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American Bar Association

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

Doing Business with Clients Could Result in No Legal Fees

By Kelso L. Anderson

Agreement with client for interest in patent in lieu of legal fees violates ethics rule.


Co-Employers Both Liable under the ADA

By Caitlin Haney

Staffing agencies and clients have independent obligations to disabled employees.

Circuit Split on Dodd-Frank's Whistleblower Protections

By Sara E. Costello

Second Circuit breaks with Fifth Circuit and concludes reporting to SEC not necessary.


Attorney Fees Becoming More Common in Patent Cases

By Cynthia Ford

Court follows trend to apply "holistic" approach to award $4.1 million in attorney fees.

Civil Procedure »

Outside-the-Box Discovery Sanctions Reversed for Lack of "Clear Notice"

By Charles S. Fax

Discovery abuse is widespread and requires corrective action by the judiciary.

Tips from the Trenches »

A Short Primer on Objections

By Stuart M. Israel

A few things about evidentiary objections that lawyers ought to know.

Appellate Practice »

Silly Lawyer Tricks II

By Tom Donlon

Sharing lessons from across the country with our members, reporting real mistakes made by real appellate lawyers, frequently with disastrous results for their clients.


Mass Torts »

How Plaintiffs May Take Advantage of the Federal Rules Changes on Discovery

By Paul D. Rheingold

Some new provisions will aid tort plaintiffs, and other changes that may appear to be impediments to full discovery are likely not to be applied in the manner hoped for by early drafters.

Ethics & Professionalism »

New York's Highest Court Clarifies Nonresident Attorney Office Requirement

By Kaitlin J. Kline

After Schoenefeld, New York will presumably, albeit grudgingly, move toward acceptance of VLOs, consistent with the realities of practicing law in a digital age.

Health Law »

Speedy Returns: The 60-Day Rule

By Maura K. Monaghan, Kristin D. Kiehn, Jacob W. Stahl, and Young-Hee Kim

The first and only court decision on the "60-Day Rule" highlights the importance of quickly identifying and repaying Medicare/Medicaid overpayments.