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American Bar Association

Practice Points »

Diversity Matters: Confronting Implicit Bias with Jury Diversity

Suggested methods to increase participation of diverse citizens.


New York Declines to Extend Common Interest Doctrine Beyond Pending or Anticipated Litigation

The doctrine does not apply to communications between participants in corporate transactions.


Voluntary Payment Doctrine: A Useful Affirmative Defense or Instrument of Evil?

Does public policy motivated by consumer protection necessarily call for the elimination of the VPD, despite its useful applications?

Articles »

Reexamination of Direct-Derivative Distinction Under Tooley for Common Law 'Holder Claims'

By John T. Bender

It can be a major barrier to shareholders seeking to recoup individual losses from falling stock prices caused by corporate mismanagement.


The Death of Merger Litigation?

By Donald H. Tucker Jr. and Clifton L. Brinson

Recent Delaware decisions and novel corporate bylaws may rein in—but won't eliminate—merger lawsuits.


Delaware Supreme Court Sets a High Bar for Financial Advisor Aiding and Abetting Liability

By John A. Sensing and Andrew H. Sauder

Significant misconduct is likely required to find scienter by a financial advisor.

Sound Advice »

audio Not Deposing Expert Witnesses

By Mitzi Shannon

Despite a long history of the opposite, Mitzi Shannon argues that in many situations not deposing the opposition's expert witnesses before the trial is the correct strategy for you and your clients. (07:19 min)


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)


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.

A highlight on the firm's work with the ABA's Military Pro Bono Project.


Richards, Layton & Finger

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


Announcements »

July 27, 2016: Roundtable—Save the Date!

Registration for Use and Discovery of Consent Decrees, Bank Exam Reports, and Third-Party Customer Information in Civil Banking Litigation is now open.


CBL Leadership Opportunities In the 2016–17 Bar Year

Our committee will have a new slate of subcommittee chairs and other leaders as of September 1, 2016. If you'd like to be appointed to one of these positions, please let CBL cochairs Mike Cochran and Jack Brady know.


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