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A Model Order Regarding E-Discovery in Patent (and Other?) Cases

By Steven R. Trybus and Sara Tonnies Horton

The model order from the Federal Circuit Advisory Council regarding e-discovery in patent cases includes proposals that are dramatically different from the majority of present e-discovery practices.

How to Write an Effective Reply Brief

By Damon Thayer

By following ten simple commandments you can master the art of writing an effective reply brief and in the process increase your chances of prevailing in any given case.

Can I Get a Witness: Obtaining Out-of-State Deposition Subpoenas

By Robin H. Jones

Most lawyers will at some point have to track down a witness residing in another state for purposes of obtaining discovery for use in a case pending before another state court.

Ten Tips from the Bench: Motion Practice Oral Argument

By Hon. Marvin E. Aspen

Here are ten tips for effective oral advocacy of contested motions, including a suggestion on how to request that opportunity where judges normally do not conduct oral argument on a regular basis.

Draft Expert Reports Are Work Product? Since When?!

By Christian T. Balducci

Effective December 1, 2010, Federal Rule of Civil Procedure 26 underwent several significant changes affecting expert witness disclosure and discovery.

New Amendments to Federal Venue, Removal, and Other Rules

By Charles S. Smith

The Federal Courts Jurisdiction and Venue Clarification Act of 2011 contains the most expansive changes to the Judicial Code since the Judicial Improvements Act of 1990.

Protecting Work Product in Rule 30(b)(6) Depositions

By Gillian G. W. Egan

There is a particular attorney work-product objection to keep in mind if you have received, or are working to prepare, a 30(b)(6) deposition notice.

Twombly-Iqbal and Affirmative Defenses in the Third Circuit

By Jeffrey Soos

In two recent decisions, district courts in New Jersey and Pennsylvania have declined to extend the reach of Twombly and Iqbal to affirmative defenses pled pursuant to FRCP 8(c).

Different Perspectives on Oral Advocacy

By Nicole D. Thumma and Samuel A. Thumma

This is a summary of recent cases decided in the Second Circuit relating to the Iqbal v. Ashcroft ruling.

Application of Iqbal in the Second Circuit

By Carla R. Walworth and Mor Wetzler

This is a summary of recent cases decided in the Second Circuit relating to the Iqbal v. Ashcroft ruling.

Seventh Circuit Iqbal Case Summaries

By Angela S. Fetcher

This is a selection of recent cases decided in the Seventh Circuit relating to the Iqbal v. Ashcroft ruling.

Complying with Third-Party Subpoenas in Federal Court

By Erin E. Rhinehart

Guidance relating to compliance with third-party subpoenas for civil cases pending in federal court.

Successful Preparation and Service of Subpoenas in Federal Court

By Erin E. Rhinehart

Guidance for the preparation and execution of subpoenas for civil cases pending in federal court.

Ledbetter Act Opens Door for More Pay Discrimination Claims

By Elizabeth A. Schallop Call and Sandra K. Sanders

The time for bringing a claim restarts each time an employee receives a paycheck reflecting discriminatory practices, creating a virtually perpetual limitations period.

DoD Issues Interim DFARS Provision Regarding Export Controlled Items

By Andrew D. Irwin, Edward J. Krauland, and Thomas P. Barletta

The DoD issued an interim rule amending the DFARS to specify requirements for complying with export control laws and regulations when performing DoD contracts.

Seven “International” Observations from a Former “Local” Lawyer

By Hon. Samuel A. Thumma

What follows is an unscientific, admittedly idiosyncratic list of seven tips that I learned over time as a local lawyer dipping my toe in the international end of the litigation pool.

Answering a Complaint for Equitable Relief? Don’t Forget Your Jury Demand

By Jennifer A. Hasch

Answering in Connection with a Partial Motion to Dismiss

By Amanda S. Amert

Separating the Wheat from the Chaff: Lone Pine Orders in Pretrial Discovery

By Daniel Kennedy

Economic Loss Rule Bars Tort Claims, Including Common Law Fraud

By Hon. Samuel A. Thumma

Can We Talk? Nationwide Survey Reveals Wide Range of Practices Governing Communication with Witnesses while Defending Their Deposition

By David S. Wachen and George Hovanec

U.S. Sentencing Commission Should Reverse Its Policy on Attorney-Client Privilege Waiver

By Michael Greco

EEOC Mediation: An Early and Often-Overlooked Opportunity to Settle An Employment Dispute

By Jennifer B. Salvatore

ABA Works With Diverse Coalition Of Groups To Stop The Erosion of The Attorney-Client Privilege

By Jim Bowhay

DOJ Requires its Prosecutors to Set Formal Procedures for Requesting Privilege Waive

By Jeffrey P. Schomig

Renewed Efforts to Split the Ninth Circuit: Senate Bill 1845

By Steven Kalar

Electronic Discovery

NY Appellate Court Adopts Federal E-Evidence Preservation Standard

By Yitzchak Fogel

The Appellate Division, First Department, has become the first New York appellate court to adopt the standard for spoliation originally established in Zubulake.

