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ARTICLES	TREATISES

Interviews with, and profiles of, our lawyers Articles on Supreme Court Practice Articles on Appellate Practice Generally Other Articles	Supreme Court Practice Business and Commercial Litigation in Federal Courts

INTERVIEWS WITH, AND PROFILES OF, OUR LAWYERS

	Supreme Court Addresses Volt's Choice-of-Law Trap: Is the End of the Problem in Sight? By Parasharami, Archis A. And Ranlett, Kevin S. (.pdf format) Punitive Precision (Evan Tager and Andrew Frey discuss jury instructions in punitive damages cases in the ABA Journal Article "Punitive Precision", June 10, 2004.) An Interview With Steve Shapiro: The Art of Appellate Advocacy (Published by The Journal of the Seventh Circuit Bar Association, Volume 2.) Evan Tager named one of 12 leading appellate lawyers in DC (This article is reprinted with permission from Legal Times, July 19, 2004) (.pdf format) Appellate lawyers' version of high wire act: Oral argument (Stephen Shapiro discusses strategies for oral argument in a Chicago Daily Law Bulletin article written by Daniel C. Vock, April 24, 2004) (.pdf format) Courtside, Court Aces (Ken Geller and Tim Bishop comment on Supreme Court practice. An article in Legal Times by Tony Mauro, July 14, 2003) (.pdf format) Timeline Tightens for Campaign Finance Case: Supreme Court Awaits Ruling From Judges as Term Starts Drawing to a Close (Ken Geller comments on McCain-Feingold campaign finance case. An article in Washington Post written by Neely Tucker) Partner Philip Lacovara was one of the lawyers to reenact an 1824 landmark Supreme Court case, Gibbons v. Ogden. (Program was sponsored by the Supreme Court Historical Society) (.pdf format) Eileen Penner, Lee Rubin cited among National Law Journal's "40 under 40" list of America's most successful young litigators Bishop Moves to Secure Court Win (.pdf format) Conversations with The Honorable Dick Thornburgh (published by Washington Legal Foundation) By Frey, Andrew L. And Tager, Evan M. (.pdf format) May It Please the Court (An article written by Christine Hogan, in the ABA's journal Litigation, that discusses the assistance she received from Mayer, Brown, Rowe & Maw LLP's Steve Shapiro and Ken Geller in preparing for her first argument before the Supreme Court.) (.pdf format) He Makes Mark as Legal Sleuth - Perry Mason Look-alike Enjoys Finding Solutions (An article on Andrew Frey in Los Angeles Daily Journal written by David F. Pike. ) A Legal Academic - High Court Litigator Takes special Pride Seeing Name on Book (An article on Kenneth Geller in Los Angeles Daily Journal written by David F. Pike.) An Interview with Steve Shapiro Foe of Punitives Tries to Nudge The Court Andrew Frey Carefully Builds a Body of Law as he Aims For The Prize - A Win From The Justices. (An article on Andrew Frey in The National Law Journal written by Marcia Coyle.)
ARTICLES ON SUPREME COURT PRACTICE

