News & Analysis as of

Civil Remedies Professional Practice

Read Civil Remedies updates, alerts, news, and legal analysis from leading lawyers and law firms:

Take a Second Look at Why Per Diem Damage Requests Work

As a litigation consultant with an academic background, I am in a unique position: I stay abreast of the social science research (the blog schedule makes sure of that), but I also spend my days working with trial lawyers on...more

Active Preparation Leads to Better Mediation Results

by Foley & Lardner LLP on

After have deciding to mediate and selecting a mediator, each litigants’ focus should shift to preparation. In our experience, mediation results improve significantly when the parties, not just the attorneys, come prepared...more

The E-Discovery Digest - March 2018

The ninth edition of The E-Discovery Digest focuses on recent decisions addressing the scope and application of the attorney-client privilege and work-product doctrine, spoliation, and discovery responses....more

Contingency Fees in Arizona: Paper is Worth its Weight in Gold

Attention Arizona attorneys: to receive compensation for your contingent fee work, make sure your fee agreement is in writing and signed by the client – or, you might not get paid at all. This is the message from the Arizona...more

Evidence in the electronic age: the rise of the Sedona Canada Principles

by Epiq on

The world is moving from print toward electronically stored information (ESI), and the legal profession is no exception. Since ESI is discoverable, lawyers must understand the effects ESI can have on their discovery process....more

Frivolous? My Client Told Me So

by Reminger Co., LPA on

Parties who are involved in lawsuits are constantly seeking repercussions against the party raising claims against them. A party feeling wrongly accused of wrong doing often seeks to recover costs by asserting the claims...more

Accountant and Attorney Liability NewsBrief - Winter 2018

by LeClairRyan on

Our attorneys have published the Winter 2018 edition of LeClairRyan's Accountant and Attorney Liability NewsBrief, available. Please see full Publication below for more information....more

An End to Over-Preservation? An Expert Perspective on the FRCP

by Exterro, Inc. on

This blog post is adapted from commentary on Rule 37 by William F. Hamilton, Legal Skills Professor and Executive Director, UF Law E-Discovery Project Fredric G. Levin College of Law, University of Florida, in FRCP &...more

Drafting Maryland Liability Releases

by Pessin Katz Law, P.A. on

The drafting of liability releases has always been complicated and recent legal developments in Maryland have made such drafting even more complicated. Some non-exhaustive things to think about when drafting liability...more

How Much Circumstantial Evidence is Enough for Spoliation Sanctions?

by Exterro, Inc. on

We’ve all heard, “It’s not whether you win or lose, but how you play the game.” But how you play the game is often a big part of ending up on the winning side in e-discovery. In today’s world, it has almost become normal that...more

Toward Disclosure of Third-Party Litigation Funding in Class Actions

In January 2012, a natural gas-drilling rig exploded off the coast of Nigeria and burned for more than 40 days. Two years later, six Nigerians filed suit in the U.S. District Court for the Northern District of California...more

Court Orders Plaintiff to Produce Native Format Version of Email Potentially Altered: eDiscovery Case Law

by CloudNine on

In Lifetouch National School Studios, Inc. v. Roles, No. 3:15-cv-234 (W.D. P.A., Dec. 15, 2016), Pennsylvania District Judge Kim R. Gibson granted the portion of the defendant’s motion to compel associated with the request...more

Judge Cuts Over $10M from Attorney Fees Due to Use of Temporary Attorneys for Document Review: eDiscovery Case Law

by CloudNine on

The use of temporary associates for document review (and billing at normal staff associate rates) caused a federal judge in Manhattan to reduce the request for attorney fees by $10.3 million in a settlement of a securities...more

CFPB settles FDCPA claims against debt collection law firms

by Ballard Spahr LLP on

The CFPB announced that it has entered into a consent order with two law firms specializing in the collection of medical debts and their president for alleged FDCPA violations.  The consent order also settles allegations that...more

Excalibur Litigation: Court of Appeal Confirms that Funders Will Be Put to the Sword

by White & Case LLP on

- In the recent decision of Excalibur Ventures v Texas Keystone and others, the Court of Appeal has provided important guidance on the extent to which third party funders may be required to pay the costs of a defendant who...more

Third Circuit Rejects Class Certification for Widener Law Grads

by Genova Burns LLC on

A panel of the Third Circuit Court of Appeals refused to allow class certification for a group of Widener University School of Law Graduates who allege that the law school inflated postgraduate employment rate statistics in...more

District Court: CFPB May Hold Law Firm Owners Individually Liable for Alleged Violations

by Holland & Knight LLP on

The U.S. District Court for the Western District of Wisconsin ruled on July 20, 2016, that the Consumer Financial Protection Bureau (CFPB) may hold the owners of two law firms offering debt relief services liable for alleged...more

Court Of Chancery Limits Attorney Charging Lien

by Morris James LLP on

An “attorney charging lien” allows an attorney to recover compensation for his services from a fund recovered with his assistance....more

Motion GRANTED re Court Reporters’ Page Rates

by Kramm Court Reporting on

Government Code Sections 69950 and 69954 regulate page rates an official court reporter may charge for transcripts in California Superior Courts. A lawsuit was brought by attorneys against an independent court reporting firm...more

Coalition of Lawyers and Civil Rights Groups Brings Down Corporate Bad Guy in Alabama

by Baker Donelson on

Wonderful news today in Alabama – private probation company Judicial Correction Services (JCS) is high-tailing it out of the State after several years of being repeatedly sued over its mistreatment of low income people who...more

[Webinar] Strategies for Class Action Defense: Four Key Developments - Sept. 9th, 12:00pm EDT

by BakerHostetler on

Please join BakerHostetler’s Class Action Defense practice team on Wednesday, September 9, 2015, for an informative Webinar discussing the latest in defense strategies for companies facing class actions. The presenters will...more

Federal District Court Limits Fee Request

by Morris James LLP on

Counsel in a case filed outside of Delaware claimed entitlement to a fee because the settlement conferred a corporate benefit. The Court denied the fee request because counsel was not able to show that the litigation it...more

U.S. Supreme Court Urges Resolution of Bankruptcy Disputes

by Ballard Spahr LLP on

The U.S. Supreme Court has provided new stimulus to the use of mediation in disputes over attorney fees in its June 15, 2015, decision in Baker Botts LLP v. Asarco. Baker Botts was employed by the bankruptcy debtor estate...more

ABA Hijinks – Defeat the Resolution Supporting Unlimited Punitive Damages

by Reed Smith on

Most of us are members of the American Bar Association. Some of us are more active than others. At one extreme, Bexis has been in what the ABA calls “leadership,” as editor of the Mass Torts Newsletter, for some 15 years. ...more

Attorney’s Fees Awarded in “Nonsensical” Trade Secrets Case - Cypress Semiconductor Corp. v. Maxim Integrated Products, Inc.

by McDermott Will & Emery on

Upholding an award of more than $180,000 in attorneys’ fees under the California Uniform Trade Secret Act (CUTSA) for bringing a bad faith misappropriation claim, the California Court of Appeal found that “Cypress filed a...more

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