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Litigation News

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Winter 2017, Volume 42, Number 2

Litigation News - Winter 2017Features

OSHA Enacts Settlement Agreement Rules in Whistleblower Cases

By Kelso L. Anderson

Class Action Waivers Hang in the Balance

By Sara E. Costello

Procedural Dismissal Leads to Substantive Loss

By Adam E. Lyons


Fall 2016, Volume 42, Number 1

Litigation News - Fall 2016Features

Enhanced Damages on the Rise for Willful Patent Infringement

By Andrew J. Kennedy

Tagging Without Consent: Does Facebook's Tagging Feature Violate Privacy Laws?

By Katerina E. Milenkovski

State Residency Rule for Alcohol Licenses Creates Circuit Split

By Erin Louise Palmer


Summer 2016, Volume 41, Number 4

Litigation News - Winter 2016Features

Time-to-Trial Deadline Not Tolled by Partial Stay of Proceedings

By Daniel P. Elms

Teaching an Old Law New Tricks

By Lauren M. Gregory

Vague Statute Prevents Jurisdiction over Corporations

By Kelso L. Anderson


Spring 2016, Volume 41, Number 3

Litigation News - Winter 2016Features

Common Legal Interest Theory Preserves Attorney-Client Privilege

By Katerina E. Milenkovski

Government Increases Scrutiny on Outside Litigation Funding

By Daniel P. Elms

CFPB Considers Limits on Mandatory Arbitration

By Erin Louise Palmer


Winter 2016, Volume 41, Number 2

Litigation News - Winter 2016Features

Should Document Review Attorneys Receive Overtime Pay under the FLSA?

By Kelso L. Anderson

Amended Federal Rules: Streamlining Litigation

By Andrew J. Kennedy

Free Speech of License to Offend?

By Lauren M. Gregory


Fall 2015, Volume 41, Number 1

Litigation News - Summer 2015Features

Social Media Evidence Authenticity Depends on Message Context

By Kelso L. Anderson

Prosecutor Disbarred for Wrongful Death Row Conviction

By Natasha A. Saggar Sheth

Attorney Departures Without Data Drama

By Sara E. Costello


Summer 2015, Volume 40, Number 4

Litigation News - Summer 2015Features

Buckle Up: Evidence of Seat Belt Use Now Admissible in Texas

By Katerina E. Milenkovski

Professional Boards Barred from Anticompetitive Conduct

By Kelso L. Anderson

When Must a Foreign Company Begin to Preserve Evidence?

By Natasha Saggar Sheth


Spring 2015, Volume 40, Number 3

Litigation News - Spring 2015Features

Over-Inclusive Confidentiality Designation Backfires

By Katerina E. Milenkovski

Target Hit with Putative Class Action in Massive Data Breach

By Theresa A. Vitello

Voluntary Dismissal after TRO Does Not Save Plaintiff's Security

By Onika K. Williams


Winter 2015, Volume 40, Number 2

Litigation News - Winter 2015Features

Sea Change Coming in Attorney Fee Awards under Lanham Act

By Natasha Saggar Sheth

What Do You Do When Your Fact Witness Is Also an Expert?

By Sara E. Costello

Defendant May Bear Responsibility for Extending Frivolous Suit

By Kelso L. Anderson


Fall 2014, Volume 40, Number 1

Litigation News - Fall 2014Features

How to Try a Stale Case

By Andrew J. Kennedy

The Ghostwriting Debate Continues

By Sean T. Carnathan

Ethical Limits on Investigating Jurors' Social Media Sites

By Renee Choy Ohlendorf


Summer 2014, Volume 39, Number 4

Litigation News - Summer 2014Features

Warning for Lawyers Who Give Business and Legal Advice

By Bethany Leigh Rabe

How to Plead a Negligent Misrepresentation Claim

By Katerina Eftimoff Milenkovski

Who's to Blalme When Generic Drugs Harm Patients?

By Kelso L. Anderson


Spring 2014, Volume 39, Number 3

Litigation News - Spring 2014Features

Expert's Communications with Non-Attorneys Held Discoverable

By Garth T. Yearick

When Is a Defendant Too Big for General Jurisdiction?

