Resources Archives
2025
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Steve Herman Explores Northern District of Illinois’ Decision to Allow Financing Company to Pursue Federal Antitrust Claims
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Tad Bartlett Summarizes November 2025 Court Opinions on Take the Fifth
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October 2025 Court Opinions Recapped on Tad Bartlett’s Take the Fifth Blog
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Steve Herman Examines ABA’s Formal Opinion on Discrimination in Jury Selection, Including Reliance on Consultants & AI
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Tad Bartlett Talks “Starting, Statistics, and Second Chances” on the Texas Appellate Law Podcast
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Year-in-Review Analysis of Fifth Circuit Rulings on Tad Bartlett’s Take the Fifth Blog
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Steve Herman Examines Fifth Circuit’s “Class Certification” Approach to Article III Standing at Certification Stage
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Tad Bartlett Summarizes August 2025 Court Opinions on Take the Fifth Blog
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Steve Herman Summarizes 6th Circuit’s En Banc Reversal of GM Transmission Certification on Commonality & Predominance Grounds
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July 2025 Court Opinions Recapped on Bartlett’s Take the Fifth Blog
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Steve Herman Explores Texas Supreme Court Decision That Its Anti-Barratry Laws Do Not Apply to Conduct in Other States
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Scott Willis Featured on The Deep Dirt Dive – A Real Estate Law Podcast Presented by the American College of Real Estate Lawyers
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Jason Burge Talks “Litigation in Louisiana” in Recent Blog Interview
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Tad Bartlett Summarizes June 2025 Court Opinions on Take the Fifth Blog
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Herman Reemphasizes “Reasonably Should Know” Standard After Mid-Trial Social Media Post Results in $43MM Jury Verdict Reversal
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May 2025 Court Opinions Recapped on Bartlett’s Take the Fifth Blog
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Tad Bartlett Publishes April 2025 Court Opinions on Take the Fifth Blog
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Herman Examines ABA’s Formal Opinion for Lawyers Advising Organizational Clients, Including Potential Constituent Conflicts of Interest or Personal Risk
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Bartlett’s Take the Fifth Blog Recaps March 2025 Court Opinions
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Enhancing Your Argument Through Jury Testing | Method #3: Shadow Juries
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Enhancing Your Argument Through Jury Testing | Method #2: Mock Trials
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February 2025 Court Opinions Recapped on Bartlett’s Take the Fifth Blog
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Scott Willis Published in the American Law Institute Continuing Legal Education’s Magazine, The Practical Real Estate Lawyer
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Enhancing Your Argument Through Jury Testing | Method #1: Focus Groups
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Bartlett Recaps January 2025 Court Opinions on Take the Fifth Blog
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Fosamax Cases Allowed to Proceed: Herman Examines U.S. Third Circuit’s Rejection of Merck’s Preemption Claims
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December 2024 Court Opinions Recapped on Bartlett’s Take the Fifth Blog
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Herman Reviews 6th Circuit’s Rejection of GM’s Article III Standing & Predominance Challenges to Class Cert Ahead of Rehearing En Banc
2024
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Bartlett’s Take the Fifth Blog Recaps November 2024 Court Opinions
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5th Circuit Reverses District Court & Awards Benefits to ERISA Plan Participant for Hospitalization: Herman Examines Dwyer v. United Healthcare
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Ethical Rules for Using Generative AI in Your Practice | Model Rule 8.4(g): Misconduct
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Bartlett Recaps October 2024 Court Opinions on Take the Fifth Blog
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Ethical Rules for Using Generative AI in Your Practice | Model Rule 5.5: Unauthorized Practice of Law
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Year-in-Review Analysis of 2024 Fifth Circuit Rulings on Bartlett’s Take the Fifth Blog
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Ethical Rules for Using Generative AI in Your Practice | Model Rules 1.7 and 1.8
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Key Issues in Class Action Lawsuits & the Application of Tolling Principles: Herman Examines the Zaragoza v. Union Pacific Railroad Decision
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Ethical Rules for Using Generative AI in Your Practice | Model Rule 1.5 and “Black Box” Concerns
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September 2024 Court Opinions Recapped on Bartlett’s Take the Fifth Blog
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Ethical Rules for Using Generative AI in Your Practice | Potential Copyright (and Patent) Issues
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Ethical Rules for Using Generative AI in Your Practice | Model Rule 1.6: Confidentiality
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Bartlett Recaps August 2024 Court Opinions in New Take the Fifth Blog Post
