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American Bar Association

Litigation News: News, Analysis, and Publications from the ABA Section of Litigation
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Employer Not Required to Accommodate Medical Marijuana Use

By Candice A. Garcia-Rodrigo

Employer may terminate employee for use of medical marijuana though legal in the state.


No Mistrial over Juror's Facebook Connection with Victim's Sister

By Onika K. Williams

Juror's relationship with Facebook friend too attenuated to be misconduct.

Court Explains Ethical Conduct under Flat-Fee Arrangements

By Katerina E. Milenkovski

Advisory opinion addresses where to keep flat fees and related issues.


Addressing Altered Emails, Court Tests Limits of Amended Rule 37

By Kristen L. Burge

No dismissal for intentional spoliation under new discovery standard for ESI preservation.

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 »

Acquisition and Merger: Whose Privilege Is It Now?

By Edna Selan Epstein

Take care to eliminate any uncertainty surrounding which entity can claim the privilege.

Expert Witnesses »

Mobile Device Forensics: What Can Be Found?

By Joshua Dalman

The perspective of a digital forensics examiner.


Woman Advocate »

Litigation Update—Legal Recreational Marijuana

By Lauren P. Carboni

Parties challenging the drug laws have largely been unsuccessful, but the door is now open for potential RICO challenges.

Privacy & Data Security »

What Companies Need to Know about Current and Proposed Drone Laws

By Amanda Fitzsimmons and Monica D. Scott

As the devices become more prevalent, they often (literally) collide with a world not quite ready for their arrival.

Criminal »

Lawful Searches by Bankruptcy Trustees

By Thad Davis and Peter Bach-y-Rita

A growing body of law has expanded the powers of the bankruptcy court to authorize home searches for the discovery of hidden assets or cash.