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American Bar Association

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

False Evidence Forces Law Firm Exit after $24 Million Verdict

By Caitlin Haney

Client's false testimony raises questions about appropriate remedial measures.


Online Privacy at Risk under Federal Statute

By Robert T. Denny

Disclosure of name and web history does not violate the Electronic Communications Privacy Act.

Rare Supreme Court Reversal for Error Correction

By Joseph Callanan

Court criticizes lower courts' resolving fact questions to grant summary judgment.


Internet Technology Infringes Exclusive Intellectual Property Right

By Kelso L. Anderson

Supreme Court implies Internet provider is a cable company under the Copyright Act.

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 »

Deposition Preparation: The Four Simple Rules

By Edna Selan Epstein

All clients, even sophisticated ones, need to be told how to achieve a successful deposition.

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.