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American Bar Association

Practice Points »

New York Court of Appeals Rules in Case Involving Common Interest Doctrine

Ambac Assurance Corporation v. Countrywide Home Loans, Inc. should interest all commercial litigators for a number of reasons.

Non-Compete Agreements: What Every Company and Employee Should Know

We pull back the curtain on how various states handle these important contracts.

What You Should Know about the Implied Duty of Good Faith and Fair Dealing

Be aware of what you're getting into before signing a large-chain franchise contract.

Articles »

The E-Usual Course of Business: ESI Application to Rule 34 Requirements

By Amanda E. Gordon

What exactly does "the usual course of business" mean in today's electronic world?

Bank Litigation Arising from Check Fraud Schemes and Client Trust Accounts

By Melissa M. Grand

A wide range of individuals can become prey to check fraud, including attorneys.

The Talk about Shell Companies

By Emily Lehmberg

The Panama Papers leak has brought attention to the role of lawyers in moving money offshore.


audio Everyday Ethics from Superhero Attorneys

James Daily discusses the legal ethics issues raised by superhero attorneys such as Matt Murdock (aka Daredevil) and Jennifer Walters (aka She-Hulk). (52:23)

audio Moving from Thoughtless Data Hoarding to Thoughtful Data Strategies: What's the Answer?

Clients, do you know what your law firm does with the data and documents it collected and created once the case is over or the engagement ends? Law firms, do you know what client data and documents you have and where they are? (53:00)

audio The Supreme Court’s First Decision on the Class Action Fairness Act: Standard Fire Ins. Co. v. Knowles

The Supreme Court has issued its first decision interpreting the Class Action Fairness Act (CAFA). In a unanimous decision, the Court held that, prior to certification, a named plaintiff’s stipulation that the putative class would not seek more than $5 million did not defeat jurisdiction under CAFA. (1:01:03)

Sound Advice »

audio Benefits of Using a Jury or Graphics Consultant

By Dr. Kelloir Smith

Mock trials can be very expensive. Jury consultant Dr. Kelloir Smith discusses many of the benefits of hiring consultants—including cost savings vs. a mock trial. (06:25 min)

audio Creating a Marketing Plan: Tips and Strategies

By Maria Kreiter

Marketing oneself is a must to build business. Maria Kreiter gives some best practices aimed at young lawyers to help develop their marketing plans. (07:12 min)

audio When Associates Gain Trial Experience, Everyone Wins

By C. Pierce Campbell

Trial experience is one of the most critical areas needed to effectively represent clients in litigation. More seasoned lawyers should encourage young lawyers to participate in trial as much as possible. Here are a few tips on how to do so. (06:25 min)

Announcements »

Business Torts Litigation: Spring 2016

The Spring 2016 issue of the Business Torts Litigation newsletter is now available.

Seeking Contributors to Our Website and Publications

We are looking for member testimonials and authors for articles. Contact Brian Berkley for website submissions and David Johnson for journal submissions.

Business Torts Litigation Leadership

Cochairs Web Editors Journal Editors

Maria Kreiter

Milwaukee, WI

Brian A. Berkley

Philadelphia, PA

Chad Stover

Wilmington, DE

Chris Lindstrom

Boston, MA

Anthony J. Carriuolo

Fort Lauderdale, FL

David Johnson

Nashville, TN

Daniel P. Elms

Dallas, TX