Litigation Strategies

News & Analysis as of

Ready for Your Close-up? Five Tips for Using Videoconferencing Technology at Trial

From a technological standpoint, it is now relatively simple to present live video and audio testimony during a court proceeding of a witness located anywhere in the world. There are many advantages to presenting testimony in...more

Expert evidence, hot-tubbing and expert determinations

Experts play an important role in helping to resolve the technical disputes common to the construction and engineering industry: their evidence can make or break a claim or contribute to an early settlement. Civil Procedure...more

Potential Secondary Effects of Regulatory Examinations: Evidentiary Issues and Preclusion in Parallel Litigation

Increasingly aggressive and adversarial examinations by state regulators can expose insurers to troubling evidentiary issues in subsequent individual and class action litigation. Plaintiffs’ counsel may seek to admit into...more

[Webinar] Class Actions and Complex Litigation Webinar Series - Update on Systemic Discrimination Claims - November 8th, 2:00p.m....

The employment law landscape continues to be dominated by Workplace Law class actions. Jackson Lewis attorneys are defending hundreds of class and collective actions all over the country. Tapping into that experience, this...more

Discovery of Nonparty Foreign Affiliates Must Be Tempered by Proportionality

The court’s opinion affirms the principle that relevance, even in the context of a foreign affiliate, must always be tempered by considerations of proportionality, thereby providing defendants an effective argument when...more

Dutch Collective Actions vs. Collective Settlements

As U.S. law has become less willing to entertain certain types of lawsuits on behalf of worldwide classes of plaintiffs, litigants have looked for other forums that might allow the prosecution – or at least the resolution –...more

Eighth Circuit Opinions Highlight Need to Apply Appellate Lens at Trial Court

We often quip that the best way to establish a winning record as an appellate lawyer is to represent the party that won below; that’s no joke. In nearly every appellate court— state or federal— appellants have an uphill...more

Defending Class Actions in 2016

I thought readers might find helpful some broader observations on strategies for defending class actions in 2016... Dig in Deep Early: Some defense counsel are accustomed to the practice of filing a motion to dismiss...more

Should You Litigate In Court or Arbitrate the Dispute?

Faced with the rising costs of doing business in our increasingly litigious society, today's employers are looking at any way to manage fees and costs associated with resolving disputes over employment decisions. Some of the...more

Singapore Ranks #1 in Recent Survey of Expats

A most interesting report showing results of a survey was just released by HSBC. In the Expat Explorer Survey, created to measure which countries are the most enjoyable to expats, HSBC shares results in three categories –...more

Brilliant Yet So Simple – The First FCPA Mock Trial Institute

Sometimes an idea is so simplistically brilliant you wonder why no one actually thought of it before. That was the first thing I thought when two Houston lawyers, Keith Hennessee, OF Counsel at Givens & Johnston, and Joel...more

Best in Law: Want to Cut Legal Costs? Avoid Litigation

BB&K Partner Lauren Strickroth Provides Litigation Cost-Saving Tips in the Press-Enterprise - The best strategy to minimize the cost of litigation is to avoid it altogether. Many businesses, trustees or individuals...more

Gambling With The EEOC

Seyfarth Synopsis: A seemingly innocuous case filed by the EEOC on behalf of a single charging party against a casino operator highlights some of the risks of betting at the conciliation table. Employers take note! As...more

One small step for the adversarial system, one giant leap for litigants in person

The President of the Employment Tribunals (England and Wales) has issued Presidential Guidance on the protocol for “judicial assessment” in the Employment Tribunal. The guidance came into force on 3 October 2016. Employment...more

Play it Again

Over the weekend, I took myself to the Great Frederick Fair to see and hear the incomparable Vince Gill. I had wanted to see him for years, and I was not disappointed! He played all his hits, engaging his audience with his...more

Should You Sue Your Client or Customer?

Business owners, executives and managers are well aware of something more frustrating than rush hour traffic: clients or customers who don’t fulfill their obligations. So, what are your options? One option is to take legal...more

Do Funders Deserve Benefit Fees?

The business of third-party funding of litigation is said to be rapidly growing. Typically, the entity putting up the money (a funder) signs a contract with a plaintiff to pay the costs of a lawsuit in return for a percentage...more

International Travel Chronicles Part 2

The previous blog in this series highlighted the shock of different technologies encountered during international travel. But there are other discoveries to be made when traversing the globe. Sometimes a local can act as an...more

Webcast: Understanding and Defending State Consumer Protection Actions [Video]

Consumer protection or unfair and deceptive acts or practices statutes have been enacted in every state in an attempt to protect consumers from predatory, deceptive and unscrupulous business practices. While good intentioned,...more

Arizona Court Consolidates ADA Lawsuits

The number of claims under the design and construction requirements of the Americans with Disabilities Act (ADA) continues to increase, but a recent development in Arizona may slow this trend. The Arizona Attorney General has...more

Why Prevention? From a Litigator’s Point of View

Generally speaking, litigators are fire fighters. Fire fighters are told there is a fire; they are told the jurisdiction of the fire; they gather their standard fire-fighting tools (hose, ladder, fire truck) and they react. ...more

Considering E-Discovery in Cloud Contracts

Earlier this year, I predicted that 2016 would be a year of increased focus on e-discovery from cloud-based sources and postulated that many organizations would demand better e-discovery solutions and increased cooperation...more

A Former Appellate Court Judge Offers Tips to Trial Attorneys

While trial attorneys know they must preserve issues they wish to raise on appeal, they often overlook the basic steps required to help ensure appellate review. During more than 27 years on the bench, former Florida appellate...more

Lord Justice Briggs' Report: Change to the Appeal Process is Coming Soon

The Court of Appeal is suffering a "grave overload" of work to such a degree that it poses a threat to the quality of the civil justice system. This is one of the key concerns which Lord Justice Briggs has sought to address...more

Court Reversed Forfeiture Award Due To Trial Court Not Indicating It Followed The Correct Standard

In Cooper v. Sanders H. Campbell/Richard T. Mullen, Inc., a company filed suit under a promissory note against a former joint venture partner. No. 05-15-00340-CV, 2016 Tex. App. LEXIS 9253 (Tex. App.—Dallas August 24, 2016,...more

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