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Counterclaims and Counterpunching to a Lawsuit – Speaking of Litigation Podcast [Video]

Float like a butterfly, sting like a . . . Swifty? From Muhammad Ali’s masterful prowess in the ring to Taylor Swift’s re-recorded classics, the art of counterpunching has long been portrayed in societal—as well as...more

The New Playbook for Depositions - Speaking of Litigation Podcast [Video]

Trial lawyers are constantly developing dynamic litigation strategies and using new technologies in the courtroom. Whether we like it or not, litigation is becoming more like a reality TV show, with video depositions...more

What to Do When You Receive a Legal Complaint

A knock on the door. A parcel left with reception. An envelope lying on your front step. When you open it, you read the first words, “a lawsuit has been filed against you.” You or your company are being sued. What do you do?...more

Don’t Go to Prison for Extortion: Lessons from Michael Avenatti

Last month, former attorney Michael Avenatti was sentenced to four years in prison for stealing about $300,000 from his client, Stormy Daniels. But Mr. Avenatti was already serving a thirty-month prison sentence for...more

Sexy Little Claims: Declaratory Judgments in Trademark Infringement Claims

For better or worse, trademark infringement claims enjoy relaxed standing requirements which enable plaintiffs to move quickly to quash would-be infringers. These requirements are at their lowest ebb when parties seek...more

Depose Like There’s No Tomorrow: Deposition Practice Needs to Adjust to the Realities of Today’s Workforce

Breathless headlines warn of the “Great Resignation” or a “Resignation Apocalypse” that will soon empty cubicles all around the nation. Exaggerated as these reports may be, there is a kernel of truth to these warnings, and...more

Ninth Circuit: Insurers Must Honor Their Promises to Out-Of-Network Providers

In July, we reported (here) on a Third Circuit decision that held an out-of-network provider’s direct claims against an insurer for breach of contract and promissory estoppel were not pre-empted by ERISA. That opinion was a...more

Trial and Error: COVID-19 Challenges Courts Hoping to Resume Jury Trials

Mark Twain once said: “Trial by jury is the palladium of our liberties. I do not know what a palladium is, but I am sure it is a good thing!” If Mr. Twain were alive today, he wouldn’t be quite so sure that jury trials...more

Third Circuit: Provider’s Out-of-Network Claims not Pre-empted by ERISA

In an important win for healthcare providers, on July 17, 2020, the Third Circuit determined in a published opinion that an out-of-network provider’s direct claims against in insurer for breach of contract and promissory...more

Personal Jurisdiction in a Time of Social Distancing

Across the nation, authorities are scrambling to meet the new challenges posed by COVID-19. The United States Centers for Disease Control and Prevention (“CDC”) has recommended that individuals remain six feet apart in order...more

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