Litigation Strategies

News & Analysis as of

Supreme Court speaks on Daubert – says not much

Last week the supreme court issued its opinion on the recommendations of the Florida Bar Rules committee regarding the new Daubert statute. The supreme court noted there are “grave concerns” that (unidentified) elements of...more

Pro Te: Solutio - Vol. 9 No. 2 - Summer 2016

...With this issue, our focus shifts to one that often “dogs” us in serial and consolidated litigation: federal multi-district litigation. Our articles offer some insights into various aspects of MDLs, along with practical...more

Daubert Under the Microscope Again by Florida Courts

In a ruling that raises new issues about the adoption of the Daubert standard for the admissibility of expert opinions in Florida state court, the Florida Supreme Court has declined to adopt, to the extent they are...more

The Alchemist’s Guide to Post-Judgment Collections

In the hectic world of North Carolina civil litigation, the focused practitioner understandably may lose sight of the forest for the individual trees. Analyzing thousands of pages of poorly-copied document production for that...more

Defending A Former Employee On a Non-Compete Or For Misappropriation Of Trade Secrets? Read This.

Do you really have to rush to Court to obtain an injunction for a misappropriation of trade secrets? Maybe not. But for an injunction enforcing a non-compete agreement, maybe yes. ...more

Brad Jenkins of CloudNine: eDiscovery Trends

This is the first of the 2017 LegalTech New York (LTNY) Thought Leader Interview series. eDiscovery Daily interviewed several thought leaders at LTNY (aka LegalWeek) this year to get their observations regarding trends at...more

The New, Improved FICALA – What’s In the House Class Action Bill?

The House of Representatives has reintroduced the Fairness in Class Action Litigation Act (FICALA), and it’s more substantial than the 2015 version. The previous version, you may recall, attempted to reinforce the typicality...more

Metadata Plays Key Role in $10.8 Million Whistleblower Lawsuit Verdict: eDiscovery Case Law

Earlier this month, federal jurors awarded nearly $8 million to the former general counsel of a company who says he was fired because he blew the whistle on his company’s potential violation of a foreign bribery law. That...more

Make Sure Your Summary Judgment Pleadings Are Appeal Ready

Because summary judgment rulings are reviewed under a de novo standard, they are one of the most common types of orders overturned on appeal. Here are some suggestions for stacking the deck in your favor. Please see...more

The Key to Jury Instruction Preservation: Objecting with Precision and Completeness

In Byrd v. Stubbs, 190 So. 3d 26 (Miss. Ct. App. 2016), the Mississippi Court of Appeals reminded us of the need to be diligent during a charge conference by raising specific objections to a proposed jury instruction, as...more

Hacking the Short Hearing

Every litigator has encountered it—the dreaded hearing set for ten minutes or less. The necessary implication of such hearings is that you will have only half that time to present your argument and win over the judge, and...more

Expert Witness Testimony: Often the Critical Component for a Successful Case

If your company is facing litigation, especially in high-stakes cases, one of the first questions you and your counsel should address is whether the testimony of an expert witness might be helpful, or even essential, to your...more

Strategies for avoiding unnecessary litigation expenses

Litigation is expensive, and concerns about the costs associated with litigation can deter both plaintiffs and defendants from vigorously pursuing their claims and defenses in court — even when those claims and defenses have...more

Do Not Go Gentle Into that Good Night: Strategies for Defending Against TCCWNA Class Actions

Businesses engaged in advertising and sales practices involving New Jersey consumers have been contending with an increase in the number of class action lawsuits brought under New Jersey’s Truth-in-Consumer Contract, Warranty...more

When Does a Claim for Legal Malpractice Accrue in the Litigation Context

The long understood rule of law in Florida is that a cause of action for legal malpractice accrues in the litigation context when the litigation is concluded by a final judgment, and the final judgment becomes final when the...more

Lessons From The Largest Patent Damages Award In History

By now, most everyone in the patent community has heard about the $2.54 Billion dollar jury verdict in a battle over Hepatitis C medication that resulted from a jury trial in December 2016. In Delaware federal district...more

The Value of a Strategic Approach to Insurance Coverage Disputes

Robins Kaplan partner and co-chair of our retail industry practice group, Anne Lockner, recently published an InsideCounsel article about the distinction between being aggressive and being strategic in litigation and...more

Critical Road Map for ESI in Litigation

It is the beginning of a new year and I thought it the ideal time to list out those steps that are absolutely critical when an attorney is confronting his/her obligation to produce e-discovery in connection with a litigation....more

Challenging Weight of the Evidence Methodology

Use of a WOE methodology may be appropriate for government regulation, but it should not establish legal liability. Originally published in In-House Defense Quarterly, a publication of DRI - Winter 2017....more

Choreography for the Courtroom - Part Two: The Performance

The rehearsals are over and the morning of the big performance has arrived. Emotions are high and the anxiety in the air is thick. It is time to execute what you have been practicing and hope you receive a standing ovation...more

Does Compelling the Disclosure of Documents Allegedly Protected by Attorney-Client Privilege Constitute a Final, Appealable Order?

Last month, the Ohio Supreme Court issued a ruling in Burnham v. Cleveland Clinic, 2016-Ohio-8000, on an interesting issue – “whether an order compelling the production of documents allegedly protected by the attorney-client...more

Six Days In Court – Almost As Fun As A Christmas Party

I missed the office Christmas party. Doing so was one benefit of having a six-day trial 116 miles away. It wasn't just me who missed the holiday luncheon. My partners Joe and Tim and a legal assistant named Cheri each...more

What Is An Offer of Judgment And Can It Really Lower the Cost of or Shorten Litigation?

Insurance coverage litigation today is often time consuming and expensive. Many cases include claims for “bad faith” damages, and some cases seek punitive damages. To support their allegations, litigants will usually seek a...more

Don't Win The Battle And Lose The War: Preserving Error For Appeal (And Why You Need An Appellate Lawyer)

Errors will happen during litigation and at trial. They are simply inevitable. Many of them will be harmless. But when the error is harmful, a trial lawyer’s nightmare is finding out (too late) that the error was not...more

Choreography for the Courtroom - Part One: The Rehearsals

As an actress and dancer, I know how important it is to ensure that the members of your cast know their lines, the choreography and are ready to stay on their toes to compensate for any mistakes that are made during a live...more

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