As the Revolving Door Turns: Government Lawyers Entering or Returning to Private Practice and Conflicts of Interest
Government lawyers regularly leave public service for private law practice — often through the same revolving door that launched their public careers. The law firms they join or to which they return welcome them because of the experience they gained, and the expertise they developed, while in the government. The challenge for former government lawyers and their law firms is recognizing and managing conflicts of interest that sometimes arise out of lawyers’ government service.
Sequencing in Damages
Tort law consists of multiple doctrines governing the assignment of liability and the calculation of damages. But in what sequence should courts apply these doctrines? Does it matter, for example, whether a court applies comparative fault before or after mitigation of damages?
Column on Arbitration Case Before U.S. Supreme Court
Samuel Estreicher, Rex Heinke and Jessica Weisel delve into an upcoming arbitration case before the Supreme Court of the United States that “asks the Court to resolve a circuit split over the role, if any, that federal courts should play in facilitating discovery in foreign arbitrations.”
What Is the Uniform Commercial Code?
In this video, Teresa Wilton Harmon, Marsha E. Simms, Steve O. Weise, Neil B. Cohen, and Troy A. Mackenzie discuss how the Uniform Commercial Code has promoted safe, predictable, reliable commerce for businesses and consumers throughout the United States.
Infected Judgment: Problematic Rush to Conventional Wisdom and Insurance Coverage Denial in a Pandemic
The COVID-19 pandemic created not only a public health crisis but also an insurance coverage imbroglio, prompting near-immediate business interruption claims by policyholders impacted by government restrictions ordered in response to the pandemic. Insurers and their representatives “presponded” to the looming coverage claims by quickly moving to denigrate arguments for coverage, engaging in a pre-emptive strike that has largely worked to date, inducing too many courts to rush to judgment by declaring—as a matter of law—that policy terms such as “direct physical loss or damage” do not even arguably encompass the business shutdowns resulting from COVID-19.
Ending the Use of Customer Arbitration
A recent article published in the New York Times discusses Amazon’s change to its legal complaints process for its customers. Until recently, Amazon customers were required to pursue disputes with the company through a private arbitration process instead of through the courts.
The ALI Adviser is intended to inform readers about the legal topics and issues examined in many of ALI’s current projects; posts do not necessarily represent the position of the Institute taken in those projects. Posts on The ALI Adviser are written by ALI project participants, ALI members, and outside sources.