Litigation Holds, Social Media, and Employees' Online Data

By Patricia Eastwood, John D. Rue, and Peter Wilhelm

Lawyers and courts will be increasingly faced with the challenge of addressing whether, and to what extent, social media "documents" must be incorporated into the discovery process in individual cases.

Avoiding Minefields Associated with Discoverability of Social Media

By Damon Thayer and Nayiri Keosseian

According to conventional wisdom, the law typically lags about five years behind new technology. In today's rapidly changing world, that rule of thumb might be too generous.

Avoiding an Electronic Discovery Disaster with Litigation Holds

By Elizabeth S. Fenton, Diana Rabeh, and Jonathan M. Shapiro

We must advise clients of the triggers for the common-law duty to preserve evidence and assist them in developing practices to ensure that the duty is met when it arises.

An Attempt at an Analytical Framework for Spoliation and ESI Issues

By Beatriz Q. Richmond

Magistrate Judge Paul W. Grimm issued a detailed and thorough opinion concerning spoliation of electronically stored information.

E-Filing in Federal Courts: How to Avoid Common Mistakes

By Daniel T. Fenske

Electronic filing is more complicated that one might think, and a careless attorney risks having filings stricken or deemed untimely if that attorney does not follow the widely varying rules in each different federal court.

Reasonable Accessibility and the Discoverability of ESI

By Gregory M. Boyle, William P. Wallenstein, and J.H. Jennifer Lee

This is intended to provide a starting point for litigators and their clients when considering preservation, disclosure, and discovery obligations amid expanding mobile technologies.

The Evolution of E-Discovery Sanctions

By Michael Swarz

Companies are sensitive to their ESI due to the possible liability involved, and are constantly seeking ways to negate the possibility that a court may impose harsh sanctions.

The Business Traveler’s New Nightmare: Laptops and PDA Searches at the Border

By Michael Vatis

Qualcomm v. Broadcom: Lessons for Counsel and a Road Map to E-Discovery Preparedness

By Gregory D. Shelton

Tips from the Ground Floor: Successfully Managing Large Electronic Document Reviews

By Elizabeth L. Fine

Electronic Discovery Rules Are Changing: Are You Ready?

By Henry R. Chalmers

The Top Five Things Every Young Lawyer Should Keep In Mind About e-Discovery

By Jennifer Olmedo-Rodriguez

How to Sway Litigators to Embrace the Electronic Realm

By Robert D. Brownstone

Collaborative Navigation of the Stormy e-Discovery Seas

By Robert D. Brownstone

EDiscovery: Preserving, Requesting & Producing Electronic Information

By Lisa M. Arent, Robert D. Brownstone, and William A. Fenwick

Corporate Compliance and How It Relates to Litigation Data-Management

By Deborah Johnson

A Guide to Navigating Daubert's Reliability Factors

By James F. Williams and Matthew D. Diggs

Electronic Discovery: Understanding Preservation Obligations, the Potential for Cost-Shifting, and Current Developments

By William R. Denny and Elizabeth J. Winslow

Do-It-Yourself Electronic Discovery Tools

By George Socha

The Size, Scope, and Growth of the Electronic Data Discovery Market: Survey and Results

By George Socha and Thomas Gelbmann

New Developments in Electronic Discovery

By George Socha

Mastering the Use of E-Discovery Special Masters

By George Socha

Experts

The Practical Witness: Preparing for Depositions

By David L. Wedding

The Practical Witness: Selecting a Financial Expert

By Tim Tribe

The Practical Witness: Assess Damages Early and Often

By Michael A. Fahlman

FCPA and International Law Advisory

Sight-Seeing Tiger, Hidden Dragon—Lucent Fined Under FCPA for Financing Sight-Seeing Trips for Chinese Officials

By Lucinda Low, Ed Krauland, and Pat Norton

Federal Rules

A Summary of Proposed Changes to the Federal Rules of Civil Procedure, Federal Rules of Appellate Procedure and the Bankruptcy Rules

By Dennis Rose

Law & Literature

Book Review: Lowering the Bar: Lawyer Jokes and Legal Culture by Marc Galanter

By Steven M. Richman

Young Lawyers

When to Swear and When to Declare: Affidavit or Declaration?

By Matthew J. Bakota

In the "real world" practice of law, affidavits are used more than one might expect.

Avoiding Common Pitfalls: Tips For Young Lawyers

By Betsy P. Collins, Ian Fisher, and Kent Lambert

Here is a list of bits of wisdom that have been accumulated from a number of wise lawyers over time and, unfortunately, from some of the things we learned the hard way.

Tips for Young Lawyers: Summary Judgment Basics

By Kimberly A. Hoehing

Tips for Young Lawyers—Dealing with Difficult Opposing Counsel

By Jasmine K. Mehta

Obtaining and Collecting on a Judgment

By Ryan J. Works

Managing Privilege and Avoiding Pitfalls During Pretrial Discovery

By Sven Collins and Corinne Simon