Say Whaaat? The Sixth Circuit Debates “Corpus Linguistics” as a Tool for Statutory InterpretationA seemingly routine Sixth Circuit appeal involving the interpretation of the federal Employee Retirement Income Security Act statute (ERISA) recently sparked an interesting debate between two Circuit Judges — Amul Thapar and Jane Stranch — on the use of “corpus linguistics” in statutory interpretation. In Wilson v. Safelite Group, Inc., the court affirmed summary

You’ve Got Issues:  Making a Case for Deep-Issue StatementsWhat’s the first thing that judges and law clerks read in an appellate brief?  The certificate of interested parties, the table of contents, and the table of authorities are matters of form, and, while important, they don’t convey a message.  But a well-written issue statement can frame the narrative, preview the argument, and persuade the

Clawing Back Secrets after Shane GroupIt is clear by now that the federal courts in Tennessee are not a safe place for most sensitive business information. Legitimate trade secrets are safe. Well-established privileges (e.g., attorney-client privilege) still apply. And the courts still respect statutory requirements to protect things like personal health information. But unless your sensitive business information is a