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American Bar Association

Litigation News: News, Analysis, and Publications from the ABA Section of Litigation
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Extrinsic Evidence Ruled Inadmissible on Rule 68 Offer of Judgment

By Jamison L. Barkley

Decision joins majority permitting an award of costs where unambiguous offer is silent.


Million Dollar Sanction Overturned as Unprecedented, Punitive

By Connor D. Jackson

Expert's violation of smoking testimony ban insufficient to sanction counsel.

Court Declines to Expand Attorney Duty of Care to Non-Clients

By Kristin L. Jordan

Law firm has no duty of care absent intent to benefit a non-client plaintiff.


Expert Allowed to Offer Opinion Based on Undisclosed Sources

By Adam E. Lyons

Proffer of expert opinion based on private data raises strategic suggestions.

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 »

Eight More Tips for Practicing Law

By Steven A. Weiss

Thoughts on how to practice law effectively from the Section's immediate past chair.

Trial Evidence »

Admitting Emails under Rule 803(6) Is No Slam Dunk

By Kirsten R. Fraser

Evaluating for compliance and laying testimonial foundation are necessary to ensure successful admission of the evidence.


Criminal »

The Rise of Revenge Pornography and Its Damaging Effects

By Farrah Champagne

Sharing of intimate photos online without permission has become increasingly trendy.

Environmental »

How to Speak and Not Speak When the Feds Come Calling

By Solomon L. Wisenberg

A primer for lawyers and their clients on how to handle verbal interactions with law enforcement during a white-collar investigation.

Minority Trial Lawyer »

Avoiding Pitfalls While Using Social Media in Investigations

By Lily Chinn

Technology is evolving faster than the law can respond.