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Discovery Abuse Warrants Informing Jury of Misconduct

By Ian S. Clement

Courts explore alternatives to monetary sanctions.


Securities Fraud Plaintiff Need Not Show Reliance

By Natasha Saggar Sheth

Plaintiff can claim losses from stock acquired before false financials filed.


Court Abused Discretion by Not Considering Sanctions Request

By Oran F. Whiting

Even absent a formal motion, courts must address claims of vexatious conduct.


Court Weighs Procedural Safeguards for Audio Playbacks to Jury

By Renee Choy Ohlendorf

Circuits split on whether audio tapes may be replayed to jury in defendants' absence.


Limits on the Attorney-Client Privilege for Lobbyist Communications

By Bethany Leigh Rabe

Ruling highlights uncertainties for protection of attorney-lobbyist advice.


Sins of a Subsidiary Corporation Visited Upon Parent

By Andrew J. Kennedy

Corporate parent's executives may not interfere with subsidiary's contract.


Beware of Conflicts in Joint Representation

By Teresa Rider Bult

In-house attorney's assurance to "protect" employee at deposition leads to malpractice claim.


Attorney-Client Privilege Passes to Acquiring Company in Merger

By Pamela Sakowicz Menaker

Parties can contract around default rule or segregate communications to avoid waiver.


District Court Remand Orders Are Difficult to Appeal

By Ian S. Clement

Circuit court reaffirms high standard for appealing a district court's remand decision.


Failure to Authenticate Email Leads to Dismissal of Case

By Angela Foster

Decision highlights direct and circumstantial options for email authentication.


Admission of GPS Evidence Signals Brave New World

By Kelso L. Anderson

Eighth Circuit affirms ruling taking judicial notice of GPS technology.


Supreme Court Narrowly Defines Younger Abstention Doctrine

By Sara E. Costello

Abstention by federal courts appropriate only in exceptional circumstances.


Motion to Reconsider Remand Order Is Not Appealable

By Katerina Eftimoff Milenkovski

Ruling protects state jurisdiction over remanded cases.


Employees Can Be Liable for Data Theft Regardless of Use

By Robert T. Denny

Wrongful download is enough to state claim for misappropriating trade secrets.


No Bad Faith When Insurer Fails to Initiate Settlement

By Caitlin Haney

Absent a settlement offer within policy limits, insurers have no duty to settle.


Former Counsel Violated Ethics Rules by Informing on Client

By Joseph Callanan

Duty of confidentiality trumps whistleblower rights.


Tougher Scrutiny of Employer Payroll Cards

By Oran F. Whiting

Employers warned of stricter enforcement of laws governing payroll cards.


No Mercy for Pro Se Litigant

By Lisa R. Hasday

Court affirms $1 million default judgment for discovery abuses in defamation case.


Timely Payment of Filing Fee Required to Commence Action

By John W. Joyce

Complaint filed with insufficient filing fee does not toll statute of limitations.


Law Firms Must Monitor Emails Sent to Departed Lawyers

By Jonathan B. Stepanian

Duty to protect clients' interests necessitates firms' review of emails.


Civil Rights Attorneys May Be Awarded More than Their Clients

By Sara E. Costello

Case highlights the importance of preparing a clear and well-supported fee petition.


Lawyer's Duty of Loyalty to Client Trumps Loyalty to Spouse

By M. Derek Harris

Attorneys must not assist others, including spouses, if actions are adverse to a client.


Class Settlement Rejected Due to "Worthless Injunctive Relief"

By Joseph Callanan

Appeals court says Pampers' class action settlement stinks.


Text Message Sender May Face Liability for Driver's Accident

By Pamela Sakowicz Menaker

Texter who knows recipient is driving and driver's texting habits has duty not to distract.


Circuits Split on Indispensable Parties

By Angela Foster

Flexible nature of Rule 19 analysis allows abuse of discretion or de novo review.


Third-Party Documents Admissible as Business Records

By Kelso L. Anderson

Ruling reflects trend in favor of allowing third-party evidence.


Facebook Communication Leads Court to Vacate Murder Conviction

By Bethany Leigh Rabe

Court should have allowed inquiry into juror-witness Facebook contact.


Spoliation of Electronic Data Results in Severe Sanctions

By Caitlin Haney

Deletion of laptop files leads to monetary sanctions and inference of bad faith.


Class Certification's Predominance Standard Alive and Well

By Robert T. Denny

Sixth Circuit clarifies scope of recent U.S. Supreme Court ruling on class certification.


Under Dodd-Frank Act, a Whistleblower Is a Whistleblower

By John W. Joyce

Whistleblower requirements are the same under anti-retaliation and bounty provisions.


Recovering Trial Technology Costs

By Natasha Saggar Sheth

Trial presentation technology can help make a case, but the expense is a drawback.


Merchants May Have Recourse on Data Breach Liability Assessments

By Henry R. Chalmers

Payment networks may face hurdles in charging banks when merchants are hacked.


Employer Violates Labor Laws by Failing to Pay Interns

By Renee Choy Ohlendorf

NY District Court ignores other circuits; holds unpaid interns are employees under FLSA.


Unsigned Conflict Waiver Letter Found Enforceable

By Joseph Callanan

Client waived advance conflicts despite never signing letter.


Demonstratives Allowed in Jury Room during Deliberations

By Sean T. Carnathan

Are demonstrative exhibits helpful to the jury or misleading and unfair?


Maryland Declines to Do Away with Contributory Negligence

By Sara E. Costello

High court leaves negligence standard for the legislature to decide.


Two U.S. Supreme Court Opinions Enforce Arbitration Agreements

By M. Derek Harris

Court finds terms of parties' arbitration agreements and class action waivers binding.


Lawyers' Duty to Disclose False Evidence May Extend Indefinitely

By Angela Foster

Even after the conclusion of a proceeding, lawyers must take action.


Tort Reform Dealt a Blow in Oklahoma

By Andrew J. Kennedy

Other states watch closely as tort reform struck on constitutional grounds.


Contingent Fee Permissible When State Hires Private Counsel

By Robert T. Denny

No conflict of interest to pursue consumer protection claims for the state.


Motions in Limine Held Not Dispositive

By Jonathan B. Stepanian

Motions for summary judgment–not motions in limine–terminate claims.


Need a Lawyer? Check Your Text Messages

By Natasha Saggar Sheth

Ohio high court finds text messaging an acceptable form of attorney advertising.


Facebook Messages Admissible under Traditional Evidence Rules

By Lisa R. Hasday

State appellate court finds that messages are authentic and not hearsay.


Discovery Processing Costs Not Recoverable

By Ian S. Clement

Non-taxability of discovery expenses costs winning litigant more than $100,000.


Litigation Privilege Immunizes Lawyers from Fraud Actions

By Oran F. Whiting

Doctrine promotes zealous client advocacy.


"Private" Postings Nevertheless Discoverable

By Katerina Milenkovski

Judge orders forensic expert to review Facebook posts.


Ethical Breach by Class Counsel Does Not Defeat Certification

By John W. Joyce

Court focuses on prejudice to class members or compromising integrity of the lawsuit.


Court Finds CAFA Ambiguous, but Clear, on Attorney Fees

By Kelso L. Anderson

Divided Ninth Circuit limits attorney fees to a percentage of value of redeemed coupons.


Investigating a Juror's Claim of Racial Bias

By Jannis E. Goodnow

In rare cases, a trial court may investigate whether racial bias affected a verdict.


Supreme Court Closes Class Action Loophole

By Jonathan B. Stepanian

Stipulation limiting damages inadequate to defeat federal class action jurisdiction.


Attorneys Suspended Nine Months for Influencing Client's Story

By Bethany Leigh Rabe

Attorneys in hot water after suggesting client create better facts.