	Non-Capital Stay Applications In The United States Supreme Court: A Procedural Primer By Chanoine, Hannah Y.S. Tip of the Month, March 2009 - Preservation of Dynamic or Transitory Systems By Jason Fliegel And Gabrielle Butcher Journal of International Arbitration: Finality over Choice: Hall Street Associates, L.L.C. v. Mattel, Inc. (U.S. Supreme Court) By Tyler, Timothy And Parasharami, Archis A. Oral Arguments in the Roberts Court By Bishop, Timothy S. Tips on Petitioning for and Opposing Certiorari in the U.S. Supreme Court By Bishop, Timothy S. , Sarles, Jeffrey W. And Kane, Stephen J. Client Alert - Supreme Court Hears Oral Argument in Stoneridge Case to Address "Scheme" Liability Under Section 10(b) Tips on Petitioning for Certiorari In the U.S. Supreme court By Bishop, Timothy S. , Sarles, Jeffrey W. And Kane, Stephen J. The Incredible Shrinking Court; If Their Productivity Were Measured By Private Sector Standards, The Supremes Might Receive Pink Slips (This article is reprinted with permission from the December 2003 edition of American Lawyer " © 2003 ALM Properties, Inc. All rights reserved. Further duplication without permission is prohibited) By Lacovara, Philip Allen (.pdf format) Certiorari Practice:The Supreme Court's Shrinking Docket By Shapiro, Stephen M. Petitioning the U.S. Supreme Court for Certiorari: A Primer By Bishop, Timothy S. And Sarles, Jeffrey W. Opposing Certiorari in the U.S. Supreme Court By Bishop, Timothy S. Opposing Review: The Art of Finding "Uncertworthiness" By Frey, Andrew L. , Geller, Kenneth S. And Harris, Daniel. Opposing Cert: Addressing the Issues Presented By Frey, Andrew L. , Geller, Kenneth S. And Harris, Daniel Amicus Briefs in the Supreme Court By Shapiro, Stephen M. Oral Argument in the Supreme Court of the United States By Shapiro, Stephen M. Oral Argument in the Supreme Court: The Felt Necessities of the Time By Shapiro, Stephen M. Epitaph for Mandatory Jurisdiction By Stern, Robert L. , Gressman, Eugene. And Shapiro, Stephen M. William Pinkney: The Supreme Court's Greatest Advocate By Shapiro, Stephen M. Rebels at the Supreme Court Bar By Shapiro, Stephen M.
ARTICLES ON APPELLATE PRACTICE GENERALLY

	The Class Action Fairness Act, five years later By Parasharami, Archis A. And Ranlett, Kevin S. California Supreme Court Ruling on UCL Standing Requirement May Open the Floodgates to Frivolous Suits By Parasharami, Archis A. Removing the ''Fail-Safe'' Class Action Under CAFA By Parasharami, Archis A. The Nation's New Lawsuit Capital? By Parasharami, Archis A. Rescuing a Rule of Reason Claim by Aggregating the Effects of Noncollusive, Noncoercive Agreements -- A New Litigation Threat For Industry Standard Contracting Practices? By Falk, Donald M. And Tan, Tai Lui Effective Brief Writing (in Federal Appellate Practice, BNA, 2008) By Tager, Evan M. Preserving Insufficiency: Tips for Avoiding Forfeiture of Sufficiency of the Evidence Arguments Under Rule 50 (The Circuit Rider, May 2009) By Yount, Joshua D. How Will Seventh Circuit Pleading Requirements and Dismissal Standards Change in the Wake of Bell Atlantic (The Circuit Rider, January 2008 ) By Yount, Joshua D. Wasteful and Disruptive Motions (The Circuit Rider, May 2007 ) By Yount, Joshua D. What to do Before, During and After Oral Argument: Averting Disaster (The Circuit Rider, November 2006) By Yount, Joshua D. Amici Curiae: Friends of the Court or Nuisances? By Frey, Andrew L. Preparing and Delivering Oral Argument By Frey, Andrew L. Arguing for Changes in the Law By Schroeder, James C. And Dow, Robert M. Jr. How to Write a Good Appellate Brief By Frey, Andrew L. And Englert, Roy Questions, Answers, and Prepared Remarks By Shapiro, Stephen M. Tips on Preserving Arguments for Appeal By Tager, Evan M.
OTHER ARTICLES

2007 TERM

	Riegel v. Medtronic: A Victory for Patients and Device Manufacturers in the US (This article originally appeared in Regulatory Affairs Journal: Devices, March/April 2008. Reprinted by permission.) By Geller, Kenneth S. And Gossett, David M. (.pdf format) Antitrust and the Roberts Court (Reprinted with permission from Antitrust Magazine.) (.pdf format)
2006 TERM

	Andy Pincus comments on the school desegregation cases By Pincus, Andrew
2005 TERM

