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American Bar Association

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

Advice of Counsel Defense Leads to Waiver of Privilege

By Lauren M. Gregory

Tread carefully when agreeing to selective privilege waiver.


Misleading Discovery Response Results in New Trial

By Natasha Saggar Sheth

Extraordinary retrial motion granted two years after jury verdict.

New York Bar Issues Social Media Guidelines

By Erin Louise Palmer

Rules seek to balance business and ethical concerns.


Webpage Held Not Self-Authenticating

By Ian S. Clement

Court refuses to consider statements in party's unauthenticated webpage.

Civil Procedure »

Less Is More: Proposed Rule 37(e) Strikes the Right Balance

By Charles S. Fax

The new Rule 37(e) is based on the common law duty to preserve relevant information when litigation is reasonably foreseeable.

Tips from the Trenches »

Securing Your Data in a World of Remote Access

By Frank Sommers

This overview of privacy and technology policies may help firms avoid malpractice charges.

Pretrial Practice & Discovery »

"Self-Serving Testimony" and Summary Judgment Standards

By Jeffrey G. Close

Is there a split between the Fifth and Seventh Circuits?


Products Liability »

How to Correctly Approach Independent Medical Exams

By Heidi Oertle and Shawna Boothe

Who may conduct the exam and whether the attorney may be present varies among the states.

Health Law »

ACA Preemption and How a Missouri Order Will Impact Health Litigation

By John W. Polonis

The ruling may cause state legislators to act cautiously before considering laws designed to obstruct implementation of the ACA.

Access to Justice »

How Junior Associates Can Make Working for Free Pay Dividends

By Nikaela Jacko Redd

There are many noble as well as practical reasons why an attorney may engage in pro bono work.