Litigation Strategies

News & Analysis as of

The Top Five Reasons to Have Separate Appellate Counsel

An appeal is neither a chance to retry a case nor a time to develop new legal theories. A successful appeal depends on careful planning and extensive knowledge of the appellate process, as well as a meritorious legal...more

Fifth DCA Reaffirms Protections Against Surprise Tactics at Trial

This past January, Florida’s Fifth District Court of Appeal found that a trial court had committed reversible error by allowing a party to argue and present previously undisclosed expert testimony and evidence to the jury at...more

KCAB Celebrates Its Golden Jubliee with Expansion to Los Angeles

For court reporters, especially those working internationally, no two days are ever the same. We could be working on anything from an arbitration about plastic surgery, a court case about corruption, a deposition about...more

Litigating Against a Former Employer for Additional Compensation

At the end of an employment relationship, a former employee may assert that he or she is entitled to additional compensation from a former employer. This could be, for example, in the form of bonus, commissions, or profit...more

Depositions in China…and Disneyland? (Updated 2017)

At Planet Depos, we often receive inquiries from clients regarding depositions in China. While China is indeed a member of the Hague Evidence Convention, depositions are not permitted there....more

Taking Depositions in Suwon, South Korea (Updated)

When taking depositions in South Korea, naturally, the first city that comes to mind will likely be Seoul. Why not? I mean, it is the capital of the Republic of Korea after all. It’s the most populous city in the entire...more

Becoming the Target of an Antitrust Lawsuit: Essential Considerations

Becoming the target of an antitrust lawsuit is a daunting prospect for any business. Antitrust lawsuits are often time-consuming and expensive to defend, and the consequences of losing a case can be severe. Under the Sherman...more

[Webinar] Best Patent Practices in a Transforming Environment | Part II: Evolving Strategies for Patent Enforcement and Licensing...

Today’s patent practice is rapidly transforming. The practice is undergoing sea changes in patent eligibility, enforcement strategies, and damages. Now more than ever, innovative companies need to adopt best practices to...more

Make Your Amicus Briefs Count

When considering whether an amicus brief may benefit your case, it pays to remember that the Latin term amicus curiae, after which amicus briefs are named, means “friend of the court.” An amicus brief that actually helps the...more

[Webinar] Willful Patent Infringement in Today’s World of Medical Devices: Opinions of Counsel and Operating in a State of Flux -...

As courts apply the Supreme Court’s direction on willful infringement, U.S. companies have guideposts to look to on the bounds in which they can operate. For in-house counsel with a budget, obtaining an opinion letter for...more

The law of personal jurisdiction: A game changer for foreign banks involved in litigation in the U.S.

Hogan Lovells partner Marc Gottridge is the co-head of our global financial services litigation practice. He represents some of the world's leading banks in major class actions, investigations, and commercial litigation in...more

The 2017 Carlton Fields Class Action Survey

The 2017 Carlton Fields Class Action Survey has just been released, and the findings reveal some unexpected trends in class action litigation, based on insights provided by 387 general counsels and chief legal officers at...more

Butler Quarterly - Winter 2017

Two recent federal cases highlight the challenges practitioners face in presenting expert claims handling testimony in bad faith litigation under the Daubert standard. In the first case, a court excluded such expert testimony...more

In Commercial Litigation, Home-Field Advantage Can Help You Win

Interstate commerce is happening all around us, all the time. Companies from all over the country do business with each other. Lawsuits between these companies, however, can only occur in one place (aka venue). Does it matter...more

The Growing Importance of Data Analytics for Corporate Legal Departments

This month, the Coalition of Technology Resources for Lawyers (“CTRL”) released the results of its survey regarding the use of analytics by corporate legal departments. Data analytics is the use of specialized data systems or...more

Paid Rejection: Bankruptcy Court Allows Professional Fees Despite Trustee’s Flawed Strategy

Can a bankruptcy court deny fees requested by a professional simply because her client chose a poor strategy? The Bankruptcy Court for the District of Idaho recently rejected such a notion, holding that an accounting...more

Wisconsin Legislature Proposes Employer-Friendly Changes to State Employment Laws Related to Offers of Settlement and Remedies

A bill recently proposed in Wisconsin could seriously change litigation strategy and settlement considerations for many employment claims filed with state agencies. Assembly Bill 64 would amend the Wisconsin Fair Employment...more

Florida Supreme Court Rejects More Rigorous Expert Testimony Standard

The federal court system and 36 states have adopted the so-called Daubert standard in place of the Frye standard when it comes to qualifying expert witnesses under the rules of evidence. In 2013, the Florida Legislature...more

Does the Shelton Standard Apply to In-House Lawyers?

Nearly every court protects a litigant's lawyer from depositions or other discovery under what is called the Shelton standard ( Shelton v. American Motors Corp., 805 F.2d 1323 (8th Cir. 1986)) or under similarly restrictive...more

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

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