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American Bar Association

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

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."

Affirmative Defense Available in Hostile Environment Claims

By Caitlin Haney

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


Court Enforces Limits on Duty to Preserve Evidence

By Angela Foster

No sanctions for a nonparty that did not retain nine-year-old documents.

Civil Procedure »

Qualcomm Lives! Lawyers Beware

By Charles S. Fax

Judges should proceed carefully when considering arguable misconduct by lawyers under Rule 26(g).

Tips from the Trenches »

Important: Avoid Beginning Sentences with "The Court Held That . . ."

By George D. Gopen

Learn why this phrase damages the reader's interpretation process.

Class Actions & Derivative Suits »

Class Actions 101: Possible Amendments to Rule 23

By Robert J. Herrington

The proposed changes could have a great impact for years to come.


Business Torts & Unfair Competition »

How to Respond to Trade Secret Theft: The First 48 Hours

By Ryan M. Billings

Be prepared to take full advantage of what unfolds.

Criminal »

"Equalizing" the Negotiation Process with a Trial-Ready SEC

By Thad A. Davis and Nicola M. Paterson

There are options beyond trial or settlement in the new "broken windows" era.

Access to Justice »

Urban Educational Inequalities: Why the Growing Concern?

By Darryl Irizarry Jr.

Are these students being prepared for college or the penitentiary?