	The Unsinkable Center - Given the chance to tilt, the Supreme Court maintains its delicate balance. (This article is reprinted with permission from Legal Times, July 17, 2006) By Rothfeld, Charles A. (.pdf format)
2003 TERM

	The Court in Balance: Charles Rothfeld on the 2003 Term (This article is reprinted with permission from Legal Times) By Rothfeld, Charles A.
2002 TERM

	A Dozen Experts Explain the Court (reprinted with permission from Legal Times) By Morris, Andrew (.pdf format) The Implications Of State Farm v. Campbell For The Future Of Punitive Damages In Bad Faith Litigation By Tager, Evan M. (.pdf format)
2000 TERM

	Reading Between the Lines of Cooper Industries, Inc. v. Leatherman Tool Group, Inc By Tager, Evan M. (.pdf format) One For the Birds: The Corps of Engineers' "Migratory Bird Rule" By Bishop, Timothy S. And Waldinger, Kyle F. (.pdf format)
1999 TERM

	Fighting Fire Before the High Court By Falk, Donald M. Supreme Court Rulings in Business Cases Covered a Broad Range By Falk, Donald M.
1998 TERM

	Supreme Court's Kumho Decision a Boon to Public By Geller, Kenneth S. And Lackey, Michael E., Jr. Bad Faith Experts After Kumho By Tager, Evan M. , Penner, Eileen And Untereiner, Alan The Supreme Court Clamps Down on Media Ride-Alongs By Sarles, Jeffrey W. And Touhy, John M.
FEDERAL PREEMPTION

	Federal Preemption: Two Renditions of a Fundamental Theme Response By Geller, Kenneth S. And John Sullivan Is There a 'Noncompliance' Exception to Federal Preemption? By Geller, Kenneth S. And Untereiner, Alan Recent Developments In Medical Device Preemption Law (This article originally appeared in Products Liability, the newsletter of the ABA Section of Litigation, Committee on Products Liability Litigation. Copyright 2005, American Bar Association. All rights reserved. Reprinted by permission.) By Gossett, David M.
PUNITIVE DAMAGES

	There's No Right to Punitives (The National Law Journal, April 14, 2008) By Tager, Evan M. Exxon Shipping Provides Court Welcome Opportunity on Excessive Punitive Damages By Tager, Evan M. Philip Morris USA v. Williams: Applicability to Bad-Faith Litigation By Tager, Evan M. (.pdf format) Philip Morris USA v. Williams: Another Brick in The Punitive Damages Wall By Tager, Evan M. (.pdf format) State Farm at Three: Lower Courts' Application of the Ratio Guidepost By Levin, Nickolai G. And Goldman, Lauren Rosenblum (.pdf format) The Impact of State Farm v. Campbell: A Two-Year Retrospective By Tager, Evan M. Corporate Wealth: The 800 Pound Gorilla That Sabotages Fair Adjudication of Punitive Damages (Published in Litigation, Spring 2004. Reprinted by permission.) By Frey, Andrew L. No More Blind Man's Bluff on Punitive Damages (Published in Litigation, Volume 29, No.4, Summer 2003) By Frey, Andrew L. (.pdf format) The Implications Of State Farm v. Campbell For The Future Of Punitive Damages In Bad Faith Litigation By Tager, Evan M. (.pdf format) Punitive Damages After BMW North America, Inc. v. Gore By Tager, Evan M. Punitive Damages Claims in Environmental Tort Cases: Lessons from Johansen v. Combustion Engineering, Inc. By Tager, Evan M. (.pdf format)
STATE TAXATION

	Quill: Confusing the Commerce Clause By Rothfeld, Charles A. (.pdf format) Section 1983 Tax Litigation in the State Courts By Rothfeld, Charles A. (.pdf format) Scheiner's Next Wave: Distinguishing Taxes from Fees under the Commerce Clause By Rothfeld, Charles A. (.pdf format) From Japan Line to Barclays: The Rise and Fall of the Foreign Commerce Clause By Rothfeld, Charles A. (.pdf format)
MISCELLANEOUS

