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American Bar Association

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

Court Puts In-House Counsel in Deposition Hot Seat

By Renee Choy Ohlendorf

In-house attorney ordered to disclose source of information for breach of contract claim.


 

Affirmative Defense Available in Hostile Environment Claims

By Caitlin Haney

Vicarious liability limited where employer has effective anti-harassment policy.


Ethical Breaches Result in Firm Disqualification

By Ian S. Clement

Law firms' merger causes incurable simultaneous representation of adversaries.


 

Copyright Does Not Bar Resale of Gray Market Goods

By Lauren M. Gregory

Attempt to prevent domestic resale of foreign-made goods deemed "copyright misuse."


 
Civil Procedure »

Supreme Court Reminds Bar of Limits on Counsel's Duty to the Client

By Charles S. Fax

What happens when counsel dictates a petition and counsel signs it?



 
Tips from the Trenches »

The Epidemic of Self-Promotion

By Kenneth P. Nolan

What to do—and what not to do—to promote yourself.




 
Alternative Dispute Resolution »

Assessing the Strengths and Weaknesses of a Pending Arbitration

By P. Jean Baker

The AAA offers a new online tool designed to help attorneys anticipate some of the surprises that can arise.



 

Commercial & Business »

Protecting Draft Expert Reports from Discovery

By John M. Barkett

Expert notes and communications not independently protected as attorney work product might not be shielded.


 
Mass Torts »

Are Juries Really Such a Wildcard Compared with Judges?

By Leslie Ellis

Judges are people, too.


 
Minority Trial Lawyer »

Beyond Document Review: The Discoverability of Nontraditional Sources

By Katie Askey and Colleen M. Yushchak

Although the e-discovery reference model is a good starting point for addressing structured data, a customized solution may be necessary.