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American Bar Association

Practice Points »

How to Avoid Sanctions and Suits for Filing Frivolous Trade Secrets Claims

Failing to investigate a theft of trade secret claim before filing exposes the filing attorney to sanctions.


Self-Sabotaging: How Implicit Bias May Be Contributing to Your "Can't Find Any Women or Diverse Associates" Hiring Problem

Hiring women and minority attorneys can be made easier by eliminating implicit bias in the hiring process.


Testing the Reliability of an Expert's Predictive Model

Failure to explain inconsistencies between the results of the predictive model and the actual market values could result in the exclusion of the testimony.

Articles »

A Brief Introduction to the Bank Examiner Privilege

By Mark M. Haddad

What counsel handling banking litigation need to know about this statutory privilege.


Defending Banks from Civil Money Penalties

By Kevin J. Handly

Be on the watch for early warning signs and proactive in addressing and disarming bank examiners' concerns.


When Lenders Exercise Too Much Control

By Zachary G. Newman

A wake-up call for those involved in commercial lending litigation.

Sound Advice »

audio When Does a Confidentiality Agreement Act Like a Non-compete?

By C. Malcolm Cochran

Listen as Mike Cochran examines Utility Save v. Miele with an eye toward the Doctrine of Inevitable Disclosure. (4:46 min)


audio Recent Court Opinions Involving RAND Royalties

By Jennifer Vanderhart

Professor and longtime expert witness Jennifer Vanderhart describes three recent cases involving RAND royalties and how they may impact your clients in the future. (8:02 min)

audio Getting Involved with the Section of Litigation Pays Off

By Laura McLaughlin and Brandon Smith

Committee cochairs discuss how involvement in the Section has enriched their careers in unexpected ways, and why it's particularly beneficial for young lawyers. (09:29 min)


Roundtables »

audio Selecting and Working with Experts

Presented by the Commercial & Business Litigation Committee, co-sponsored by the Expert Witnesses Committee
Experts play a significant role in the ultimate outcome of many cases. A litigator's choice of its expert and interactions between the lawyer and expert may be critical to achieving a favorable outcome. This Roundtable will explore the process of selecting and working with an expert. The panelists will address what they consider when selecting an expert, how potential experts are "vetted," and the client's role in the selection of the expert. The panelists will also discuss their expectations and experiences in working with an expert after retention, the role the expert may play in discovery, and problems they have encountered with their experts. (59:30 min)

audio Ethics in Settlement for Class and Complex Litigation

Presented by the Class Actions & Derivative Suits Committee
Today's attorneys face a multitude of recent rulings both approving and denying approval of proposed class action settlements.  Often the denials are as a result of ethical issues or fee issues identified by the Court.  In this call, we will discuss the ethical concerns and suggested guidelines of how best to navigate the settlement waters. (1:00:43 min)


Spotlight on pro bono »

Bressler, Amery & Ross, P.C.

For years now, this firm has been applying its financial expertise to pro bono matters.


Richards, Layton & Finger

The firm volunteers their time to represent military personnel and their families.


Announcements »

May 24, 2016: Roundtable—Save the Date!

The Roundtable entitled "Nuts & Bolts of Preparing for a Commercial Mediation" will take place on Tuesday, May 24, 2016 at 12:00 p.m.–1:00 p.m. Eastern.

Join the Discussion at the CBLC's LinkedIn Page

Boasting 900-plus members and counting, the committee's LinkedIn page has rapidly developed into a lively forum for debate and discussion. Read more.

Monthly Committee Conference Call

The committee's monthly calls are typically held at 3 p.m. ET on the third Wednesday of each month. Read more.

Commercial & Business Litigation Leadership

Cochairs Web Editors Newsletter Editors

Jack Brady

Kansas City, MO

C. Malcolm Cochran

Wilmington, DE

Laura McLaughlin

Chesterfield, MO

Stephen J. Siegel

Chicago, IL

Nathaniel S. Boyer

New York, NY

Selena Molina

Wilmington, DE


Mpoli N. Simwanza-Johnson

Madison, WI


Newsletter Editor-in-Chief

Paula M. Bagger

Boston, MA

Joseph C. Merschman

New Haven, CT

Sally K. Sears Coder

Chicago, IL

Charles W. Stotter

Florham Park, NJ

Marc Zucker

Philadelphia, PA