December

The sentencing of criminal defendants is a common practice that occurs daily in federal courts across the country. It is uncommon, however, for a criminal defendant to thank the sentencing judge for their sentence and initiate a hug with the judge who then comes off the bench to greet the defendant.

In labor and employment claims, one of the first issues that attorneys representing both plaintiffs and defendants must consider is whether the employee and employer are “covered” under one or more statutes that may be in play in any given factual setting.

Since the 1990s, more and more litigants have turned to third parties for financial support in meeting their litigation costs. In alternative litigation financing (ALF), an investor provides a cash payment to a litigant in return for a share of any recovery in the case. As ALF has become more widespread, it has become the subject of significant debate.

The wisdom of the administrative state, which has its roots in the Progressive and New Deal Eras, is much debated today in all three branches of the federal government. Given the stakeholders who benefit from regulation and those who seek to dismantle the regulatory-agency model, there is every reason to think that suits challenging decisions of the United States, including the president and federal agencies, will increase in the coming years for two reasons.

When a merger or corporate acquisition is the subject of Department of Justice (DOJ) or Federal Trade Commission (FTC) review, market definition is generally the primary disputed issue. In reviewing a proposed merger or acquisition, the DOJ, FTC, or - if litigation ensues - a court, analyzes whether the proposed deal will have an adverse economic impact on the market in which the companies that are the subject of the merger operate.

A look at all of the upcoming CLE events that the Federal Bar Association has to offer in 2018.