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Litigation News: News, Analysis, and Publications from the ABA Section of Litigation
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Circuits Split on Materiality in Securities Class Actions

By Swati S. Desai

Courts debate proof versus plausibility at pleadings stage.



 

Party Relieved from Estimated 95-Million-Page Review

By Brian A. Zemil

Court overrides parties' agreement requiring broad retrieval of data in unallocated space.


Second Circuit Lifts Sanction on Ghostwriting Petition

By Lisa R. Hasday

Should a court sanction an attorney for helping pro se litigants draft and file petitions for review?


 

Accounting for Damages for Dummies: Expert Opinion or Not?

By Renee Choy Ohlendorf

Accountants' testimony on preparation of proofs of loss is lay opinion.

 
Civil Procedure »

Does Federalism Work for the Federal Rules?

By Charles S. Fax

Is "federalism," as it is understood, a good thing?






 
Tips from the Trenches »

Reining in E-Discovery

By Geraldine Soat Brown

Electronic discovery is more important than ever, but receiving a request for ESI does not necessarily condemn a client to an expensive hunt through long-abandoned formats.


 
Technology for the Litigator »

Regulating Cell Phones in the Courtroom

By Kent Markgraf

How should one of the biggest distractions in today's courtrooms be policed?




 

Employment & Labor Relations  »

Misappropriating Data to Further a Claim—Theft or Protected Conduct?

By Kevin J. O'Connor

There is an increasing risk that an employee pursuing an employment claim will gain access to sensitive data, either legally or illegally, and turn it over to counsel for use in the litigation.


 
Energy litigation »

Spent Nuclear Fuel and the U.S. Response to Fukushima

By Kimbery Reome and Krista Haley

The United States has a long history of political, regulatory, and legal challenges in dealing with spent nuclear fuel.



 
Young Advocates »

The Supreme Court Takes on the Widely Challenged PPACA

By Tanya Falleiro

Since it was signed into law, the act has been extensivley contested. Many states, organizations, and even individuals have filed a variety of actions challenging the constitutionality of PPACA.

 

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