Litigation Strategies

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November 2014: Class Action Litigation Update

Class Action Defense Menu: Statutes of Limitations Served Two Ways. The statute of limitations is an underutilized but potentially potent defense in many consumer class actions. The defense can be raised two ways. First, as...more

To Raise or Not to Raise? That is the Question When Talking About Pre-Verdict Motions for Judgment as a Matter of Law

The specificity required in a motion for judgment as a matter of law/directed verdict (“JMOL”) can present challenges to counsel as they argue motions under Rule 50 or its state-law equivalents. Halo Electronics, Inc. v....more

Safeguard Your Litigation Privileges When Working With Insurance Brokers On Complex Insurance Claims

Businesses facing catastrophic losses, whether as a result of an accident or a natural disaster, or due to mass tort claims, frequently will engage both their insurance broker and legal counsel to identify and pursue...more

Derailing an Expert in the Rail Freight Fuel Surcharge Antitrust Litigation: What Every Litigator Needs to Know

The business of buying, selling, investing in, and arbitraging legal claims continues to grow, and carries with it hidden pitfalls. This is particularly the case when a litigation expert has a business relationship with a...more

8 tips from an appellate attorney for managing litigation

Key to any successful appeal is, of course, preserving errors and making a complete and accurate record. However, sometimes things get missed in the high-pressure back-and-forth of trial. Below are some tips for inside...more

To Call or Not to Call an Adverse Party or Witness

In civil cases, you can call an adverse party or witness in your own case. Evid C §776(a). But just because you can doesn’t mean you should. Before deciding to call an adverse party or witness, definitely check out this chart...more

Should You Move for Mistrial?

Certain things that happen during trial may be so improper and prejudicial that they deprive a party of the right to a fair trial. That’s when counsel may move for a mistrial. But just because you can doesn’t mean you should....more

Considerations In Settling

This is a question every one of our clients will ultimately have to decide. The answer to it is as individual as the person who’s faced with it. A lot of emotions go into making this decision. The goal though should be to...more

IP|Trend: Music to IP Lawyers Ears: What Lawyers Can Learn From Musicians [Video]

Musicians and IP lawyers have more in common than might meet the ear. IP lawyers can learn a lot from how musicians perform in the arena when they’re performing in the courtroom or the boardroom. Attorneys Seth Northrop and...more

IP|Trend: The Importance of Consumer Surveys in Patent Litigation [Video]

Courts have increasingly shown scrutiny towards claims of patent damages in patent litigation. To address these issues patent plaintiffs have often relied on consumer surveys to demonstrate harm caused by patent infringement....more

Costs Claimed Out of Whack? Move to Tax Them

To the victor go the spoils. But that doesn’t mean the prevailing party can get whatever it wants in claimed costs. If you disagree with the costs listed in the prevailing party’s costs memorandum, file and serve a motion to...more

Don't Throw The Kitchen Sink Of Defenses Into Your Answer

Say you are filing an Answer to a Complaint. NC Rule of Civil Procedure 8(c) lists a host of affirmative defenses you might raise. They are: accord and satisfaction, arbitration and award, assumption of risk,...more

Amicus briefs shape intellectual property law

Amicus briefs have become an established part of sophisticated litigation strategy - As the value of intellectual property rights has skyrocketed, the law governing ownership and enforcement of those rights has grown...more

Fighting Fraudulent Joinder: Getting Your Case Into Federal Court

Tort actions involving pharmaceuticals and medical devices usually involve state law claims, and therefore, diversity jurisdiction is often the only way to proceed in a federal court. Plaintiffs, however, may join doctors,...more

An Entrepreneur's Guide to Getting Sued and Fighting Back

You finally figured out the product. You hired the right guys. You released your beta version to 10,000 users and the response has been off the charts. You’re about to close your third round of funding with a valuation you...more

Be Ready to Oppose Motions in Limine

In limine motions are a great litigation tool—they get evidence admitted or excluded before it’s even offered. You’ve probably been advised to use them whenever appropriate. But opposing counsel also will have received this...more

Why Even the Most Cutthroat Lawyer Should Want to Cooperate

Litigants are rarely genuinely interested in cooperation during litigation. Litigation is, after all, an adversarial proceeding where one side hopes to win while the other side loses. In some instances, it seems like the...more

Cross-examining the Expert Witness – Part 5

In the four earlier articles of this series, I discussed the reasons why you need to cross-examine an expert witness, the four main advantages a trial lawyer has over an expert witness, and the four stages of general...more

The Root Cause of Skyrocketing Securities Class Action Defense Costs

Why do the costs of defending securities class actions continue to increase? Because of my writing on the subject) I’m asked about the issue a lot. My answer has evolved from blaming biglaw economics – a combination of...more

What Peppers Counsel Needs to Know Before Agreeing to Follow Insurer Litigation Guidelines

When an insurer agrees to defend its insured against a potentially covered claim without reserving the right to deny coverage, the insurer usually has the right to control the defense of the underlying lawsuit. See 3 Jeffrey...more

Deposition Tactics - Obstructionist Litigation

With fewer trials and an increasing focus on using the discovery process to leverage a favorable settlement or resolution, it is common for litigation counsel to be obstructionist during discovery. For example, counsel may...more

Wearable Technology: A Perfect Fit For Litigation

It should come as no surprise that wearable technology and fitness trackers, such as Google Glass, the Jawbone UP, and the Narrative Clip are saturating the consumer market, and as a result, consumers are increasingly...more

Plaintiffs: Reject §998 Settlement Offers at Your Peril

Last week on CEBblog™, we discussed the consequences of a defendant rejecting a settlement offer under CCP §998 and then getting creamed at trial. But §998 is an equal opportunity statute with consequences for plaintiffs too....more

The Minefield of Appellate Practice: Notices of Appeal

The Illinois Appellate Court’s recent opinion in In re Marriage of Micheli, 2014 IL App (2d) 121245 (filed July 31, 2014), illustrates the necessity of retaining appellate specialists to handle all post-trial and appellate...more

Think Creatively about Settlement Options

In the vast majority of cases, there are more options for settlement than meet the eye. Having more options on the table increases the likelihood of finding one that is mutually acceptable. This is your chance to get...more

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