	US Courts Wrestle with 'Manifest Disregard' after Hall Street (International Arbitration Perspectives, Summer 2009) By Sarles, Jeffrey W. Watch Out for the Patent Marking Trolls (The Chemical Engineer, Issue 827, May 2010, at page 22-23) By Sarles, Jeffrey W. Factors Affecting Rule 23(F) Petitions For Immediate Review of Class Certification Decisions (The Circuit Rider, November 2009) By Sarles, Jeffrey W. Drafting Fair, Effcient and Enforceable Arbitration Agreements (Counsel to Counsel, May 2008) By Tager, Evan M. A Portrait of the Next Chief (This article is reprinted with permission of The Circuit Rider, A Journal of the Seventh Circuit Bar Association) By Shapiro, Stephen M. , Frey, Andrew L. And Geller, Kenneth S. Under Threat - Supreme Court Should Tell Judges to Balance Equities Before Squashing Infringers with Injunctions By Pincus, Andrew Does The Endangered Species Act Regulate Commerce? By Bishop, Timothy S. Advice to Solicitor General Must Remain Confidential By Frey, Andrew L. , Geller, Kenneth S. , Lacovara, Philip Allen And Shapiro, Stephen M. Prospective Application Of Proposition 64 To Pending UCL Representative Actions (First published in Mealey's Litigation Report: California Section 17200, Volume 3, Issue 4, December 2004) By Falk, Donald M. And Johnson, Jay C. (.pdf format) Chevron Take Two: Deference to Revised Agency Interpretations of Statutes By Gossett, David M. (.pdf format) Why Claims Under the Securities Act of 1933 Are Removable to Federal Court By Graves, Fatima Goss And Morris, Andy Defeating Class Certification in Single-Building / Multiple-Occupant Mold Exposure Cases By Summers, Carl J. (.pdf format) Confidentiality - 7th Circuit's Challenge (By William E. Deitrick & Audrey Fried-Grushcow) Smart Growth or Dumb Bureaucracy? (Reproduced with permission from The Environmental Law Institute - www.eli.org) By Bishop, Timothy S. (.pdf format) Defeating Class Certification in Securities Fraud Actions By Bishop, Timothy S. And Roosevelt, Kermit (.pdf format) The Constitutional Limitations On Class Actions By Tager, Evan M. (.pdf format) Supersedeas Bonds: A Crushing Burden By Bishop, Timothy S. And Sarles, Jeffrey W. Judicial Restraint on Bank Regulatory Issues By Shapiro, Stephen M. , Fontaine, Mary C. And Best, Edward S. Breathing New Life Into State Takeover Statutes By Shapiro, Stephen M. And Strauss, Jeffrey M. Antitrust and Refusals To Deal After Nynex v. Discon By Falk, Donald M. (.pdf format)
ARBITRATION

	Federal Courts Reject Class Action Waivers in Arbitration Clauses By Falk, Donald M. And Parasharami, Archis A. State High Court Condemns Arbitration Provisions That Don't Allow Class Actions By Falk, Donald M. And Parasharami, Archis A. Solving the Arbitral Confidentiality Conundrum in International Arbitration By Sarles, Jeffrey W. (.pdf format) Familiarity With BITS Essential For U.S. Companies Considering Foreign Investments (This article was originally published in BNA's Corporate Counsel Weekly on February 28, 2007.) By Sarles, Jeffrey W. (.pdf format) Arbitrator, I Want My Money Back! Why the Minority View that Product Warranty Claims May Not Be Arbitrated is Wrong (Reprinted with permission from the Dispute Resolution Journal.) By Gossett, David M. And Parasharami, Archis A. (.pdf format) California Decision Upholding Class Action Arbitrations Under the FAA Threatens to Undermine Benefits of Arbitration By Sarles, Jeffrey W. Generic Arbitration Clauses are Bad Medicine By Sarles, Jeffrey W.

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