Litigation Strategies

News & Analysis as of

Litigation and Dispute Resolution in Canada

This Guide provides an introduction to Canada’s civil litigation and dispute resolution system. It describes the procedures followed in Canada’s civil courts and administrative tribunals, and discusses alternatives to dispute...more

Courts Assess Whether Client and Lawyer Agents are Inside or Outside Privilege Protection: Part II

Last week's Privilege Point discussed a court's consideration of privilege protection for communications with client and lawyer agents. Two weeks later, another court analyzed Debevoise & Plimpton's argument that the...more

New Court Decisions Expose Non-U.S. Banks With U.S. Branches To New Risks Of Litigation In American Courts

Non-U.S. banks with branches in New York and elsewhere in the United States find themselves sued or otherwise exposed to judicial orders in American courts with regularity. The cases reflect the full range of U.S. legal...more

Abogados podrían asesorar a clientes en respecto a medios sociales

La mayoría de los abogados podrían recordar fácilmente una situación de litigio en la que publicaciones, fotos o videos de un cliente en medios sociales generaron más que cierta consternación tanto para su cliente como para...more

4 Keys to Using Your Opening and Closing to Persuade

Both the opening statement and the closing argument should be used to persuade. (No, it’s not all about direct and cross.) The adages about the importance of first impressions and last words are worth heeding....more

Preservation by Backup Tape – Your First Five Questions . . .

This is the inaugural post in Discovery Advocate’s new series, “Your First Five Questions,” in which we identify a question commonly (or sometimes not so commonly) seen in practice followed by the first five questions you...more

Lawyers May Advise on Clients’ Social Media Clean-Up

Most lawyers can easily recall a litigation scenario where a client’s past social media post, photo, or video caused more than a little consternation in both client and lawyer. A new opinion from The Florida Bar now allows...more

Serial Adversaries Are Still No Big Deal

Judge Indira Talwani issued an order on plaintiff Erik Cherdak’s renewal of his motion to disqualify, which we talked about last year in Serial Adversaries Are No Big Deal. And once again, she found that for Cooley, serial...more

Example of bad budget methodology

I just read something that made me say “wow, that is soooo wrong.” Out loud. Here is what I read (from Today’s General Counsel, Jun/Jul 2015, p. 42: Compounding the problem is the fact that most complex cases are unique. An...more

Common Interest Protection Depends on Participants Cooperating in a "Common Legal Strategy"

The common interest doctrine can avoid the normal waiver implications of separately represented clients sharing privileged communications. But the doctrine applies only in specific situations, and requires careful nurturing...more

Making Straight the Road: Case Litigation Plans as a Means of Efficiency and Predictability in the Tennessee Business Court

Tennessee’s recently-convened Davidson County Business Court will adjudicate business litigation in Nashville and may hear business cases from around the state with the consent of both parties. The Business Court’s stated...more

Paralepsis: Mentioning The Unmentionable

This blog is devoted to corporate and securities law issues. Therefore I refrain from venturing into other are topics even though they touch upon lawyers and lawyering. Lawyers, however, can learn a lot about trial conduct...more

Update: Patent Trolls Are Targeting the Energy Industry

New data shows a sharp increase in the number of patent troll lawsuits being filed against energy companies in 2015. As we predicted in our March 2014 White Paper, “Are Patent Trolls Now Targeting the Energy...more

Check-Out Time at the Hotel California?

We love our home state of California, but we have long bemoaned the widespread practice of what we call litigation tourism. That is where unrelated plaintiffs, sometimes thousands of them, from all corners of the U.S. join...more

Maintaining Trade Secret Confidentiality in Litigation

Early Monday morning you learn that Jane, your former employee, has stolen your company’s confidential information and her new employer is using it. You call your lawyer and tell her that you want to put Jane in jail. Your...more

Louisiana Appellate Court Overturns Improper Application of “Law of the Case” Doctrine

Today is the day when we will learn whether the Governor of Louisiana will enter the 2016 presidential race. That reminds us of Louisiana’s rather colorful collection of politicians, including Huey Long and Edwin Edwards....more

How to Transfer a CAFA Mass Action to an MDL

We will never forget our first removal under the Class Action Fairness Act. It was circa 2006, shortly after President Bush signed CAFA into law, when we received word of a complaint against our client filed in California...more

CBA Annual Meeting Employment Law Recap: Ways to Avoid Getting Sued

No one will ever mistake the Connecticut Legal Conference, run by the Connecticut Bar Association, for, say a glitzy gaming conference. But if you were fortunate to attend, you had the opportunity to hear some pretty good...more

What Exactly Was Excluded? Proffering Expert Opinions to Preserve Daubert/Frye Challenges

Most practitioners would agree that, if the court excludes an expert based on a Daubert challenge—and that is the only expert opining on a subject—then in most instances there should be no need to proffer the expert’s...more

[Webinar] How and Why California is Different When it Comes to Trade Secrets and Non-Competes - June 23, 1:00 EDT

Seyfarth attorneys will present the fifth installment in our 2015 Trade Secrets Webinar Series. They will focus on recent legal developments in California trade secret and non-compete law and how it is similar to and diverse...more

Employment Law - June 2015

Actual Knowledge by Employer Not Necessary for Title VII Religious Discrimination Claim, U.S. Supreme Court Rules - Why it matters: In a closely watched case, the U.S. Supreme Court sided with a teenage applicant to...more

The Top Five Mistakes in Complex Litigation Work Flow - A Primer (Reminder) for Lead (and other) Paralegals

Nexsen Pruet member (partner) Marcus A. Manos recently conducted a refresher for paralegals at the firm. Entitled "A Primer (Reminder) for Lead (and other) Paralegals," Manos took veterans and newer hires through each step...more

“Getting to Yes” by Way of “I’m Sorry”: Settling Employment Discrimination Claims with Apologies

Apologies are difficult. By expressing regret and accepting responsibility for a harmful act, the person apologizing transfers “power” from him- or herself to the person receiving the apology. Parties negotiating settlement...more

CorpCast Episode 5: The eDiscovery Big Picture [Video]

Many attorneys view eDiscovery as merely something they “have to do.” On Episode 5, we speak to Ian McCauley, Morris James’ eDiscovery coordinator about jettisoning this and other misconceptions about eDiscovery practice. ...more

Take 5 (Steps) Before Moving for Summary Judgment

Thinking of filing a summary judgment motion in your case? Take the time to follow these five steps in assessing whether this is the right move to make....more

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