By Renee Choy Ohlendorf

Stealing from the Cloud

By Lisa R. Hasday


Winter 2014, Volume 39, Number 2

Litigation News - Winter 2014Features

Unauthorized Practice of Law Claims Must Be Arbitrated

By Sean T. Carnathan

Do Large Attorney Fee Awards Undermine Class Action Settlements?

By Andrew J. Kennedy

Taking Over as Counsel? Don't Take Clients' Stories at Face Value

By Jannis E. Goodnow


Fall 2013, Volume 39, Number 1

Litigation News - Fall 2013Features

Good Faith as a Defense to Induced Patent Infringement

By Christina M. Jordan

Is Attorney Communication with Firm In-House Counsel Privileged?

By Henry R. Chalmers

Can You Tell Your Clients to Clean Up Their Facebook Pages?

By Caitlin Haney


Summer 2013, Volume 38, Number 4

Litigation News - Summer 2013Features

Life Is Not Perfect; Neither Is E-Discovery

By Sarah E. Costello

FLSA Decision: A Matter of Perception?

By Joseph Callanan

Full Disclosure Required to Arbitrate Attorney-Client Fee Disputes

By John W. Joyce


Spring 2013, Volume 38, Number 3

Litigation News - Spring 2013Features

Has California Killed the Parol Evidence Rule?

By Natasha Saggar Sheth

EEOC Unveils New Strategic Enforcement Plan

By Andrew J. Kennedy

Do Lawyers Have an Ethical Duty to Their Firms?

By Sarah E. Costello


Winter 2013, Volume 38, Number 2

Litigation News - Winter 2013Features

Trend Continues for Personal Injury Damage Caps

By Caitlin Haney

Data Breach Caseload: About to Blow?

By Henry R. Chalmers

Private Arbitrations Ruled Unconstitutional

By John W. Joyce


Fall 2012, Volume 38, Number 1

Litigation News - Fall 2012Features

Attorney-Client Privilege Protections for Non-Employees

By Brian A. Zemil

The Tangled Ethical Rules of Covert Recording

By Lisa R. Hasday

Paying Off the Competition

By Christina Michelle Jordan


Summer 2012, Volume 37, Number 4

Litigation News - Summer 2012Features

Is Employee Misuse of Company Data a Crime?

By Natasha A. Saggar

Is Prohibition of Non-Lawyer Ownership of Law Firms Antiquated?

By Sean T. Carnathan

You've Got Mail, but Have You Been Served?

By Teresa Rider Bult


Spring 2012, Volume 37, Number 3

Litigation News - Spring 2012Features

Judicial Notice of Internet-Sourced Facts

By Jonathan B. Stepanian

Cash & Judicial Elections: A Dangerous Mix?

By Jesyca Westbrook-Pettes

Mooting the Class

By John W. Joyce


Winter 2012, Volume 37, Number 2

Litigation News - Winter 2012Features

An Unsettling Aggregate Settlement

By Bethany Leigh Rabe

Ethics Opinions Approve Daily Deal Ads for Lawyers

By M. Derek Harris

When Is a Waiver Not a Waiver?

By Jannis E. Goodnow


Fall 2011, Volume 37, Number 1

Litigation News - Fall 2011Features

Pro Hac Vice Status at Risk

By Anthony R. McClure

Spoliation Motions Are Rarer Than You May Think

By Henry R. Chalmers

Supreme Court Deals Setback to Employment Discrimination Class Actions

By Douglas E. Motzenbecker


Summer 2011, Volume 36, Number 4

Litigation News - Summer 2011Features

High Court Complicates Corporate Decision Making

By Teresa Rider Bult

Supreme Court Favors Class Action Waivers in Arbitration

By Steven J. Mintz

Mixed Preemption Rulings in Products Liability Cases

By Robert C. Rodriguez


Spring 2011, Volume 36, Number 3

Litigation News - Spring 2011Features

Lingering Signs of Attorney Job Frustration

By Jeffrey B. Tracy

Federal Circuit: Shifting Away from Estimated Patent Royalties

By Sean T. Carnathan

Can Attorneys Conference with Witnesses During Depositions?

