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American Bar Association

Litigation News: News, Analysis, and Publications from the ABA Section of Litigation
Top Stories »

Representation in Marijuana Industry Chilled by Ethics Rules

By Ian S. Clement

State Bar recommends amending rules to permit representation in marijuana industry.


New Practice Considerations under Amendments to Federal Rule 26

By Matthew S. Mulqueen

Amended federal rules now mandate that discovery be proportional to case needs.

Federal Preemption Precludes Challenge to FDA Approved Drug

By Adam E. Lyons

Impossibility preemption precludes drug manufacturer from changing FDA approved formulation.


Court Approves Firm's Representation of Competing Patent Clients

By Andrew J. Kennedy

Economically adverse interests relating to similar inventions is not unethical.

Civil Procedure »

A Primer on Rule 12(f) Motions to Strike

By Charles S. Fax

If you are contemplating a Rule 12(f) motion—or must defend against one—it would be well to review the Blevins opinion closely.

Tips from the Trenches »

Opening Lines

By Charles N. Insler

The opening line of a brief introduces the subject matter, sets the tone of the argument, and casts the case in the most favorable light.

Appellate Practice »

What to Do about Adverse Precedent

By Sanford Hausler

There is no clear answer for the precise amount of candor due to courts.


Family Law »

How to Subpoena Amazon to Find an Online Seller's Income

By Taryn R. Zimmerman

When a litigant is self-employed, obtaining a picture of his or her cash flow can be a tedious endeavor.

Young Advocates »

Crafting Cease-and-Desist Letters Without Violating the ABA Model Rules

By Joshua A. Kurtzman

Cautionary tales for attorneys.

Energy »

Key Tips for Junior Lawyers Practicing Before State Administrative Agencies

By Mark DeMonte

Differences and similarities between litigating before a state administrative agency and litigating before a court.