Patent Complaint Does Not Have to Identify Infringing Activity

By Christina M. Jordan

Sample form satisfies the pleading standards of notice and plausibility.


Florida's Economic Loss Rule Limited to Products Liability Cases

By Oran F. Whiting

Expansion of the rule beyond its products liability origins proves unworkable in practice.


Unfulfilled Discovery Promises Lead to Rule 16(f) Sanctions

By Angela Foster

District court imposes sanctions for delaying case without a finding of bad faith.


Ninth Circuit Allows Intervention to Preserve Deposition

By Caitlin Haney

Lawyers must take steps to fully enforce protective orders after a case settles.


Class Certification Denied in Data Breach Case

By Henry R. Chalmers

Lack of expert testimony prevents plaintiffs from satisfying predominance requirement.


Fraud-on-the-Market Theory Questioned

By Sean T. Carnathan

Securities fraud plaintiffs win, but is the victory pyrrhic?


Law Firm's Advance Conflict Waiver Upheld

By Lisa R. Hasday

Sophisticated company gave informed consent for lawyer to represent future adverse client.


Oil and Gas Regulation Sole Domain of State

By Katerina Milenkovski

Ohio court rules municipality's home rule preempted by state regulatory scheme.


Attorney Blogger Runs Afoul of Ethics Rules on Advertising

By Renee Choy Ohlendorf

Virginia high court finds blog is not protected political speech.


Zip Codes Are Private

By Andrew J. Kennedy

Ruling fuels class actions against retailers following similar California suits.


Courts Remain Reluctant to Expand Interlocutory Appeals

By Caitlin Haney

Private parties cannot seek interlocutory appeal for issues reserved for state actors.


Lawyers May Face Liability for Ex-Parte Defamatory Remarks

By M. Derek Harris

Potential defamatory statements may be subject only to a qualified privilege.


Counterclaim May Be Avoided by Covenant Not to Sue

By Christina M. Jordan

Plaintiff may exit trademark lawsuit by filing broadly worded covenant.


Asking for Friendly Advice Can Create a Conflict

By Jannis E. Goodnow

Plaintiff's choice of counsel stymied by defense counsel's casual consultation.


Co-Client Relationship Between Insurer and Insured Not Automatic

By Ian S. Clement

Insured's assertion of attorney-client privilege upheld against insurer.


"Golden Rule" Arguments Not Okay on Liability Issues

By Bethany Leigh Rabe

D.C. Circuit orders retrial over "golden rule" statements, furthering split among circuits.


Contribution and Indemnification for ERISA Fiduciaries

By Douglas E. Motzenbecker

Federal courts divided on implied right, and the Supreme Court remains silent.


Attorney's ECF Error Forfeits Client's Right to Appeal

By Kelso L. Anderson

Second Circuit limits district court's discretion to grant relief from untimely appeal.


Establishing That Text Messages Are Admissible

By Sara E. Costello

"Distinctive characteristics" authenticate text messages.


"Reckless Disregard" May Suffice for Spoliation Sanction

By Sean T. Carnathan

Court imposes adverse inference instruction despite lack of actual malice.


Rambus's Prejudicial, Bad Faith Spoliation Warrants Harsh Sanction

By Joseph Callanan

District court "fully explains" spoliation sanction that rendered patents unenforceable.


Circuits Split on Computer-Based Personal Jurisdiction

By Henry R. Chalmers

Nature of claims and language in long-arm statutes may explain different outcomes.


Lawyers Are Ethically Bound to Civility and Professionalism

By Oran F. Whiting

Duty to advocate zealously is not license for uncivil conduct, says Indiana high court.


Attorney's Failure to Join Essential Party May Be Malpractice

By Angela Foster

Unsettled issue of law is not a silver bullet against attorney's inaction.


Informal Agreement Does Not Mean Done Deal

By Kathy Milenkovski

Requirements of Copyright Act not satisfied by informal email agreement between attorneys.


Truthful Off-Label Marketing is Protected Speech

By Jonathan B. Stepanian

Second Circuit deals blow to FDA attempts to restrict off-label marketing.


Ethical Limits on Rebutting Client's Disparaging Internet Comments

By Renee Choy Ohlendorf

Ethics Commission balances protection of former client against attorney defending his reputation.


Securities Class Action Resolutions Slow Down

By Lisa R. Hasday

Report points to a pending Supreme Court decision and fewer available cases.


Experts Cannot Be Shielded from Discovery by Re-designation

By M. Derek Harris

Expert disclosures, not designations, dictate discovery and use of experts.


Zealous Advocacy Balanced Against Collaborative Discovery

By Christina Michelle Jordan

Court provides case study on how to work out differences through electronic discovery.


Former Cocounsel Must Share the Fruits of Their Labor

By Ian S. Clement

Contingency fee firm's quantum meruit claim may proceed against former cocounsel.


Simple Negligence Sufficient for Ethics Violation

By Kelso L. Anderson

Attorney's failure to inform secondary court of withdrawal violates ethics requirement.


Malpractice Insurer Must Defend Lawyer Who Admits Mistake

By Jannis E. Goodnow

Ethical duty trumps policy that prohibits admission of liability.


Can Judges "Friend" Attorneys on Social Media?

By Bethany Leigh Rabe

The Tennessee Judicial Ethics Committee says judges must proceed with caution on social media.


Surprise Order Forces Parties to Identify Bloggers on Payroll

By Jannis E. Goodnow

Court orders disclosure of paid commentators making statements on issues in case.


Court Orders Cloning of a Nonparty Attorney's Computer

By Angela Foster

ESI of a nonparty attorney is discoverable if it does not unreasonably burden the attorney.


Overtime Recoverable in FMLA Claim

By Jonathan B. Stepanian

Establishing a right to recovery is simple, but calculating the award is more difficult.


Litigation Privilege Is No Defense to Malpractice Claim

By Joseph Callanan

Reporting an insured's illegal conduct, which voided coverage, negated the litigation privilege.


Contract Attorney's Conflict Not Grounds for Disqualification

By Natasha Saggar Sheth

Conflict not imputed to firm that outsourced work to contact attorney.


Court Imports E-Discovery Best Practices to the FOIA Realm

By Ian S. Clement

Federal agencies are required to cooperate on search protocols.


Georgia Judges Must Cure Harm of Improper Arguments

By Oran F. Whiting

Objecting party need not request remediation; courts' curative responsibility is mandatory.


Boundaries of Computer Fraud Insurance Coverage

By Renee Choy Ohlendorf

Commercial coverage policy extends to cyber claim.


Circuits Split on Valuing Offset Against Criminal Restitution

By Sean T. Carnathan

Timing of valuation makes a huge difference under federal act.


Discovery of Facebook Posts No Longer A Given

By Andrew J. Kennedy

A district court bucks the trend of allowing broad discovery of social media.


When an Expert Becomes a Judge-Elect, Testimony May Proceed

By Lisa R. Hasday

Florida allows judge-elect to finish testimony before taking the bench.


Attorney Gambles Chasing Fees and Loses Big

By M. Derek Harris

In fee disputes, recognize, evaluate, and know the risks before gambling on litigation.


Judicial Deliberative Privilege Trumps Subpoena Power

By Kelso L. Anderson

Massachusetts' high court announces rule protecting judges' deliberations in cases.


Privilege Depends on Conflicts and Nature of In-House Position

By Henry R. Chalmers

Law firms cannot assume communications with their own in-house counsel are privileged.


State Bar's Threat of Sanctions Violates Right to Free Speech

By Katerina E. Milenkovski

Rule of professional conduct is unconstitutional as applied to attorney's comments.


Class Counsel Denied $8.5 Million in Fees

By Bethany Leigh Rabe

"Egregious" conflict of interest leads to forfeiture of attorney fees in class action.


