Home › Pretrial Practice & Discovery

News & Developments »

Proportionality: More Than a Trend

Proposed federal rule changes to be published for comments in August 2013.

"Auto-Deleted" Facebook Account Leads to Sanction

Do your clients have discoverable social media? Are you familiar with those sites' terms of service? A recent New Jersey case out suggests it might well be worthwhile to find out.

Facebook, MySpace Pages Not "Purposefully Directed" Out of State

Businesses must pay close attention to this developing case law and to their use of social media.

Articles »

Vanishing Trial Skills

By Hon. Charles S. Coody

Effective and persuasive person-to-person skills are still fundamental even in our instant-communication environment.

ERISA Conflict Preemption: Embracing the Treacherous Path

By Gillian W. Egan

Do not shrink from using ERISA conflict preemption as a defense.

Strategic Use of E-Discovery Counsel to Manage Risk and Cost

By Jeffrey C. Sharer and Colleen M. Kenney

Complex and rapidly changing law and technology make e-discovery counsel a wise investment, if not an ethical requirement.

Sound Advice »

Proposed Changes to the Rules of Civil Procedure

By John Barkett

John Barkett describes the changes that may be in store for the federal rules. (7:57 min)

Timing Discovery and Motion Practice to Make Mediation Work

By Matthew Bakota

It is said that timing is everything. Matthew Bakota outlines how that is especially true as you prepare a mediation. (7:00 min)

E-Discovery Sanctions and a Recent E-Discovery Nightmare

By Stephen Horace

Veteran litigator Steve Horace highlights mistakes you should avoid when on trial, then reviews proposed rule changes to how courts determine if an attorney is operating in bad faith. (8:10 min)

Announcements »

Join Us at ABA Annual For a Great CLE!

The program is Has the News of the Death of the Billable Hour Been Greatly Exaggerated? and it will be on Thursday, August 8, from 2:00–3:30 p.m. Read more.

Subcommittee of the Month: Content

We are always looking for ways to provide timely and useful information on Pretrial Practice & Discovery to our members and the Content Subcommittee spearheads this effort through our website and newsletter. If you are interested in becoming more involved through the Content Subcommittee, please contact one of the Content cochairs: Matthew Bakota, Gregory Boyle, Seth H. Row, or Mor Wetzler.

Publish an Article!

Do you have an article idea for the committee newsletter or website? We are always looking for new, interesting, timely content to publish. Please contact our newsletter editors, Matthew Bakota, Gregory Boyle, Seth H. Row, or Mor Wetzler if you have something you would like to contribute.