Litigation Strategies

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Litigating the Malicious Prosecution Case

by Broedlow Lewis LLP on

Powerpoint Presentation by Jeffrey Lewis on tips for litigating Malicious Prosecution actions in California...more

To Settle Or Not To Settle: Eight Questions Corporate Counsel Should Ask In Evaluating Class Action Settlements

by Pierce Atwood LLP on

To settle or not to settle; that is the question, right? It is asked when you receive the demand letter threatening a class action, when the complaint is filed and served, at the initial scheduling conference, before the...more

Derivative Litigation Representation: Strategic and Ethical Issues

by Lane Powell PC - Securities / D&O Law Blog on

Shareholder litigation comes in waves. There is a widespread belief that the next big wave will be shareholder derivative litigation – a shareholder’s assertion of a claim belonging to the corporation, typically brought...more

Presumptions of Reliance: What They Really Mean and How to Defeat Them

by Sedgwick LLP on

When Henry Stanley posed the famous query, ‘‘Dr. Livingstone, I presume?,’’ he made a deduction based on common sense and probability. His question was amusing not only by virtue of its formality, but also because of the...more

Challenging FIRREA Subpoenas: The RMBS Working Group Faces Subpoena Fight

by BuckleySandler LLP on

As the Justice Department has stepped up its pursuit of financial institutions, there has been a surge of civil fraud lawsuits brought by the government under FIRREA — the Financial Institutions Reform, Recovery, and...more

Ice Storms, My Secret Internet And Other Myths

by Burr & Forman on

Winter is around the corner. On the calendar, however, it’s not yet here. Surely Mother Nature is aware of this. Still, an ice storm currently engulfs large swaths of our nation and is leaving many of us without power or...more

Strategies In Class Action Engagement: Response To Class Certification

by Carlton Fields Jorden Burt on

This concludes our series of blog posts on effective partnering between inside and outside counsel to defend against class action lawsuits. An order granting class certification is not the end of the battle regarding...more

Strategies In Class Action Engagement: Third-Party Depositions

by Carlton Fields Jorden Burt on

This continues our series of blog posts on effective partnering between inside and outside counsel to defend against class action lawsuits. Here, we begin a discussion of the use of expert testimony. Occasionally,...more

Status Hearings: Faris v. Eftimovski

by Lerners LLP on

For sometime now, litigants have largely treated status hearings as an ineffective procedural necessity in the litigation process. The result of these hearings is all too often an aggressive, court-approved litigation...more

Two-Pronged Approach to Defending Lawsuits – Interview with Dominic Picca, Member, Mintz Levin [Video]

by Mintz Levin on

Attorney Dominic Picca, Member of Mintz Levin's Litigation Practice, discusses the strategic advantages of settlement versus litigation....more

The ERISA Litigation Newsletter - October 2013

by Proskauer Rose LLP on

This month we return to the age-old question – "What makes someone a fiduciary?" As Nicole Eichberger explains, the Seventh Circuit reminded us that the meaning of a "functional fiduciary" depends on exercise/conduct in...more

The Risks of Litigation

by Lerners LLP on

In pursuing litigation it is often a wise strategy to “spread the net” as broadly as possible and include, as defendants, every possible party who may be liable. Not only does this approach provide greater opportunity,...more

Defense Strategies for Navigating Patent Litigation in China

by Dechert LLP on

We have observed a stark increase in the number of clients exposed to patent litigations in China. As China has become both an R&D and manufacturing base as well as one of the fastest growing consumer markets of multinational...more

Working with Experts: Are We Off the Record?

by GableGotwals on

I. INTRODUCTION - Working with expert witnesses can be one of the most vexing aspects of a litigator’s job. The real or perceived need for expert testimony has grown to the point that experts are involved in many if...more

Audit Log Discovery As A Feature Of The Electronic Medical Record

by Akerman LLP - Health Law Rx on

The increased use of electronic medical records ("EMR") is changing not only the way physicians practice medicine but also the way discovery is conducted in medical malpractice lawsuits. Plaintiffs' attorneys seek to...more

Fresenius v. Baxter: The Importance of Timing in Patent Litigation

by Akerman LLP on

The Federal Circuit’s recent decision in Fresenius USA, Inc. v. Baxter Int’l, Inc., illustrates the potential value of challenging a patent's validity through administrative proceedings in the U.S. Patent & Trademark Office...more

Strategies In Class Action Engagement: Complimentary Roles Of Inside And Outside Counsel

by Carlton Fields Jorden Burt on

This continues our series of blog posts on effective partnering between inside and outside counsel to defend against class action lawsuits. Inside and outside counsel should have different but complimentary roles in...more

Complex Civil Appeals: Making the Case for Settlement

by JAMS, The Resolution Experts on

More than 90 percent of civil cases are settled without trail. By contrast, most civil appeals are briefed, argued and decided by the court. In complex cases in which large amounts of money are at stake, settlements pending...more

Falsity is Fundamental: The Case for Emphasizing Arguments against Falsity

by Lane Powell PC - Securities / D&O Law Blog on

In defending a securities class action, a motion to dismiss is almost automatic, and in virtually all cases, it makes good strategic sense. In most cases, there are only four main arguments...more

Strategies In Class Action Engagement: Focus On Elements That Defeat Predominance

by Carlton Fields Jorden Burt on

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 elements that...more

Checklist Series: The Transactional In-House Lawyer’s Guide to Copyright Infringement Litigation

by Katten Muchin Rosenman LLP on

While the largest media companies have entire legal departments devoted to defending litigation, smaller companies may have only one in-house counsel, usually someone more familiar with business transactions than defending...more

Six Lessons that Redefine Focused Compliance Training: Lesson Four: Building a Legal Defense: Avoiding 4 Fatal Mistakes

by NAVEX Global on

Using training to build a legal defense is a topic that receives significant coverage. It’s also a topic that is often not well understood. Unfortunately, mistakes happen and they can be costly....more

Managing Professional Liability Litigation Against Accounting Firms (Part 2)

by Levenfeld Pearlstein on

This is Part 2 of a three-part series discussing the basic components of a professional liability lawsuit brought against an accounting firm and its partners and the factors a firm’s managing partner should take into...more

PRACTICE TIP: Seeking Summary Judgment In Trade Secrets Cases

by Orrick - Trade Secrets Group on

Trade secrets cases often involve intrigue and juicy facts, like departing employees downloading thousands of computer files under cover of darkness. But given that such claims often turn on disputed facts, we wondered: How...more

Delaware Court Awards Attorneys’ Fees for Opposition’s Bad Faith Litigation Conduct

by Katten Muchin Rosenman LLP on

The Delaware Court of Chancery recently held that a prevailing party in a lawsuit may be awarded attorneys’ fees when the opposing party engaged in bad faith litigation tactics, even when the prevailing party does not...more

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