By Douglas E. Motzenbecker


Winter 2011, Volume 36, Number 2

Litigation News - Winter 2011Features

Harassment Scandal Provides Case Study in Ethical Duty to Distinguish Clients

By Teresa Rider Bult

Do High-Tech Law Enforcement Surveillance Tactics Conflict with the Fourth Amendment?

By Kent A. Lambert

Delaware Supreme Court Approves Poison Pill Trigger Below 5 Percent

By Henry R. Chalmers


Fall 2010, Volume 36, Number 1

Litigation News - Fall 2010Features

The Changing Landscape of Arbitration

By Anthony R. McClure

Report Finds Lingering Discrimination in Jury Selection

By Henry R. Chalmers

Supreme Court Rejects Media Prejudice Defense in Skilling Case

By Douglas E. Motzenbecker


Summer 2010, Volume 35, Number 4

Litigation News - Summer 2010Features

Evidentiary Hearings on Juror Bias

By Kent A. Lambert

Can Lawyers Ever Speak Out Against Former Clients?

By Katerina Milenkovski

Divided Supreme Court Permits Class Action to Proceed in Federal Court

By Douglas E. Motzenbecker


Spring 2010, Volume 35, Number 3

Litigation News - Spring 2010Features

Clients Pushing Firms to Implement Flex-Time Policies

By Effie D. Silva and Jeffrey R. Teeters

Employment Litigation: What GINA Means for Employers and Employees

By Teresa Rider Bult and Mary S. Diemer

New Standards for E-Discovery Shortfalls

By Lindsay M. Sestile


Winter 2010, Volume 35, Number 2

Litigation News - Winter 2010Features

States Weigh Disclosure of Liability Insurance Status to Clients

By Lisa R. Bliss

Nanotechnology and the Future of Litigation

By Kristine L. Roberts

Supreme Court Raises the Pleadings Bar Again

By Douglas E. Motzenbecker


Fall 2009, Volume 35, Number 1

Litigation News - Spring 2009Features

Blawgers Eye Ruling as Protection from Advertising Restrictions

By Matthew A. Goldberg

The Red Flags Privacy Rule

By Lindsay M. Sestile

Attorney-Client Privilege Trumps Workplace Regulations

By Sean T. Carnathan


Summer 2009, Volume 34, Number 4

Litigation News - Spring 2009Features

Hidden Class Rep Incentives

By Karen L. Stevenson

Time to Look Again at AFAs?

By Sherry L. Talton

Internet Anonymity in Defamation Cases

By Kent A. Lambert


Spring 2009, Volume 34, Number 3

Litigation News - Spring 2009Features

A Civil Right to Counsel

By Lisa Radtke Bliss

Is Justice Denied a Shortcut to Anarchy?

By Katerina Milenkovski and Mary S. Diemer

Court Denies Review of Use of Victim Impact Videos

By Amy G. Doehring


Winter 2009, Volume 34, Number 2

Litigation News - Winter 2009Features

Jury Project Confirms Best Practices of ABA's Jury Innovations

By Katherine W. Wittenberg and Jeffrey R. Teeters

Rule of Evidence 502s: Impact on Protective Orders and Subject Matter Waiver

By Kristine L. Roberts and Mary S. Diemer

ABA Ethics Opinion Guides Lawyers in Outsourcing

By Lisa R. Bliss and Jeffrey R. Teeters


Fall 2008, Volume 34, Number 1

Litigation News - Spring 2009Features

Arbitration Agreements That Expand Judicial Review

By Henry R. Chalmers, Mary S. Diemer, and Jeffrey R. Teeters

In-House Expansion

By Katerina Milenkovski, Mary S. Diemer, and Jeffrey R. Teeters

Curb on Punitives

By Douglas E. Motzenbecker, Mary S. Diemer, and Jeffrey R. Teeters


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