Cautionary Tale: Attorneys Must Guard Confidential Information

By Sara E. Costello

Attorneys can be subject to sanctions even for inadvertent violation of protective orders.


Death of a Salesman Exemption

By Teresa Rider Bult

Supreme Court finds salesmen are exempt under FLSA even when they don't "sell."


California Affirms Work Product Protection for Witness Statements

By Natasha Saggar

Witness statements afforded qualified protection; no protection for identity of witnesses.


Insurer Has Duty to Settle Even in Absence of Settlement Demand

By Caitlin Haney

The Ninth Circuit decision extends California law but leaves extent of duty largely undefined.


Pennsylvania Charts Its Own Path on Electronic Discovery

By Jonathan B. Stepanian

The state and federal rules are similar, but federal jurisprudence is rejected.


Treating Physicians Can Serve as Defense Experts

By Oran F. Whiting

New Jersey court broadens pool of available qualified medical experts.


Colorado's Different Ethics Approach to Litigation Expenses

By Angela Foster

Permissible versus impermissible financial advances depends on its purpose.


New Trend in Navigating the Minefield of Civil Rule 13(a)

By Andrew J. Kennedy

Test for compulsory counterclaims opens the door to balancing of the equities.


Limiting Availability of Interlocutory Appeals Regarding Privilege

By John W. Joyce

Privilege holder must obtain documents and endure contempt charge to pursue appeal.


Angry Birds Will Not Violate Bar Rules; Abusive Tactics Will

By Sean T. Carnathan

Abusive tactics and juvenile antics get attorney and firm disqualified.


Attorney's Settlement "Mistake" Raises Ethical Questions

By Renee Choy Ohlendorf

Plaintiff's lawyer disavows last-minute settlement after learning jury would have awarded $9 million.


Ethics Commission Recommends Updates to Model Rules

By Sara E. Costello

Proposals target technology, lawyer mobility, and outsourcing.


Predictive Coding Portends Change in Discovery Practice

By Swati S. Desai

The courts' acceptance of computer-aided search could reduce review costs.


Courts Address Preservation of Personal Electronic Device Data

By Christina Michelle Jordan

Preservation orders differ over scope of relief granted.


Bright-Line Rule Adopted for Citizenship of Defunct Corporation

By Joseph Callanan

Dissolved corporation has no principal place of business under diversity jurisdiction test.


Flat-Fee Arrangements May Carry Sharp Consequences

By Jonathan B. Stepanian

Attorneys should exercise care in preparing flat-fee agreements.


SC Bar Ethics Committee Advises Against JustAnswer.com

By Bethany Leigh Rabe

Lawyers must be cautious of ethical pitfalls in question-and-answer websites.


Think Settlement Negotiations Are Confidential? Think Again.

By Jannis E. Goodnow

Federal Circuit allows discovery of settlement negotiations in patent dispute.


Prometheus's Patent Ruled a Myth

By Katerina E. Milenkovski

Supreme Court finds diagnostic test an unpatentable law of nature.


Forensic Expert Permitted to Identify Keyboard User

By John W. Joyce

Limited access to multiple computers with similar file structures is an acceptable ultimate issue opinion.


Supreme Court Limits FMLA Claims Against States

By Lisa R. Hasday

Sovereign immunity bars relief under the self-care provision.


Federal Procedural Rules Trump Hague Convention

By Douglas E. Motzenbecker

French-blocking statute did not excuse foreign corporation from U.S. discovery obligations.


Fiduciary Duty Exception to Privilege Inapplicable in Illinois

By Oran F. Whiting

Legal advice to law firm is protected from disclosure to firm's client.


Prison Is Not a Custodial Environment for Miranda Purposes

By Swati S. Desai

Supreme Court upholds interrogation about other crimes in "normal" prison environment.

 

Managers of Delaware LLCs Owe Fiduciary Duty Except by Agreement

By Joseph Callanan

Chancery court rules that duty owed unless modified by parties, but Supreme Court may rule otherwise.

 

Court Misses Chance to Tackle Unpatentable Abstract Ideas

By Christina Michelle Jordan

Federal Circuit holds claims are not patent-eligible, but definition of "abstract ideas" remains murky.

 

Congress Guts Bill of Rights

By Mark A. Drummond

Repeal contained in footnote to Omnibus Health-Care Bill.

 

Feds Give Corporations Vote; Chancery Court Abolished

By Avril Poisson

After Citizens United, state and federal lawmakers take action.

 

Bonds and Environmental Blunders in Engagement Letters

By Kent A. Lambert

Louisiana case against bond counsel underscores value of proper limits on scope of representation.

 

Interpreter Must Take Oath to Make True Translation

By Kathy Milenkovski

Failure to swear translator not necessarily a reversible error.

 

First Circuit Limits Sarbanes-Oxley's Whistleblower Protection

By Sara E. Costello

Court holds 2–1 that statute only protects employees of public companies over sharp dissent.

 

Intervenors Still in Limbo on Standing Requirements

By Renee Choy Ohlendorf

Courts consider whether intervenors must establish Article III standing under FRCP 24.

 

Expansive Reading of Rule 30(e) Adopted in Massachusetts

By Natasha A. Saggar

Majority view allowing all changes to depo erratas is adopted by state high court.

 

Pre-Eligibility Protection under FMLA

By Jannis E. Goodnow

Employee's advance notice of potential maternity leave triggered FMLA rights.

 

Nevada Offers Pharmacists Bitter Pill

By Teresa Rider Bult

Court adopts "learned intermediary" defense, but refuses to apply it.

 

California High Court Limits Product Liability in Unusual Asbestos Case

By Bethany Leigh Rabe

Strict liability is not necessarily extended to manufacturer for incorporated component products.

 

Judge Rejects SEC's Position on Citigroup Consent Judgment

By Sean T. Carnathan

The $95 million penalty is "pocket change," the judge says.

 

Attempted Release of Sanctions Liability Spells Trouble

By Oran F. Whiting

Lawyer should not commingle release of claims against firm with settlement of client's underlying lawsuit.

 

Circuits Split on Materiality in Securities Class Actions

By Swati S. Desai

Courts debate proof versus plausibility at pleadings stage.

 

Second Circuit Lifts Sanction on Ghostwriting Petition

By Lisa R. Hasday

Should a court sanction an attorney for helping pro se litigants draft and file petitions for review?

 

Party Relieved from Estimated 95-Million-Page Review

By Brian A. Zemil

Court overrides parties' agreement requiring broad retrieval of data in unallocated space.

 

Accounting for Damages for Dummies: Expert Opinion or Not?

By Renee Choy Ohlendorf

Accountants' testimony on preparation of proofs of loss is lay opinion.

 

Seventh Circuit Affirms Federal Preemption in Food-Labeling Case

By Natasha A. Saggar

The Food and Drug Act trumps non-conforming state laws.

 

Counsel Enjoined From Contacting Non-Party Witnesses

By Sara E. Costello

Court concludes discouraging witnesses from speaking with opposing counsel is improper.

 

Pro Se Bankruptcy Filings Growing Faster than Other Debtor Relief

By Joseph Callanan

Two-to-one growth rate may be due to federal reforms increasing potential liability.

 

Think Before You Seal

By Lisa R. Hasday

New U.S. Judicial Conference policy urges annual review of sealed case files.

 

Colorado Denies Privilege for Guardian Ad Litem

By Lisa Bliss

Should attorney-client privilege apply to lawyers' conversations in a guardian ad litem role?

 

Ninth Circuit: Foreign Civil War Subject to Federal Jurisdiction

By Jonathan B. Stepanian

Split widens as Supreme Court to decide jurisdictional scope under Alien Tort Statute.

 

Chancery Court Awards $1.263 Billion in Derivative Action

By Sean T. Carnathan

Special committee approval not enough to shield merger decision.

