Civil Procedure Professional Practice

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PTAB Threatens Sanctions for Unauthorized E-mails

Samsung Electronics Co., Ltd., et al. v. Black Hills Media, LLC - Addressing a patent owner’s unauthorized e-mail arguing for additional discovery and the petitioner’s likewise unauthorized responsive e-mail, an...more

Lawyer's Duty to Preserve Social Media Evidence

Lawyers must take “appropriate” steps to preserve their clients’ potentially relevant and discoverable social media evidence. That is the key take-away from an ethics opinion recently issued by the Philadelphia Bar...more

Lower Word Limits for Briefs?

A proposed change to the Federal Rules of Appellate Procedure would lower the word limit for principal appellate briefs from 14,000 to 12,500 words and for reply briefs from 7,000 to 6,250 words (hat tip to Emil Kiehne at the...more

Delaware Supreme Court Rules That Privileged Documents Must Be Produced To Shareholders Investigating Corporate Misconduct

The Delaware Supreme Court recently held that, in certain circumstances, shareholders may be able to obtain access to privileged, internal documents in order to investigate potential breaches of fiduciary duty. In Wal-Mart...more

Court Reporters and Legal Videographers – Beware of Address Searches on the Internet

Filling out an appearance page for a deposition or court transcript takes time and concentration. Everything has to be correct. Getting an attorney’s card is the best way to ensure you have the correct information, but as...more

Exaggeration of Counsel’s Class Action Experience Draws Rule 11 Sanction

New York District Court Judge Shira A. Scheindlin found class counsel’s allegation that they were experienced and competent was false because they could not provide any case in which they were certified as class counsel or...more

Are The Wheels of Justice as Speedy as Portrayed on the Good Wife?

It is 8 o’clock A.M., Alicia Florrick, star attorney on the “Good Wife,” a weekly television legal drama, meets a potential corporate client who within minutes retains her firm’s services. By 12 o’clock P.M. Noon, Alicia and...more

D.C. Circuit Upholds Protection of Attorney Client Privilege in Internal Investigations Conducted Pursuant to Regulatory Mandate

In a widely anticipated decision, today, the D.C. Circuit granted a writ of mandamus and vacated a district court order requiring the production of a company's internal investigation documents presumed to be protected by the...more

Motion for Leave to File Billing Statements Under Seal Denied Where Billing Descriptions Were Not Protected by the Attorney-Client...

Plaintiffs filed a motion to permit them to file an affidavit, along with billing documents, under seal. The affidavit, along with its exhibits, was forty-seven pages in length. In the motion, the Plaintiffs contend that "the...more

Legal Ethics For New Lawyers: What They Did and Didn’t Teach You In Law School

What do you do when the client lies on the stand? May you represent the sister of your former client in a suit against that client? Law students address these questions during law school. It has been our experience...more

Conducting a Fair Workplace Investigation

Every employment attorney at some point will be asked either to conduct or assist with a workplace investigation. Attorneys taking on this role will need to act as a neutral fact finder and refrain from zealous advocacy, a...more

Drafting a Summary Judgment Order

Yay! Your client prevailed on a summary judgment motion! But now you have to draft the proposed order. Do you know what to do? Here’s some help....more

So you want to be a class action defense lawyer.

Not every litigator wants to learn class actions; in fact, most do not. After all, why would anyone want to get mired in the procedural morass of a class action when they could be spending their time handling cases that have...more

Decision Time: Patton Boggs Partners Mull Merger With Squire Sanders  [Video]

May 21, 2014 (Mimesis Law) -- Beleaguered after years of carrying too many lawyers and not enough work, law and lobbying firm Patton Boggs has tried and failed several times to merge with another law firm. Casey Sullivan, law...more

Offers of Judgment – Can They Shift Fees?

A recent Resource Conservation and Recovery Act (“RCRA”) lawsuit may offer some additional guidance on when offers of judgment may cut off a party’s right to recover attorneys’ fees and costs under environmental laws....more

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

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