Civil Procedure Professional Practice

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Are Internal Compliance Investigations Privileged? D.C. District Court Rules No

U.S. District Court for the District of Columbia holds documents related to internal investigations of possible violations of corporate code of conduct not protected from disclosure under either attorney-client privilege or...more

Borrowers' Counsel Can Be Sanctioned over Frivolous Complaints in Foreclosure and Eviction Proceedings, Michigan Court Holds

A Michigan appellate court recently held that a borrower's counsel could be sanctioned for filing a complaint for the purpose of delaying foreclosure or eviction. In Edgett v. Flagstar Bank, after multiple reviews of the...more

Insurance Recovery Law - Mar 13, 2014

Courts Hold that Involvement of Lawyers Insufficient Basis to Withhold Routine Insurer Fact Investigations Materials: Why it matters - These cases confirm that insurers cannot hide claims-handling and similar...more

Some Considerations when Preparing to Try a Property Damage Subrogation Case in the Age of CSI

Recent criminal trials turned national media events, such as the Trayvon Martin and Casey Anthony trials, have highlighted modern jurors’ expectations for forensic evidence. Commentators have termed jurors’ expectations for...more

Are "pro hac vice" counsel entitled to recover costs?

In Kalitta Air LLC v. Central Texas Airborne System Inc., 2013 DJDAR 16393 (2013), the Ninth Circuit Court of Appeals decided a unique issue which other federal circuits have reached different conclusions on. The main issue...more

Chief Judge Maloney Reports On State Of The District

On Wednesday, February 26, 2013, the Chief Judge of the United States District Court for the Western District of Michigan, the Honorable Paul L. Maloney, delivered a "State of the District" report to the Western Michigan...more

Appellate Court Notes - Week of February 24

Trial court could add ten percent interest onto award of $125k attorney’s fees due to the delay caused by defendant's appeal. Even if the appeal was filed in good faith for legitimate reasons, the plaintiff is entitled to be...more

Accountant And Attorney Liability Newsbrief - Winter 2014

In This Issue: - Offshore Disclosure Programs—A Trap for CPAs? - Superior Court Imposes Sanctions for Withholding Documents in Discovery - Expert Witness Faces Personal Liability for Professional Malpractice - U.S....more

Keeping Third Party Communications Protected by the Attorney-Client Privileged

A recent Pennsylvania federal court decision highlights the difficulty in keeping third party communications privileged. (King Drug Co. of Florence, Inc. v. Cephalon, Inc., No. 06-CV-1797, 2013 WL 4836752 (E.D. Pa. Sept. 11,...more

New Amendments to the Federal Rules of Appellate Procedure Include a Change to Briefing Requirements

On December 1, 2013, several amendments to the Federal Rules of Appellate Procedure are scheduled to go into effect. The most significant change for most appellate practitioners is that Rule 28 now consolidates the Statement...more

Land Wars in Asia: Battles – The Most Classic of Blunders

You have the products-liability case of a lifetime. The Complaint’s been filed. The Answer is in. Discovery time. You sit down and craft a discovery plan. Fine-tuned. Perfection. You sent it out and receive – blanket...more

Employment Law update newsletter from DKLM LLP (UK)

UK Employment Law Update – October 2013 Following on from the recent costs litigation between Lord Sugar’s company and 2010 Apprentice winner Stella English, this employment law update includes a Q&A about the costs regime...more

Strategies In Class Action Engagement: Understand The Nature Of The Claims

This continues our series of blog posts on effective partnering between inside and outside counsel to defend against class action lawsuits. Here we discuss strategies in class action engagement, focusing on understanding the...more

Q&A - Costs in the UK Employment Tribunal

A short Q&A about the costs regime in the UK Employment Tribunal

A short Q&A about the costs regime in the UK Employment Tribunal by leading UK law firm DKLM LLP. ...more

California Court Reporters – Minimum Transcript Format Standards

Court reporters in the State of California have minimum transcript rules that California Certified Shorthand Reporters must adhere to as regulated by the Court Reporters Board of California. Over the years I have heard...more

Feathers start to fly over upcoming book about why lawyers suck

Today has been an interesting day for the “Why Lawyers Suck and What You Can Do About It” book project. First thing this morning I got a phone call from someone passionately supportive of this project and everything it...more

Fear and adrenaline stress - welcome to the world of lawyers

Everyone has a primitive reaction to fear. Fear sets off a complex set of physiological reactions in the body that gets you ready for fight, flight, or freezing. This commonly called “fight-or-flight response” or...more

To Sue or Not to Sue

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

Lawyers cannot do "simple"

(excerpt from soon to be published "Why Lawyers Suck and What You Can Do About It" by Melody A. Kramer) Lawyers cannot do "simple." This complaint comes over and over again in different iterations. Lawyers write...more

10 Appellate Commandments For Trial Lawyers

1. Always bring appellate counsel into the case before trial. If the case is important enough to try, it almost certainly will be important enough for the loser to appeal. 2. Always, at the very least, involve...more

Business Court Awards $38,000 In Fees For Opposing Party's Failure To Comply With Discovery Order

Have you ever billed a client nearly $65,000 for pursuing a motion to compel? Maybe you routinely handle mega-cases and you aren't goggled by the size of that kind of fee But that was the amount of the fee sought last month,...more

Ideas and Advice for Demonstratives In Employment Litigation

I recently had the pleasure of giving a presentation on demonstrative graphics for the State Bar of California’s Employment Law Division in San Francisco. In giving this presentation, I wanted to make sure it was not simply...more

What Is The Difference Between An Adverse Sanction And An Adverse Instruction?

In the world of discovery, including e-discovery, the production of evidence at trial is necessary to prove or defend a case....more

Privileged Documents: How to Not Inadvertently Produce Them

All of the recent talk about privileged documents has been about the importance of clawback agreements. While important, it is more important to not produce privileged documents in the first place....more

A short introduction to UK employment law for Chinese Businesses

A short introduction to UK employment law for Chinese Businesses This note sets out a précis of some of the issues that Chinese businesses may wish to consider when establishing, or furthering, a commercial presence in the...more

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