 

New Jersey Revamps Test for Eyewitness Identifications

By Natasha A. Saggar

State supreme court lowers threshold for pretrial hearings, orders new jury instructions.

 

Circuit Split Emerges over National Banks' Citizenship

By Oran F. Whiting

Banks' principal place of business not determinative for diversity jurisdiction.

 

ABA Proposes Rule Changes to Aid Multijurisdictional Practice

By Jesyca Westbrook

Comment period for revised Model Rules of Professional Responsibility closes November 30.

 

Kansas High Court Affirms Right of Nonparty to Destroy Records

By Brian A. Zemil

Failure to show special relationship with entity shredding documents fatal to spoliation claim.

 

Federal Circuit Cracks Down on Non-Practicing Entities

By Swati S. Desai

"Patent troll" and attorney must pay $631,135 in fees, costs, and sanctions for extortionate claim.

 

Legal Malpractice Case Emphasizes Client Duties

By Teresa Rider Bult

Debate grows on use of contributory negligence defense in malpractice claims.

 

New Guidance on Changing Fee Arrangements During Representation

By John W. Joyce

Key considerations in ABA Formal Opinion 11-458 include reasonableness, communication, and consent.

 

Manufacturer and Supplier Fail to Establish Joint Privilege

By Lisa R. Bliss

Community-of-interest privilege requires more than a written agreement to avoid disclosure.

 

Circumstantial Evidence May Be Sufficient to Infer Product Defect

By Joseph Callanan

“Malfunction theory” allows plaintiffs to meet burden of proof without evidence of defective product.

 

Second Circuit Takes Broad View of RICO Amendment

By Sara E. Costello

Ruling bars RICO claims against those accused of aiding and abetting securities fraud.

 

States Enact Expert Witness Legislation for Medical Injury Actions

By Christina Michelle Jordan

Florida passes legislation on expert witnesses, requiring certification to testify.

 

Michigan Adopts New Jury-Reform Rules

By Lindsay M. Sestile

Jurors can ask questions during trial, discuss the case before deliberations, and take evidence into the jury room.

 

California May Get New Rules of Professional Conduct

By Renee Choy Ohlendorf

Modified version of ABA's Model Rules of Professional Conduct awaiting approval.

 

District Court Taxes Losing Litigant $367,359 in E-Discovery Costs

By John W. Joyce

Disputes over the taxability of e-discovery costs escalating with increasingly sophisticated demands for ESI.

 

Ninth Circuit Sets Limits on Breaking Jury Deadlock

By Karen L. Stevenson

Court usurped jury’s role by allowing supplemental arguments on deadlock issues.

 

Federal Courts Can't Regulate Greenhouse Gases under Common Law

By Katerina Milenkovski

Clean Air Act has displaced federal common law by delegating regulatory authority to EPA.

 

Second Circuit Exempts Commercial Paper Redemptions from Bankruptcy Avoidance

By Jonathan B. Stepanian

"Settlement payments" protected by Safe Harbor under § 546 of Bankruptcy Code.

 

NYC Bar Weighs in on Litigation Financing

By Bethany Leigh Rabe

Third-party financing arrangements "not unethical per se," but beware of pitfalls.

 

Supreme Court Maintains Status Quo for Patent Invalidity Standard

By Natasha A. Saggar

Ruling reaffirms high standard of proof necessary to demonstrate patent invalidity.

 

ABA Commission Proposes Guidance on Using New Technology in Marketing

By Jannis Goodnow

Amendments to Model Rules would clarify client development in Internet Age.

 

U.S. Supreme Court Shifts Basic Personal Jurisdiction Rules

By M. Derek Harris

Stream of commerce test does not control outcome of personal jurisdiction cases.

 

Minnesota Extends Education-Malpractice Doctrine to Aircraft Manufacturer

By Christina Michelle Jordan

Dissent argues result goes beyond settled principles of negligence law.

 

Is Zippo Getting Zapped?

By Kent A. Lambert

Florida court rejects Zippo's "sliding scale" for jurisdiction over Internet activity.

 

Texas Expands "Loser Pays" Rule

By Robert C. Rodriguez

Texas governor makes good on campaign pledge to try to curb "frivolous" lawsuits.

 

N.Y. Adopts Limited License for Out-of-State In-House Counsel

By Brian A. Zemil

Limited practice by U.S. attorneys permitted; Non-U.S. lawyers still on the bench.

 

Federal Pilot Program on Courtroom Cameras Goes Live

By Oran F. Whiting

Program limited to civil proceedings where parties consent to recording.

 

Federal Rule Amendments Coming on December 1

By Swati S. Desai

Amendments to bankruptcy, appellate, and criminal rules on tap.

 

Internet-Based Evidence: Is It What It Says It Is?

By Karen L. Stevenson

Litigators must carefully consider how evidence gathered from the Internet will be authenticated.

 

Tenth Circuit Turns a "Gimlet Eye" on Challenges to Sanction Orders

By Jesyca M. Westbrook

Appellate court embraces three-strikes test for discovery sanctions and broad discretion of district court in ordering sanctions.

 

Court Orders Production of "Judicial Hellhole" Public Relations Proposal

By Renee Choy Ohlendorf

Proposed negative publicity campaign against judicial system raises issues of privilege and ethics.

 

Take Reasonable Care When Storing Client Data in the Cloud

By Sara E. Costello

Lawyers should scrutinize vendor agreements and stay informed of technological advances.

 

Section Sponsors Training for Public-Interest Litigators

By Lisa R. Bliss

Volunteer faculty provided practical training and diverse perspectives at a free session in Atlanta, Georgia.

 

South Carolina Clarifies Jury Instructions on Negligence

By Kristine L. Roberts

Jurors can compare ordinary and heightened degrees of negligence to assess each party's relative fault.

 

Assessing Privilege Waiver When Clients Make Disclosures to the Press

By Henry R. Chalmers

Fairness and prejudice to opposing party can determine whether waiver will be partial or total.

 

E-Discovery Sanctions Awarded after Case Is Closed

By M. Derek Harris

In addition to civil contempt award, transgressor must make past and future opponents aware of sanctions order.

 

Facebook Postings Subject to Federal Anti-Spam Law

By Katerina Milenkovski

Court breaks new ground in expanding CAN-SPAM restrictions to nontraditional electronic messages.

 

Policyholder Forfeits Coverage by Rejecting Carrier's Appointed Counsel

By John W. Joyce

Court holds failure to accept defense counsel is breach of insured's duty to cooperate.

 

An Open-Ended Retainer Does Not Equate to Ongoing Representation

By Lindsay M. Sestile

California court holds that a "framework" retainer agreement is insufficient to establish attorney-client relationship.

 

Proposed New York Rule on Judicial Disqualification Due to Campaign Contributions

By Lisa R. Bliss

Should states enact a bright-line rule?

 

Materiality of Alleged Misrepresentations Not Dependent on Statistical Significance

By Sean T. Carnathan

When do drug companies have to disclose adverse event reports to avoid securities fraud claims?

 

Court Compels Settlement Based on Attorney's Assent and Despite Client Protests

By Tiffany M. Williams

Clarity is key when communicating with clients, regarding settlement agreements.

 

Testing the Limits of Damage Awards in Mass Infringement Copyright Litigation

By Kent A. Lambert

Courts tackle calculating damages for inducement of mass infringements of individual works.

 

Court Protects Internal Law Firm Email from Disclosure to Former Clients

By Anthony R. McClure

Federal district court allows law firm to rely on narrow privilege under New York law.

 

Court Refuses to Suspend Trial for Litigant's Religious Observance

By Brian A. Zemil

Religious beliefs prohibited litigant or his attorney from appearing for two days of trial.

 

Seventh Circuit Clarifies Standards for 28 U.S.C § 1782 Discovery Requests

By Elenore Cotter Klingler

Domestic companies face discovery burdens in U.S. courts from litigation in foreign tribunals.

