Litigation Strategies

News & Analysis as of

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

[Event] Employment Class Actions: Strategies for Target Defendants - July 23, Chicago, IL

BakerHostetler’s Employment Class Actions team is pleased to invite you to a seminar that will focus on recent developments in class action and collective action litigation involving workplace issues. Join us on Thursday,...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

The Art of the Blind Cross-Examination: 8 Tips for When You Don’t Know the Answers

While watching her father cross-examine a witness in To Kill a Mockingbird, Scout Finch invokes the first rule of cross-examination that most lawyers—Atticus Finch included—learn: “Never, never, never, on cross-examination...more

Is This A Crack In The Bellwether?

We wrote recently on Lone Pine orders and the role they might play in today’s world of inventory litigation. You know what we are referring to – the mass litigation that occupies much of our time, where some people would say...more

Develop a Routine: Stock Questions to Ask in Every Deposition

Every case is different, but there are some questions you should ask in most every deposition. Know your routine questions and use them. Every attorney should develop a list of stock questions and ask them of most...more

Don’t Dodge—Defuse: Use Your Opening Statement to Handle Problem Areas

Almost every case has problems—sometimes they are analogous to bombs waiting to drop on your case. The key is whether you show them to the jury and simultaneously defuse them, or whether the opposition drops them with glee....more

Size Up Your Adversary

When it comes to litigating a case, your client’s objectives are only half the story. If you want to gain an advantage, you’ll also need to successfully assess your adversary’s goals, capabilities, and willingness to fight. ...more

Out of Cite, Out of Mind: Preserving Off-the-Record Objections

As we have discussed many times in this blog, one of the fundamental rules of appellate practice is if something is not in the record, it did not happen. For that reason, it is important to try to eliminate arguments held...more

From Timeouts To Tantrums – What Two Rounds Of The Terrible Twos Taught Me As A Trial Lawyer

Reflecting on skills learned through parenting children through the “Terrible Twos,” I realized the skills I have acquired in dealing with a difficult two-year old often come in handy when dealing with troublesome opposing...more

Litigating In New York: The Choice Between State and Federal Court

I am often asked by clients who have decided to file a legal action whether they should file in state or federal court. The question invariably brings to mind an old law school professor who once lectured us: "When you...more

Another Example of Using Big Data to Improve Odds of Winning in Court

Back in February, I wrote a post on The The Early Days of Legal Analytics. It discussed some of the innovations at Lex Machina, a legal start-up that uses Big Data to value contested patents and develop a litigation strategy...more

Litigation Alert: "Make Sure Your Expert Addresses Alternative Causes, or You May Get a Terrible Post-Trial Surprise"

Testimony from a well credentialed expert played a key role for the winning side in a jury trial. Indeed, the opposition did not even object to the admissibility of this key expert’s testimony....more

“Common” Defense No Bar to Removal in Preemption Case

We’re not law professors. We don’t typically read opinions with an eye to where they fit (or don’t) in some grand jurisprudential scheme. We’re litigators, so we read opinions with an eye to whether they can help our...more

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