Professional Practice Civil Procedure

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Practicing in the Western District of Virginia CLE

I attended a very informative and enjoyable CLE yesterday regarding practicing in the Western District of Virginia and section 1983 cases. The CLE was put on by the Charlottesville Albemarle Bar Association. Judge Dillon,...more

District Court Holds Plaintiff and Plaintiff's Attorneys Jointly and Severally Liable for Attorney's Fees and Costs After Finding...

After trial, HTC Corporation and HTC America, Inc. ("HTC") filed a motion seeking to recover attorney fees and costs from plaintiff's attorneys as well as from plaintiff Intellect Wireless, Inc. ("IW"). IW withdrew its...more

Post award correction of attorney fees award by arbitrator is reversed

In Cooper v. Lavely Singer Professional Corp., 2014 DJDAR 13272, the California Court of Appeal for the Second Appellate District ruled that a post-hearing substantive “correction” of a “Final Award” of attorney fees awarded...more

Illinois Supreme Court Debates Scope of Accountant-Client Privilege in Will Contests

Last week, the Illinois Supreme Court heard oral argument in Brunton v. Kruger.  Brunton involves the scope of the accountant-client privilege – specifically, what happens to that privilege after the client dies, and how the...more

Implied Waiver of Privilege in Internal Investigations: Barko Court Compels Production of Internal Investigation Documents, Again

On November 20, 2014, the District Court for the District of Columbia once again ordered Kellogg, Brown and Root (“KBR”) to produce all documents prepared as part of an internal investigation.  The District Court’s decision...more

Public Entities Can Inadvertently Waive Privilege in Response to a Public Records Act Request

California’s Public Records Act (PRA) law requires public entities to make their public records open for inspection and copying. Environmental practitioners often use PRA requests as a tool to obtain information regarding a...more

Chief Justices Rose and Marion Take Office

Two Texas intermediate appellate courts have begun the new year under new leadership from judges whom the voters elevated from other positions on those courts. Jeff Rose (pictured) has taken the oath as Chief Justice of...more

Legal Writing: Speak Freely (But Plainly, Please!)

“This petition . . . ask[s] this Court to unmistakably clarify, to the whole patent community, that its Mayo/Biosig/Alice decisions (“3 decisions”) ended the claim construction anomaly hampering especially ET CIs – but meet,...more

Litigation Strategy: Avoid the “Selfie” – Let the Expert be the Expert

It’s human nature to think we’re the smartest person in the room or at the table. It’s also human nature, and a trap for lawyers, to feel like you have to prove that point in front of the client. It’s a real pitfall, when the...more

No Attorney Disbarment In NJ for Misappropriation of Law Firm Funds

As we are taught in law school, and as some members of the public find hard to believe, attorneys are held to the highest ethical standards. One of the surest ways for an attorney to secure his or her disbarment is to...more

Crime-Fraud Exception to Attorney-Client Privilege – Facebook’s Lawsuit

The crime-fraud exception to attorney-client privilege: As an attorney, you may not anticipate it applying to your emails, your letters or your advice to your client. But even if you never see it coming, your client’s...more

A Judgment Cannot Not Lie Against Attorney Who is a Non Party

In Suarez v. City of Corona, 2014 DJDAR 12101, the California Court of Appeal for the Fourth Appellate District decided an interesting case concerning the interpretation of California Code of Civil Procedure Section 1038....more

SullCrom Sees Litigation Boom Despite Waning Credit Crisis [Video]

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

Friending and Following Jurors: The Ethical Boundaries of Researching Jurors on Social Media

What are the ethical boundaries of an attorney’s internet research of jurors? Before the ubiquity of the internet, an attorney obviously couldn’t walk up to a potential juror in a restaurant and strike up a conversation. But...more

How Well Do You Know Your Ethical Responsibilities Surrounding the Use of Technology-Assisted Review?

Lawyers who fail to comprehend the ethical challenges surrounding the use of technology-assisted review (TAR) may unknowingly damage their clients’ cases and risk sanctions for the spoliation of evidence. Therefore, it is...more

Court Reporters and Legal Videographers – using PH.D. or M.D. rather than Dr.

When finalizing a deposition transcript and corresponding with law firm clients, I believe it is a best practice to use a person’s credentials, i.e., M.D., Ph.D., behind their name, rather than the title of “Dr.” before their...more

How This Investment Firm Hopes to Revolutionize Litigation in America [Video]

Oct. 30, 2014 (Mimesis Law) -- Ralph Sutton, Chief Investment Officer at Bentham IMF, talks with Lee Pacchia about the business of funding small to medium-sized plaintiffs in commercial and patent litigation around the world....more

Blog: Should Attorneys Be Paid for Litigating Their Fee Requests? Supreme Court to Decide if Fee Defense Is a ‘Cost of Doing...

In a decision that will have profound implications for insolvency professionals of all types, the U.S. Supreme Court has agreed to hear an appeal of the 5th U.S. Circuit Court of Appeals’ decision that Section 330 of the U.S....more

September 2014: Trial Practice Update

Amendments to the Federal Rules of Evidence on Hearsay Issues. The federal hearsay rules will undergo amendments later this year to (1) expand the scope of prior consistent statements such that they can be admitted as...more

Audits and Appeals: A Routine Cost of Doing Business with Medicare

The Centers for Medicare and Medicaid Services has unleashed an alphabet of auditors to identify overpayments. These auditors are armed with the authority to conduct pre-payment reviews, and post-payment audits, as well as...more

Court Rules That Settlement Term Sheet Is Not Worth The Paper It’s Written On

Judge Amy J. St. Eve of the Northern District of Illinois recently held that a purported settlement agreement in a putative class action filed by Craftwood Lumber Co. against Interline Brands, Inc. was not enforceable. See...more

Coordinate Your Discovery Methods

Often you can use more than one discovery method to get the same facts or evidence. You can take a pick-and-choose approach to your methodology, or better yet, use a coordinated approach that aims multiple discovery methods...more

Committee CLE Program Offers Unique Perspective "From the Inside Out"

At the April 2014 ABA Section of Litigation Annual Conference, the Appellate Practice Committee presented a novel program on oral advocacy. The program presented a mock argument based on a real U.S. Supreme Court case from...more

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

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