 

Ninth and Fourth Circuits Highlight Split over Removal Deadline

By Sara E. Costello

Courts take different approaches to calculate 30-day removal deadline.

 

California Retailers Banned from Asking for ZIP Codes

By Karen L. Stevenson

Expanding definition of personal identification information fosters additional litigation against retailers.

 

Supreme Court Allows Third-Party Retaliation Claim Under Title VII

By Effie D. Silva

Relationship between coworkers a key consideration in Court's analysis.

 

Ninth Circuit Enters Debate on Software Licensing and Copyright Law

By Kristine L. Roberts

Decision creates potential circuit split on "anti-circumvention" rights of copyright owners.

 

Ninth Circuit Reverses Conviction of Former McAfee CFO

By Katerina Milenkovski

"Overzealous prosecution" is overturned on appeal.

 

Courts Continue to Struggle with "Authorized Access" under CFAA

By Lindsay M. Sestile

Courts weigh criminal liability under Computer Fraud and Abuse Act.

 

"Civil Death Penalty" Sanction May Not Implicate Due Process Concerns

By Henry R. Chalmers

No evidentiary hearing required before imposing sanction striking defendant's answer on liability.

 

Inadvertent Disclosure Results in Disqualification of Opposing Counsel

By M. Derek Harris

Know the rules before handling inadvertently disclosed information.

 

Sixth Circuit Eases E-Discovery Burden for Agencies Under FOIA

By Lisa R. Bliss

Agencies do not necessarily need to search for deleted electronic files.

 

Ninth Circuit Upholds Admission of Settlement Offer

By Tiffany M. Williams

Reminder for litigators that settlement offers are not always inadmissible.

 

$100 Million Legal Malpractice Verdict Provides Lessons for Litigators

By Sherry L. Talton

Practical lessons regarding conflicts of interest.

 

ABA Section of Litigation Tackles Implicit Bias

By Mark A. Drummond

Leadership meeting showcases important research on implicit bias and the Section's efforts to foster awareness.

 

Washington Supreme Court Reassesses Economic Loss Rule

By Kent A. Lambert

Court replaces the economic loss rule with independent duty doctrine.

 

Improper Notary Practice May Lead to Attorney Discipline

By John W. Joyce

Pennsylvania disciplinary board cautions attorneys regarding breach of notary statutes.

 

Seventh Circuit Clarifies Limits of SLUSA Discovery Stay

By Effie D. Silva

Prevalence of high-deductible policies may make such bad faith claims more common.

 

Tenth Circuit Affirms Exclusion of "Human Factors" Expert

By Anthony R. McClure

Lack of testing dooms plaintiffs' design defect case.

 

Judicial Criticism of Child Pornography Sentencing Guidelines Continues

By Brian A. Zemil

Policy disagreement shows growing judicial dissatisfaction with guidelines.

 

Evidence of Subsequent Remedial Measures Excluded in Contract Case

By Robert C. Rodriguez

District court strives for predictability in applying exclusionary rule.

 

DOJ Nixes No Cold Call Agreements

By Elenore Cotter Klingler

Settlement with Google and others ends agreements that DOJ claims were illegal.

 

Magistrate Judge Examines Broad Scope of Rule 30(b)(6) Depositions

By Karen L. Stevenson

Ruling rejects minority view limiting Rule 30(b)(6) deposition to specified topics.

 

Judge Sues Lawyer over Publication of Judicial Conduct Complaint

By Sara E. Costello

Judge files defamation lawsuit against attorney who accused him of berating colleagues.

 

Reporter's Privilege Receives Increasing Attention from States

By Anthony R. McClure

Debate continues over possible federal shield law.

 

ABA Ethical Opinion Focuses on Attorney Websites

By William J. Cantrell

Opinion provides guidance on attorney website content and design.

 

Orders Highlight Need for Diversity in Appointing Class Counsel

By Duchess Harris

Judge seeks to ensure minority and female lawyers assigned to work as class counsel.

 

Jail Time for Spoliation?

By Sean T. Carnathan

Decision pushes limits of available sanctions for spoliation.

 

Court Allows Discovery of Deleted Facebook and MySpace Pages

By Kristine L. Roberts

No reasonable expectation of privacy despite strict privacy settings.

 

Illinois Finally Codifies Rules of Evidence

By Katerina Milenkovski

State supreme court retires arcane system based on case law, statutes, and court rules.

 

South Carolina Supreme Court Endorses Risk-Utility Test

By Jeffrey B. Tracy

Majority of jurisdictions apply some form of risk-utility test to design defect claims.

 

Ethical Fallout from the Foreclosure Crisis

By John W. Joyce

State attorneys general question accuracy of evidence submitted during foreclosure proceedings.

 

Seventh Circuit Criticizes Lower Court for Disregarding Uncorroborated Evidence

By Tiffany M. Williams

Summary judgment reversed on hostile work environment claim due to improperly discounted testimony.

 

California Decision Focuses on Juror Perceptions of Witness Attire

By Robert C. Rodriguez

Reminder for litigators to anticipate and evaluate how witness attire may impact jurors.

 

Number of New FLSA Lawsuits Filed Each Year Continues to Rise

By Anthony R. McClure

Employment litigators address reasons behind the increase and its impact on their practices.

 

Representing Clients with Limited English Proficiency

By Lisa R. Bliss

Ethical challenges await attorneys who need to overcome a language barrier with their clients.

 

FTC: System for Consumer Debt Collection Is Broken

By Sherry L. Talton

Litigators debate impact of FTC report on litigation and arbitration.

 

Court Allows Bad Faith Claim for Insurer's Failure to Settle Within Deductible

By Effie D. Silva

Prevalence of high-deductible policies may make such bad faith claims more common.

 

Lateral Associate's Conflict of Interest Disqualifies Law Firm

By Karen L. Stevenson

Decision analyzes application of substantial relationship test to patent litigators.

 

Failure to Show Witness's Unavailability Results in Exclusion of Testimony

By Sara E. Costello

Decision reminds counsel to demonstrate good faith efforts to secure a witness's attendance.

 

Ethical Concerns Preclude In-House Counsel's Reinstatement

By Brian A. Zemil

Wisconsin Supreme Court vacates arbitration panel's reinstatement award to former in-house counsel.

 

Supreme Court Clarifies Proper "Relation Back" Analysis

By William J. Cantrell

Rule 15(c)(1)(C) analysis focuses on the knowledge of the party to be added.

 

Eleventh Circuit CAFA Decision Creates Uncertainty

By Elenore Cotter Klingler

Decision throws jurisdictional status of originally filed CAFA class actions into question.

 

D.C. Circuit Protects Attorney Work Product in Auditor Documents

By Katerina Milenkovski

Work-product protection not necessarily waived by sharing documents with auditors.

 

In-House Counsel's Inactive Bar Status Causes Loss of Privilege

By Duchess Harris

Burden to verify counsel's bar status lies with the corporation.

 

The Reengineering of State Court Operations

By Lindsay M. Sestile

NCSC report outlines potential changes that could impact litigators.

 

Pro Hac Vice Status Revoked after Ex Parte Contact with Opponent's Expert Witness

By Sean T. Carnathan

Courts disagree on propriety of attorneys' conduct.

 

"Machine-or-Transformation Test" Rejected as Sole Test for Process Patents

By Kristine L. Roberts

High Court split on the validity of business method patents.

 

Social Media Spurring Consumer Protection Litigation?

By Karen L. Stevenson

Litigators assess the benefits of using online social media.

 

Is It Time for a Federal Rule on Preservation?

By Kent A. Lambert

E-Discovery Panel outlines elements of a new rule on preservation.

 

Federal Circuit to Hear Appeal of Human Gene Patent Decision

By Kristine L. Roberts

District court decision may threaten patents covering thousands of human genes.

