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Read Business Torts updates, news, and legal commentary from leading lawyers and law firms:

6,905 Billable Hours for Attorney Review May Not Be Billable if the Reviewer Isn’t Actually an Attorney: eDiscovery News

by CloudNine on

A contract lawyer for a Pennsylvania plaintiffs’ firm clocked 6,905 hours of work on a shareholder lawsuit against former executives and directors of Sprint Corp. related to its 2005 merger with Nextel.  One problem, however:...more

Advisors Advantage - March 2017

by Ary Rosenbaum on

How You Can Stand Out From The Crowd As A Retirement Plan Advisor. It would be a detriment to focus only on this stuff. There are lots of financial advisors who claim they handle retirement plans, but there are...more

Excalibur Litigation: Court of Appeal Confirms that Funders Will Be Put to the Sword

by White & Case LLP on

- In the recent decision of Excalibur Ventures v Texas Keystone and others, the Court of Appeal has provided important guidance on the extent to which third party funders may be required to pay the costs of a defendant who...more

A “Solution” in Search of a Problem? The Innovation Act of 2015 and Trends in Fee-shifting in Patent Litigation

by Mintz Levin on

On February 5, 2015, Rep. Robert Goodlatte (R-VA) introduced H.R. 9, entitled the “Innovation Act.” Among other things, the bill would direct courts to award attorneys’ fees and litigation-related expenses to prevailing...more

A Reminder From the Seventh Circuit on the Importance of Creating a Record

by Foley & Lardner LLP on

When the court makes an evidentiary ruling off the record, it is required to enter on the record an explanation of the reasoning behind its decision. See, e.g., United States v. Nolan, 910 F.2d 1553, 1559 (7th Cir. 1990); 28...more

SullCrom Sees Litigation Boom Despite Waning Credit Crisis [Video]

by Mimesis Law on

Dec. 11, 2014 (Mimesis Law) -- Karen Seymour and Rick Pepperman, co-managing partners of the litigation group at Sullivan & Cromwell, talk with Lee Pacchia about the current state of investigations and commercial litigation....more

Objective Baselessness and Subjective Bad Faith for Exceptional Case Determination Are Still Applicable Even After Octane Fitness

by McDermott Will & Emery on

Bianco v. Globus Medical, Inc. - Interpreting recent Supreme Court of the United States precedent that arguably relaxed the legal test for determining whether a case is “exceptional” to warrant an award of attorneys’...more

Asset Searches and the Collection of Debt

by Edward Amaral on

It has become increasingly important for both businesses and individuals to receive payments that are due to them. Debtors are often delinquent in paying for goods, services or other financial obligations. When a debtor...more

Displaying Patent Language in Patent Litigation

by Cogent Legal on

As lawyers, we are always arguing about documents, and we often need to display those documents in court. In patent cases, displaying documents is particularly important because the patent’s language describes the invention....more

Why Conducting an Asset Search is an Essential Due Diligence Tool

by Edward Amaral on

The most obvious use of an asset search is when a client is injured in an automobile accident client or personal injury case. The attorney representing his clients must use due diligence to determine whether the person or...more

Timeline Design for Litigation: When to Use a Static Timeline

by Cogent Legal on

“I need a timeline.” This is how litigators often start in asking for legal graphics. This start to the graphics conversation makes sense because timelines are perhaps the most common type of legal graphic, and the most...more

Try E-Briefs As Part of Your Hearing or Trial Presentation

by Cogent Legal on

For your next trial or important hearing, you should seriously consider using an e-brief to help the judge (and the judge’s clerk) navigate and understand your argument. Cogent Legal recently helped a team of patent...more

To Sue or Not to Sue

by Edward Amaral on

It is not always easy to make a decision when it comes to filing a lawsuit against a debtor. Before one can choose whether or not to sue, they should know whether the debtor has sufficient assets to secure payment or if the...more

Why Should an Investor or Business Conduct an Asset Search?

by Edward Amaral on

If used properly and if conducted by a reputable asset search company, asset searches can be used as a valuable pre-investment tool for an investor, partnership, joint venture or other business entity before entering into a...more

How Interactive Timelines Build and Strengthen Opening Statements

by Cogent Legal on

Employment, business and personal injury cases are ideally suited for laying out the facts in chronological order to enhance jury understanding. we generally recommend attorneys start with an interactive timeline that shows...more

A PowerPoint Sample for Business Trial Lawyers

by Cogent Legal on

The Association of Business Trial Lawyers recently asked Cogent Legal to prepare the graphics for a presentation on mock trials. The panel consisted of some of the best jury consultants in the country exploring the factors...more

The Litigation Graphics Lesson in the "Wealth Inequality in America" Video

by Cogent Legal on

I always like to share examples of what I consider powerful graphics to give attorneys ideas on what’s possible to create for use in litigation. This morning, I was struck by a video going viral that describes economic...more

How Graphics Help the President Persuade and Can Help Attorneys Too

by Cogent Legal on

In this post, I show some examples from the State of the Union Address that might help attorneys improve their own use of charts and graphs in litigation. Visualizing and presenting data in an engaging, persuasive way is...more

The Weekly Brief: Abu Hamza On Trial, Wells Fargo Sued, Bingham Cuts Costs [Video]

by Bloomberg Law on

Oct. 11 (Bloomberg Law) -- Bloomberg Law's Lee Pacchia runs through the week's most important legal news. Islamic cleric, Abu Hamza al-Masri, has been extradited from the United Kingdom to stand trial on terrorism charges in...more

Document Review in Litigations and Investigations

What is written is fundamental to the Phoenix business laws, so obviously document review is crucial in the litigation process. It is a key to the discovery process. According to KPMG, first level document review can be...more

What Business Owners Should Look for in a Business Law Firm and Business Legal Representation

In selecting a law firm for an owner-operated small or medium sized business (aka “SMB’s”), we can start with some basic positions: 1. The law firm client is well advised to choose a lawyer, not a firm.... 2. Many...more

Starting Your Own Law Practice

IV. Conclusion. This brief article can get you started. The underlying question is whether you are cut out for owning and operating your own practice. I have had brilliant attorneys who wanted to practice law, not...more

Extreme Magical Thinking: TEchnology Won't Take You Off the Hook

by Pamela Woldow on

I have been encountering a lot of magical thinking recently when talking with law firm partners about Legal Project Management. One partner, hoping that the IT and KM folks can simply buy a tech solution so that he could...more

Attorney Who "Excessively Reviewed" Privileged Documents Misappropriated By His Client Was Properly Disqualified

Clark v. Superior Court, 196 Cal. App. 4th 37 (2011) While he worked as VeriSign’s chief administrative officer, Grant Clark signed VeriSign’s nondisclosure agreement, which included a provision that he would not remove...more

"Hybrid" Fee Agreements for Business Litigation

"Increased milaeage" agreement allows the attorney and client to go those extra miles to obtain a great result. More businesses are asking lawyers to prosecute cases on a contingency or reduced rate. A straight contingency...more

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