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American Bar Association

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

Harassment and Discrimination Now Violate ABA Model Rules

By Amy Mattson

Amended rule prohibits lawyer harassment and discrimination.


Ethics Board Advises Attorneys to Avoid Medical Marijuana Clients

By Stephen Carr

Decision widens jurisdictional split and highlights conflict over marijuana law.

Class Action Waivers Survive NLRB's Repeat Challenge

By Kristen L. Burge

Court continues trend on waiver validity and widens circuit split.


Bad Faith Deletion of Emails Warrants Punitive Sanctions

By Joseph Laizure

Decision emphasizes severity of punishment possible when senior managers destroy evidence.

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 »

Making a Difference

By Kenneth P. Nolan

If you wish to make a difference, law provides many options.

Pretrial Practice & Discovery »

Getting It Right: Confidentiality and Sealing Standards

By Ronald J. Hedges

The confidentiality of discovery materials is fundamentally different from the sealing of materials filed with courts or the sealing of judicial proceedings.


Employment & Labor Relations Law »

Strategies for Handling FMLA Abuse

By Teresa D. Teare and Shelby S. Skeabeck

Tools that employers can use to ensure that leave is being taken for legitimate reasons.

Mass Torts »

The Plaintiffs' Perspective: Putting the Notion of "Woodshedding" to Rest

By Danielle Gold

Defendants' attempts to restrict communications between plaintiffs' counsel and plaintiffs' physicians remain unsuccessful.

Children's Rights »

Should Juveniles Be Charged as Adults in the Criminal Justice System?

By Nicole Scialabba

Results of "tough on crime" policies demonstrate that they have failed.