 

High Court Decision May Contradict Prior Statute of Limitations Ruling

By Teresa Rider Bult

Title VII decision invites more intervention from Congress.

 

Magistrate Judges Weigh Showing Necessary for "Apex" Depositions

By John W. Joyce

CEO public statements and declarations are key considerations.

 

Court Addresses Copyright Implications of Documents Posted on EDGAR

By Robert C. Rodriguez

Copyright infringement claim for resale of publicly filed documents may proceed.

 

Class Action Challenge to N.Y. Public Defender System Moves Forward

By Lisa R. Bliss

Indigent criminal defendants seek to protect right to counsel.

 

Diverging Views on "Ghostwriting" Documents for Pro Se Litigants

By Effie D. Silva

Bench and bar weigh in on ethical pitfalls of ghostwriting.

 

Second Circuit Limits "Secondary Actor" Securities Claims

By Jeffrey B. Tracy

Decision shields secondary actors, such as outside counsel, from certain securities fraud claims.

 

Florida Federal Court Excludes "Advocate" Expert's Testimony

By Brian A. Zemil

Expert witnesses must remain objective and base opinions on their expertise.

 

High Court Refuses to Compel Class Arbitration Where Agreement Is Silent

By Anthony R. McClure

Class arbitration cannot be imposed under FAA unless parties agree.

 

Supreme Court Sets Limits for Enhanced Fee Awards

By Sherry L. Talton

Attorneys have to work harder to obtain "enhanced" attorney fees for public interest cases.

 

Arizona Ethical Opinion Stresses Safety of Client Information Online

By Effie D. Silva

Attorneys must regularly review online security measures to ensure client protection.

 

$4.3 Million Attorney Fees Sanction Reversed

By Elenore Cotter Klingler

Reaffirmation that lawyers can raise legitimate issues in a case without being sanctioned.

 

Eleventh Circuit Upholds Dismissal of Securities Fraud Case

By Lindsay M. Sestile

Motion relied on documents outside the four corners of the complaint.

 

Taking Judicial Notice in the Internet Age

By William J. Cantrell

Second Circuit decision raises questions about Internet use and judicial notice.

 

Second Circuit Approves Attorney Advertising

By Sean T. Carnathan

Attorney advertising cannot mislead the public or discredit the image of the profession.

 

Opposing Party Ordered to Pay Expert Deposition Preparation Fees

By Duchess Harris

Expert witness fees quoted for defendant different from fees quoted for plaintiff.

 

Supreme Court Decision Clarifies Diversity Statute's Terminology

By Teresa Rider Bult

Recent decision in Hertz v. Friend may confuse statute's underlying purpose.

 

Ethics Opinion Stresses Risks Associated with Temporary Attorneys

By Robert C. Rodriguez

Economy forces law firms to lay off newer associates and to hire contract attorneys.

 

Judge Approves Bank of America—Merrill Settlement

By Jeffrey B. Tracy

Court’s oversight role in approving settlements redefined, despite “half-baked justice.”

 

ABA Supports Retooling Immigration Court System

By Lisa R. Bliss

New system would hear both trials and appeals of immigrant removal cases.

 

Kelley Drye Pressured to Eliminate Mandatory Retirement Policy

By Elenore Cotter Klingler

EEOC suit claimed firm's de-equitizing of partners violates the Age Discrimination Act.

 

Federal Circuits Split on Computer Fraud and Abuse Act

By Brian A. Zemil

Federal circuit courts disagree on the meaning of “without authorization.”

 

Wyeth v. Levine's Preemption Analysis Extended to Generic Drug Cases

By Karen L. Stevenson

Failure-to-warn claims against generic drug makers not preempted by FDA labeling statutes?

 

Seventh Circuit Blocks Class Action from Returning to Kansas Court

By Anthony R. McClure

Court reverses district court's order to remand case to Kansas under home-state exception.

 

EEOC: Mandatory Retirement Policy Violates Age Discrimination Act

By Elenore Cotter Klingler

Government files suit against Kelley Drye for de-equitizing partners after age 70.

 

Court Reminds "Forwarding Counsel" of "Local Counsel" Duties

By William J. Cantrell

Delaware Court letter defines the roles of in-state and out-of-state counsel.

 

Pragmatism, but No Compassion in Foreclosure

By Sean T. Carnathan

Florida trial court chastised for granting continuance to homeowner.

 

Supreme Court Rejects Immediate Appeal of Adverse Privilege Rulings

By Kristine L. Roberts

Decision adopts majority rule among circuits, raises questions about alternative remedies.

 

Pension Committee and the New Standards for E-Discovery Shortfalls

By Lindsay M. Sestile

Southern District of New York redraws criteria for e-discovery sanctions.

 

Nevada Supreme Court Wades Into Media Access to Juror Questionnaires

By Katerina Milenkovski

Court holds that press access to juror questionnaires is no invasion of privacy.

 

Alabama Supreme Court Overturns Fraud Verdicts Against Drug Companies

By Karen L. Stevenson

Court reverses over $275 million in verdicts against companies accused of manipulating prices.

 

GINA: Water Cooler Cause of Action or Overdue Legislation?

By Teresa Rider Bult

Advances in medical technology, genetic information carry potential for abuse.

 

Iowa Court Asserts Balancing Test for Foreign Intervenors in Microsoft Case

By Kent A. Lambert

Plaintiffs in Canadian suits granted access to documents produced, under a protective order, in Iowa case.

 

Prosecutorial Misconduct Leads to Dismissal of Broadcom Criminal Charges

By Henry R. Chalmers

Intimidation of witnesses deprives defendants of their Sixth Amendment rights.

 

Decisions Reflect Limitations of Evidence Obtained from Internet

By Robert C. Rodriguez

Use of evidence from social networking sites presents admissibility issues.

 

Examining the Feasibility of a National Uniform Bar Exam

By Tiffany M. Williams

Resurgence of interest in national exam sparks debate in legal community.

 

Restrictions on Legal Aid Organizations Do Not Violate First Amendment

By Lisa R. Bliss

Ninth Circuit upholds restrictions on legal aid organizations receiving LSC funds.

 

Eleventh Circuit Excludes Attorney Fees from Money Laundering Statute

By Sherry L. Talton

Decision in U.S. v. Velez, et al. shields attorneys from criminal prosecution under 1988 law.

 

Court Rejects Bank of America–Merrill Settlement, Changes Securities Landscape

By Jeffrey B. Tracy

SEC case pulls courts further into executive pay scandals in wake of financial crisis.

 

Arizona Declares Metadata Fair Game for Open Records Requests

By Elenore Cotter Klingler

State supreme court overturns court of appeals decision that metadata is not public record.

 

Eighth Circuit Upholds Class-Action Waiver

By Anthony R. McClure

Court reverses district court’s holding that Chase Bank’s class-action waiver was substantively and procedurally unconscionable.

 

Ethics Advisory Opinion Requires Attorneys to Police Web-Based Profiles

By Brian A. Zemil

South Carolina Bar’s Ethics Advisory Committee expands traditional ethics rules to world of web-based ratings services.

 

Is Medical Malpractice Reform Working?

By Lindsay M. Sestile

Washington Supreme Court's recent decision in Putman v. Wenatchee Valley Med. Ctr. has medical malpractice practitioners questioning future of reform.

 

ABA Section of Litigation to Recommend Changes to Federal Rules

By Jeffrey B. Tracy

Section, Advisory Committee for Civil Rules take comprehensive look at federal civil litigation system.

 

Are Greenhouse Gas Emissions a Public Nuisance?

By Katerina Milenkovski

Second and Fifth Circuit courts allows significant climate change cases to proceed.

 

Attorney-Client Privilege Issues Challenge Corporate Investigations

By Henry R. Chalmers

United States v. Ruehle serves as stern warning for joint representation.