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Ethical Rules for Using Generative AI in Your Practice | Model Rules 5.1 & 5.3: Supervision of Associates and Non-Lawyer Assistance
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Examining Ethical Rules for Using Generative AI in Your Practice | Model Rule 3.3: Candor Toward the Tribunal
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Bartlett Recaps July 2024 Court Opinions in New Take the Fifth Blog Post
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Examining Ethical Rules for Using Generative AI in Your Practice | Model Rule 1.1: Competence
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Bartlett’s Take the Fifth Blog Recaps June 2024 Court Opinions
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Are Retailers Responsible for Publicly Promoted Products: Herman Details Fifth Circuit’s Recent Reversal in Defective Baby Formula Case
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How to Ask the Tough Questions in the Boardroom | Tip #9: Have the Courage of Your Convictions
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May 2024 Court Opinions Recapped on Bartlett’s Take the Fifth Blog
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How to Ask the Tough Questions in the Boardroom | Tip #8: Don’t Be Afraid to “Go Public”
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How to Ask the Tough Questions in the Boardroom | Tip #7: Mix and Mingle
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Defining Liability: Herman Reports on U.S. 5th Circuit Reversal of EPA Order Regarding PFAS in Plastic Containers
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Bartlett Quoted by Bloomberg Law® on Fifth Circuit Review of Nasdaq Board Diversity Rules, Provides Post-Argument Analysis
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Bartlett’s Take the Fifth Blog Recaps April 2024 Court Opinions
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How to Ask the Tough Questions in the Boardroom | Tip 6: Ask the Experts for Help
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How to Ask the Tough Questions in the Boardroom | Tip #5 for Directors: Have an Attitude of Constructive Skepticism
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How to Ask the Tough Questions in the Boardroom | Tip #4 for Directors: Understand Your “Mandate”
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March 2024 Court Opinions on Bartlett’s Take the Fifth Blog
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Herman Reviews Eleventh Circuit Rejection of FIFRA Preemption in Roundup Case, Discusses Future Failure to Warn Claims
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How to Ask the Tough Questions in the Boardroom | Tip #3 for Directors: Do Your Homework
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How to Ask the Tough Questions in the Boardroom | Tip #2 for Directors: Don’t Be a Lone Wolf
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February 2024 Court Opinions Recapped on Bartlett’s Take the Fifth Blog
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How to Ask the Tough Questions in the Boardroom | Tip #1 for Directors: Understand the Board Dynamic
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Bartlett Reviews January 2024 Court Opinions on Take the Fifth Blog
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December 2023 Court Opinions on Bartlett’s Take the Fifth Blog
2023
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Dischargeable Versus Nondischargeable: Two Fishman Haygood Student Loan Cases Cited in CFPB Warning to Servicers
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Bartlett’s Take the Fifth Blog Recaps November 2023 Court Opinions
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Bartlett’s Take the Fifth Blog Recaps October 2023 Court Opinions, Tracks New Statistic
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Bartlett’s Take the Fifth Blog: 2022-2023 Annual Recap
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September 2023 Court Opinions on Bartlett’s Take the Fifth Blog
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Elmer Offers a Brief Look at Direct SPAC Cases
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Bartlett Reviews August 2023 Court Opinions on Take the Fifth Blog
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Burge Details Risks of Securities-Backed Loans in PIABA Bar Journal Article
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July 2023 Court Opinions Recapped on Bartlett’s Take the Fifth Blog
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Bartlett’s Take the Fifth Blog Recaps June 2023 Court Opinions
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Disney’s Victory in “Don’t Say Gay” Corporate Records Dispute a Lesson in Sound Board Governance
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Supreme Court Justices Resolve Circuit Split in Favor of Simplified Preservation Requirements as Urged by Wells
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Finding the Right Experts: Swanson, Reichard Discuss the Power of Connection Versus Plain Know-How
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May 2023 Court Opinions on Bartlett’s Take the Fifth Blog
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Bartlett Reviews April 2023 Court Opinions on Take the Fifth Blog
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Bartlett’s Take the Fifth Blog Recaps March 2023 Court Opinions
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The “E” in ESG: Companies Grapple with Expectations and Lack of Guidance Amidst Rise in “Greenwashing” Lawsuits
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February 2023 Court Opinions on Bartlett’s Take the Fifth Blog
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Burge Discusses Upcoming 2nd Circuit Decision on Bankruptcy Court Jurisdiction After Nationwide Navient Injunction
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January 2023 Court Opinions Recapped on Bartlett’s Take the Fifth Blog
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Bartlett’s Take the Fifth Blog Covers December 2022 Court Opinions