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American Bar Association

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

Trademark Trial and Appeal Board Enters Twenty-First Century

By Connor D. Jackson

Rule amendments streamline proceedings, but some needed changes remain unaddressed.


Courts May Consider Foreign Law Declarations on Motions to Dismiss

By Matthew S. Mulqueen

Federal court relies on plain language of Rule 44.1 to resolve issue of first impression.

Procedural Violations Cannot Result in Loss of Right to Jury Trial

By Lauren M. Gregory

Holding bench trial not appropriate sanction for failing to file pretrial disclosures.


Court Cannot Decide Arbitrability of Class Claim—Arbitrator Must

By Candice A. Garcia-Rodrigo

Arbitration agreement informs court who decides if class arbitration is available.

Civil Procedure »

The Parameters and Pitfalls of Payments to Fact Witnesses

By Charles S. Fax

There are ethical concerns relating to the compensation of fact witnesses, and the rules can vary from state to state.

Tips from the Trenches »

How Effective Trial Attorneys Present

By Hon. Robert S. Lasnik

Attorneys who have seen jurors reward brevity and efficiency while punishing repetition and inefficiency realize that it isn't only trial judges who don't appreciate tactics that waste time.

Appellate Practice »

Silly Lawyer Tricks VI

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.


Corporate Counsel »

The Next Big Hacking Target: Law Firms

By Steven S. McNew and Preston Fischer

A guide to considerations lawyers and law firms should make to protect against cyber attacks.

Commercial & Business »

Why Diversity on the Federal Bench Matters

By Andrea C. Kramer

Substantive, symbolic, and legitimacy reasons for a racially and gender-varied judiciary.

Professional Services Liability »

The Judicial Error Defense in Legal Malpractice Cases

By Ellen E. Oberwetter and Amy Mason Saharia

A recent Texas Supreme Court decision provides additional ammunition in support of the judicial error defense in legal malpractice cases.