 

Protecting Common Interest from Imputed Disqualification

By Tiffany M. Williams

"Common-interest” privilege parameters still being defined.

 

Judge Denies Motion and Redlines Mistakes

By Sean T. Carnathan

Attorney ordered to show corrected version of sloppy motion to his client.

 

Practical Advice for Lawyers Dealing with Slow-Paying Clients

By Katherine W. Wittenberg

Implementing good business practices, insisting on payment yield positive results.

 

FTC Barred from Applying Red Flags Privacy Rule to Lawyers

By Lindsay M. Sestile

ABA prevails in federal suit against FTC; lawyers exempt from creditor status.

 

Ibarra Reveals Limits to Woodshedding of Witnesses

By Teresa Rider Bult

Fifth Circuit decision sends strong reminder that witness preparation carries risks.

 

Motions to Compel ESI Denied in Two Recent Decisions

By Michael D. Berman

Judges take more active role weighing discovery costs against the needs of the cases.

 

Work-Product Protection Denied to Tax Accrual Workpapers

By Robert C. Rodriguez

First Circuit throws the law of work-product protection into disarray.

 

States Weigh Disclosure of Liability Insurance Status to Clients

By Lisa R. Bliss

Professional liability disclosure rules for lawyers reveal diverging trends among states.

 

Support Programs Spring from Post-Katrina New Orleans

By Kent A. Lambert

SOLACE and HELP programs bridge gaps between lawyers and those in need.

 

Court Construes Exception to Psychotherapist-Patient Privilege

By Sherry L. Talton

Litigators, plaintiffs should take heed of district court assertion of “patient-litigant” waiver.

 

RICO Class Action Controversy Continues

By Kent A. Lambert

Petition for certoriari filed to challenge Eleventh Circuit decision in Williams v. Mohawk Industries.

 

Approaches to E-Discovery Rules Vary from State to State

By Elenore Cotter Klingler

While many states forge ahead with their own e-discovery laws, others are taking a “wait-and-see” approach.

 

Holey Footwear Delays Resolution of Florida Case

By Brian A. Zemil

“Ruse” to appear “humble and simple” triggers motion to compel defense counsel to wear appropriate shoes.

 

Third Circuit Finds Rejected Settlement Offers a Factor in Fee Awards

By Effie D. Silva

Evidence of failed settlement negotiations may be used to measure attorney fees.

 

Second Circuit Rules Hacking May Violate Rule 10b-5

By Karen L. Stevenson

Computer hacking may be next frontier in civil enforcement under Securities and Exchange Act.

 

Attorney-Client Privilege Trumps Workplace Computer Data Regulations

By Sean T. Carnathan

NJ decision suggests privilege outweighs employer interests.

 

Magistrate Judge Orders Jail Time for Voir Dire Question

By Anthony R. McClure

Federal district court issues harsh sanctions for violation of in limine order.

 

"Clerk-Loaning" Program Sparks Ethical Debate

By Duchess Harris

MA decision allows law firms to pay future associates to take volunteer clerkships.

 

Social Networking Sites Carry Ethics Traps and Reminders

By Tiffany M. Williams

Rules of professional responsibility apply to social networking sites.

 

Supreme Court Vindicates Reverse Discrimination Claim

By Kristine L. Roberts

Divided ruling highlights future battles in disparate-impact cases.

 

Future of Mandatory Arbitration of Consumer Disputes in Doubt

By Henry R. Chalmers

Efforts are underway to reign in or prohibit mandatory arbitration agreements.

 

Courts Restrict Suits Against Insurers under Consumer Rights Laws

By Effie D. Silva

New regulation may interfere with balance of interests overseen by insurance departments.

 

Specialized Courts Continue to Take Hold

By Amy G. Doehring

States implementing courts dedicated to resolving complex litigation cases.

 

Environmental Groups Come up Short in Latest Supreme Court Term

By Katerina Milenkovski

High Court sides with businesses and/or the government in five cases.

 

U.S. Supreme Court Defines “Probability of Bias” Standard

By Jeffrey B. Tracy

Recusal required by judges who accept campaign contributions from litigants who appear before them.

 

Starbucks Reversal Stirs Employment Law Community

By Teresa Rider Bult

Eighty-six-million-dollar reversal leaves questions regarding employee tip sharing.

 

Blawgers Eye Ruling as Protection from Advertising Proscription

By Matthew A. Goldberg

New York Appeals Court reverses decision causing great concern among legal writing community.

 

Managing Emails, Online News, and Social Networking

By Shanya Dingle

Using tools, skills to manage emails and online information allows lawyers to work smarter.

 

Courts Wrangle with Twittering by Jurors

By Duchess Harris

Courts respond to twittering in jury boxes by "outlawing" social networking activity.

 

Can Email Create Personal Jurisdiction over a Foreign Defendant?

By Katherine W. Wittenberg

Fourth Circuit decision highlights importance of forum selection.

 

Using the Internet to Save on Legal Research Costs

By Lisa R. Bliss

Proliferation of legal materials online offers promise of reduced research expenses.

 

Federal Judges Try Again for Cost-of-Living Raises

By Brian A. Zemil

Court of Federal Claims case revives debate over salaries, quality of federal judiciary.

 

Economy Renews Billable Hour Debate

By Sherry L. Talton

Clients and firms look for alternative fee arrangements to reduce legal expenses.

 

First Circuit Rejects Webcasting of Civil Hearing

By Anthony R. McClure

Local rule precludes district court from permitting civil hearing to be broadcast via webcast.

 

Eighth Circuit Reassigns Judge, Reverses Dismissal

By Kristine L. Roberts

Judge’s remarks in discovery-sanction dismissal created appearance of partiality.

 

Supreme Court Reverses Second Circuit Decision in FCC v. Fox TV

By Elenore Cotter Klingler

Fleeting expletives on broadcast television are subject to sanction, at least for now.

 

Ninth Circuit Rejects Pre-Agreed Sliding Scale Incentive Awards

By Karen L. Stevenson

Prearranged incentives for named class plaintiffs push ethical and procedural boundaries.

 

Communications Between Law Firm and Former Broadcom CFO Suppressed

By Kristine L. Roberts

Decision highlights perils of joint representation of corporations and employees.

 

Is Justice Denied a Shortcut to Anarchy?

By Katerina Milenkovski and Mary S. Diemer

State courts funding crisis continues to result in postponed trials, hampering access to justice.

 

EPA Proposes Regulation of Greenhouse Gases under Clean Air Act

By Katerina Milenkovski

Following recent U.S. Supreme Court ruling, agency issues proposed endangerment finding.

 

Delaware High Court Issues Game-Changer on Fiduciary Duty

By Sean T. Carnathan

Could decision eliminate claims against corporate boards for violating duty of good faith?

 

Texas Supreme Court Prodigy Decision to Affect Insurance Claims?

By Lindsay M. Sestile

Notice “as soon as practicable” does not defeat coverage in absence of prejudice to insurer.

 

Maryland Court Limits Internet Anonymity in Defamation Cases

By Kent A. Lambert

Guidance threatens rights of web users anonymously posting defamatory online comments.

 

New Florida Ruling Raises Questions on Attorney Ethics

By Teresa Rider Bult

Decision allowing attorneys to file actions against former corporate clients pending appeal.

 

Seventh Circuit Applies Discovery Rule to Claim for Civil Penalty

By Amy G. Doehring

Ruling marks Seventh Circuit's departure from holdings of other circuit courts.

 

Maine Court Sounds Death Knell for Service by Publication

By Matthew A. Goldberg

Decision based on decline of print newspapers, rise of Internet-based communication.

 

Supreme Court Limits Federal Jurisdiction to Compel Arbitration

By Henry R. Chalmers

Jurisdiction applies to plaintiff state court claims, not defendant counter claims.

