows that loss causation remains a formidable obstacle to plaintiffs in securities fraud class actions — even on a post-trial appeal. The case also reflects that conducting an event study, while necessary to prove loss causation, is not necessarily sufficient, say attorneys with Haynes and Boone LLP.
The Valuation Of PUCs In Miss.

The Mississippi Supreme Court has reformed Mississippi eminent domain law with its decision in Dedeaux Util. Co. Inc. v. City of Gulfport, holding that the section of the Mississippi Code which sets the date of valuation of property subject to eminent domain as the date of filing of the complaint is unconstitutional as applied to privately owned public utility companies, says Michael McCabe of Butler Snow O'Mara Stevens & Cannada PLLC.
Social Media: A Double-Edged Sword For Defense Counsel

Many of the risks and obligations arising from attorney Mark O'Mara's social media campaign in the George Zimmerman case are the same or similar to those all counsel face when making public statements about cases in traditional media outlets. But the use of social media puts a new twist on the issues, says Richard Griffith of LeClairRyan.
Implications Of Flagship Credit V. Indian Harbor

The Fifth Circuit’s decision in Flagship Credit Corp. v. Indian Harbor Ins. Co. highlights the significance of the insurance contract and the manner in which terms are used within that contract, say Patrick McDermott and Michael Levine of Hunton & Williams LLP.
Case Study: Polypore V. FTC

In Polypore International Inc. v. Federal Trade Commission, the Eleventh Circuit upheld an FTC decision condemning a merger of two could-be rivals. The decision is noteworthy in its treatment of the potential competition issue, the use of the anti-competitive presumption in such circumstances, and the questions of market definition raised in the case, say attorneys with Mintz Levin Cohn Ferris Glovsky and Popeo PC.
Protecting Insurers And Leaving Policyholders In The Dark

It is unquestionable that the Sixth Circuit's decision in OneBeacon v. Am. Motorists is a win for settling insurers, who by settling are left in peace with no further liability to their policyholder or to any other insurer that otherwise would seek equitable contribution. What is less clear is whether OneBeacon provides a victory for policyholders, say attorneys with Calfee Halter & Griswold LLP.
Case Study: In Re Creekside Senior Apartments

The impact of the Creekside Senior Apartments LP decision by the Bankruptcy Appellate Panel for the Sixth Circuit is significant for low income housing tax credit lenders who may be at risk of a cramdown in the event of a low-income housing project borrower’s bankruptcy if the value of LIHTCs awarded to the project is not considered for purposes of valuing the secured claim, say attorneys with Buchanan Ingersoll & Rooney PC.
The Role Of Manufacturers' Duties In Asbestos Litigation

In Union Carbide Corp. v. Aubin, a Florida court of appeals has reversed a $6.6 million judgment for the plaintiff in an asbestos case, raising interesting issues of the law on design and warning defects, and what constitutes such a warning, says Sean Wajert of Shook Hardy & Bacon LLP.
Osheroff V. Tenet — A Proper Application Of Rule 9(b)

The Southern District of Florida decision in U.S. ex rel. Osheroff v. Tenet Healthcare Corp. properly applies Rule 9(b)’s requirement that the circumstances constituting fraud be pled with particularity by requiring a plaintiff in a false certification based on Stark and Anti-Kickback Statute violations to plead facts demonstrating that inferences of unlawful remuneration are warranted, says Scott Stein of Sidley Austin LLP.
Preparing For The 2012 Atlantic Hurricane Season

Hurricanes that make landfall often cause enormous damage, and with the beginning of tropical storm activity just around the corner, now is the time to prepare your company. Having a properly managed insurance recovery process can mitigate a storm's impact on your business, says Vince Morgan of Pillsbury Winthrop Shaw Pittman LLP.

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