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American Bar Association

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

Cell Phone Location Records Not Protected by Fourth Amendment

By Daniel P. Elms

Defendant has no privacy right over cell phone records that do not reveal communications.


 

Free Speech or License to Offend?

By Lauren M. Gregory

Battle over constitutional right to trademark "disparaging" terms heats up.


Appearance of Impropriety Insufficient For Disqualification

By Lisa R. Hasday

State supreme court holds actual conflict is necessary for attorney disqualification.


 

"Generalized Interest" Sufficient to Intervene to Unseal Records

By Andrew J. Kennedy

Public's interest in court records is enough to allow intervention.


 
Civil Procedure »

Supreme Court Reminds Bar of Limits on Counsel's Duty to the Client

By Charles S. Fax

What happens when counsel dictates a petition and counsel signs it?



 
Tips from the Trenches »

The Epidemic of Self-Promotion

By Kenneth P. Nolan

What to do—and what not to do—to promote yourself.




 
Alternative Dispute Resolution »

Assessing the Strengths and Weaknesses of a Pending Arbitration

By P. Jean Baker

The AAA offers a new online tool designed to help attorneys anticipate some of the surprises that can arise.



 

Commercial & Business »

Protecting Draft Expert Reports from Discovery

By John M. Barkett

Expert notes and communications not independently protected as attorney work product might not be shielded.


 
Mass Torts »

Are Juries Really Such a Wildcard Compared with Judges?

By Leslie Ellis

Judges are people, too.


 
Minority Trial Lawyer »

Beyond Document Review: The Discoverability of Nontraditional Sources

By Katie Askey and Colleen M. Yushchak

Although the e-discovery reference model is a good starting point for addressing structured data, a customized solution may be necessary.