 

Global Accounting Firms May Face Liability for Foreign Affiliates

By Karen L. Stevenson

Deloitte denied summary judgment in securities class action.

 

Southern District of Florida Online Once Again

By Effie Silva

Revised order simplifies public access to criminal plea agreements.

 

Metadata Uncertainty Extends to Public Records Law

By Elenore Cotter Klingler

Appeals court decision increases complexity of metadata retention.

 

Lawyers Heed Call to Volunteer Pro Bono Service

By Lisa R. Bliss

Impact of economic downturn creates opportunities for lawyers to serve.

 

Attorney-Client Privilege Extends Beyond Payroll

By Brian A. Zemil

Ruling emphasizes function over form for privilege issues.

 

Seventh Circuit Holds That CAFA Trumps Securities Act

By Sherry L. Talton

Potential conflict between circuits leaves litigators in need of guidance.

 

Courts Question Viability of Class Action Waivers

By Anthony R. McClure

Decisions deal blow to arbitration clauses prohibiting class actions.

 

Judicial Elections Continue Under Fire

By Kent A. Lambert

Panel lead by O’Connor makes case for merit selection of judges.


Computers to Replace Lawyers? Not Yet

By Duchess Harris

New digital landscape creates challenges, opportunities for lawyers.


Siemens Rethinks Bribery as a Business Strategy

By Michael D. Berman

FCPA-related fine smashes existing record by factor of ten or more.


Model Rule 1.10 Amendments Affect Lateral Moves

By Jeffrey B. Tracy

Amendment raises concern over lack of need for client consent.

 

Third Circuit Raises Bar for Class Certification

By Kristine L. Roberts

Court clarifies “rigorous analysis” required of district judges.

 

Strategic, Ethical Implications Accompany Bankruptcy Filings

By Katherine W. Wittenberg

Economic tremors prime bankruptcy-filing avalanche for 2009.


Court Hits Pause in Case Involving Internet Video of Deposition

By Sean T. Carnathan

First Amendment, jury pool issues surround Texas consumer fraud claim.


Courts Continue Defining Scope of Arbitration Clause Survivability

By Henry R. Chalmers

Enforcing arbitration provisions after contract expiration is limited to labor contracts.


Appellate Court Affirms Sanction for Violating Protective Order

By Jeffrey B. Tracy

Sanctions upheld against lawyer for informing client about trade secrets.


Court Denies Review of Use of Victim Impact Videos

By Amy G. Doehring

Denial of certiorari leaves questions surrounding technology and evidence.


Court Finds Cooperation in Discovery to Be an Ethical Obligation

By Michael D. Berman

Following ethical principles can also be economically advantageous.


In-House Ethics Counsel Guidance Cuts Both Ways

By Teresa Rider Bult

ABA ethics opinion provides guidance for large firms on role of in-house ethics counsel.


Federal Circuit Applies Volkswagen to Patent Case

By Sherry L. Talton

Decision could ease venue transfers out of Eastern District of Texas “rocket docket.”


Supreme Court Weighs Judicial Recusal for Campaign Contributions

By Henry R. Chalmers

Justices review impact of costly judicial elections on appearance of justice.


What to Do When Your Firm Implodes

By Katerina Milenkovski

Amid economic uncertainty and firm closures, attorney ethical duties to client and firm persist.


Court Finds No Subject Matter Jurisdiction in “Foreign-Cubed” Cases

By Karen L. Stevenson

Second Circuit sidesteps case involving foreign-based transactions.


ADA Amendments Expand Definition of “Disabled”

By Teresa Rider Bult

ADA Amendments Act of 2008 dramatically alters legal landscape for disability claims.


Court Disqualifies Firm Offering Services Free to Witnesses

By Brian A. Zemil

New York state court finds firm’s conduct an improper attempt to thwart discovery.


Conflict-of-Interest Rules to Be Reconsidered

By Jeffrey B. Tracy

Proposed amendment to Model Rule of Professional Conduct 1.10 makes rounds, again.


Second Circuit Refuses To Vacate Attorney Sanctions

By Anthony R. McClure

Court of appeals decision underscores risks of conditional settlement agreements.


Federal Circuit Creates New Test for Business Method Patents

By Matthew A. Goldberg

With Bilski, Federal Circuit formally rejects own prevailing BMP eligibility test.


Poll Finds Voters Uninformed About Judicial Selection

By Elenore Cotter Klingler

Americans want meaningful role in judicial selection, but many lack basic information about the process.


Retrial Set for Case Involving Questions of Judicial Impropriety

By Sean T. Carnathan

New Jersey Supreme Court's stern remedy a warning to both lawyers and judges.


FDA’s New Labeling Rule Adds Fuel to Preemption Fire

By Teresa Rider Bult

Preemption of state tort law, public safety controversies surround new rule.


Fifth Circuit Grants Venue Transfer in Closely Watched Case

By Sherry L. Talton

Decision in Eastern District of Texas case may increase number of change of venue motions filed.


Seventh Circuit Jury Project Confirms Innovations

By Katherine W. Wittenberg

Program upholds ABA American Jury Project best practices.


ABA Ethics Opinion Guides Lawyers in Outsourcing

By Lisa R. Bliss

Outsourced legal work saves money, carries additional responsibilities.


Open Source Software Licenses Held Enforceable

By Matthew A. Goldberg

Federal Circuit decision allows significant new remedies to open source copyright holders.


Do Defendants Speak with One Voice In Reverse-Batson Challenge?

By Brian A. Zemil

Second Circuit grapples with issues surrounding discriminatory intent.


Clients Step up Diversity Monitoring

By Katherine A. Wittenberg

Corporations increasingly demand, track diversity of outside counsel.


Eleventh Circuit Adopts Last Served Defendant Rule for Removal

By Amy G. Doehring

Eleventh Circuit decision based on view that last-served defendant rule is supported by High Court.


FASB to Expand Requirements for Disclosure of Loss Contingencies

By Anthony R. McClure

Controversial amendments to provide more transparency in financial statements.


Kosovo Training Strikes Blow Against Human Trafficking

By Elenore Cotter Klingler

Mandatory confiscation of criminal assets laws act as new tool to combat trafficking.


President Signs Bill Creating New Evidence Rule

By Kristine L. Roberts

New Rule 502, backed by the Section, promotes consistent treatment of privilege waivers.


Multijurisdictional Practice—Trap for the Unwary

By Effie Silva

Litigators need to be mindful of ethical obligations in nonlocal jurisdictions.


Court Orders Daubert Hearing as Part of Class Certification Analysis

By Sean T. Carnathan

Trend toward ordering full evidentiary hearings in the class certification stage emerges across the country.


DOJ Amnesty Agreements Could Be Subject To Public Disclosure

By Sherry L. Talton

Amnesty agreements made by Antitrust Division may be subject to disclosure under FOIA.


Proposed Amendments to Rule 26(a)(2) Expand Expert Disclosures

By Karen L. Stevenson

Proposed amendments to Federal Rule of Civil Procedure 26 now open for public comment.


Court Reverses Sanctions Ordered Over Client Credibility Assessment

By Kristine L. Roberts

A recent ruling by a Washington state appeals court highlights the ethical issues to evaluating a client’s credibility.


High Court Rejects Arbitration Agreements That Expand Judicial Review

By Henry R. Chalmers

Parties can't go beyond the grounds explicitly enumerated in the Federal Arbitration Act to vacate, modify, or correct an arbitration award.


Supreme Court Curbs Punitive Damages Again

By Douglas E. Motzenbecker

As a matter of federal maritime common law, courts must now apply a 1:1 ratio between punitive and compensatory damages.


Cost Control Shifts More Legal Work In-House

By Katerina Milenkovski

Almost half of the chief legal officers surveyed say they plan to hire more in-house lawyers.



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