Publications
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06.29.2023Personal Jurisdiction and Foreign Corporation Registration Statutes: A Purple Haze, but the Sky Is Not FallingUpdatesThe U.S. Supreme Court has held—by a 5-4 margin—that it did not violate due process for a Pennsylvania court to exercise jurisdiction over an asbestos case with no connection to Pennsylvania because of a unique Pennsylvania foreign corporation registration statute that requires consent to general jurisdiction to do business in the state.
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05.24.2023Supreme Court To Review Critical Case on Deference to Administrative AgenciesUpdatesThe U.S. Supreme Court has accepted review of a case taking direct aim at “overregulation” by federal administrative agencies. Any client that routinely deals with federal administrative agencies—especially those who have experienced administrative overreach—should pay attention and consider weighing in.
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06.01.2022Supreme Court Reinstates Injunction Against Texas Social Media LawUpdatesIn a 5-4 decision, the U.S. Supreme Court vacated the U.S. Court of Appeals for the Fifth Circuit’s stay of a temporary injunction in NetChoice, LLC v. Paxton, a closely watched case involving a novel Texas law purporting to bar “social media platforms” from engaging in “viewpoint” discrimination.
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11.2021This Is WritingArticlesWho are you as a writer? Who are you trying to be? Do you even know if you are trying to be something? If you are like me, you probably began your path as a lawyer consciously or unconsciously adopting styles and personas from those around you, or from long-gone writers in case books.
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10.2020Speaking of CasesArticlesThere is a Monkey’s Paw quality in modern technology. For example, we get on some social network app and for a brief period feel like we’ve reinvigorated friendships, made happy new connections, did some gratifying stalking—then a year later, it feels like we’re constantly confirming that everyone has better bodies, dinners, mates, vacations, jobs, children, and pets than we do, and come about mid-February in the lower-Alaska of Puget Sound you stare at the crusted ceiling of your bedroom for disturbingly long periods every dark morning until your (actually quite excellent) dog enters and nudges you out of canine concern that you won’t be feeding her or going to work like a responsible adult (this is all hypothetical).
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10.2019Appellate Tip-Stop With the Explanatory Parentheticals (Please)ArticlesIf I could give just three tips on legal writing, they would probably be the following:(1) in every document, section, paragraph, and sentence, get to the point; (2) write in a conversational style, using words and phrases that you would speak in intelligent oral communication, discarding from your writing words and phrases that you don’t use when speaking; and (3) choose presentation methods that are reader friendly, and if in doubt, let reader friendliness be your guide, not templates or superstitions.
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07.2018Breaking the Fourth WallArticlesThe “fourth wall” is the invisible wall between the audience and a performance. Normally, performers perform without acknowledging the audience or that they are performing. Characters breaking the fourth wall, however, talk directly to the audience or otherwise show awareness that they are in a performance.
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06.01.2017Supreme Court Continues Rule-based Refinement of Personal JurisdictionUpdatesOn May 30, 2017, the U.S. Supreme Court handed down yet another personal jurisdiction opinion emphasizing clear rules as to when out-of-state defendants may be haled into court.
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02.06.2017Judge Neil Gorsuch, the Supreme Court and Product Liability LitigationUpdatesWhat does the nomination of Judge Neil Gorsuch for the U.S. Supreme Court mean for product liability litigation?
This update was republished in Law360 on 02.08.2017, "Justice Gorsuch And Product Liability Litigation." -
02.29.2016Antonin Scalia — A Justice in FullArticlesNational Review asked colleagues, friends, and family members of the late Justice Antonin Scalia to say some words about his mind and character.
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09.01.2015Seventh Circuit Answers Key Admiralty Law QuestionsArticles
Law360
Presentations
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09.09.2016Good Writing and EditingSpeaking EngagementsSun Valley, ID
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08.22.2016Trade Secret Issues of Interest 2016Speaking EngagementsSeattle, WA
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05.09.2016Disclosing Adverse Authority and the Duty of CandorSpeaking EngagementsKing County Bar Association / Seattle, WA
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04.26.2016Reader Friendly Legal WritingSpeaking EngagementsLos Angeles, CA
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12.16.2015Supreme Court UpdateSpeaking EngagementsSeattle, WA
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06.19.2015Legal Developments: Personal JurisdictionSpeaking EngagementsSeattle, WA
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03.06.2015Reader Friendly Legal WritingSpeaking EngagementsPhoenix, AZ