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

Lauri Love: The Forum Bar Shows Its Mettle

by WilmerHale on

On 5 February 2017, the UK High Court issued judgment in the case of Love v USA [2018] EWHC 172 (Admin) (“the Judgment”). This was an appeal against the decision at Westminster Magistrates’ Court on 16 September 2016....more

Instruct the Jury Accurately on Witness Credibility

Given the nature of my involvement in cases, I’m not often present in the courtroom when the jury receives its instructions. But I remember one time that I was. As the judge read out the sections focusing specifically on the...more

Brand’s Memo and Dan’s Desk

Last month, then-Associate Attorney General Rachel Brand issued a memorandum to Department of Justice civil lawyers concerning the circumstances under which they may and may not use federal agencies’ “guidance documents” in...more

Toward e-justice with the transformation of the French legal system?

by White & Case LLP on

On March 9th 2018, the Minister of Justice has unveiled the main lines of the upcoming reform regarding the radical transformation of the French judicial system....more

Lauri Love – How high has the forum bar really been set?

by White & Case LLP on

In what has been hailed as a landmark decision, the High Court recently refused to allow the extradition of UK citizen Lauri Love to the USA for offences of cyber theft, activating the forum bar for the first time since its...more

Defence + Indemnity: February 2018 - I. Insurance Issues C.

by Field Law on

I. INSURANCE ISSUES - C. The SEF 44 Endorsement is not a standalone policy and exclusions in the underlying policy apply to it such that a claimant passenger of a stolen vehicle is entitled to benefits if he/she did not...more

The Supreme Court Hears Oral Arguments In United States v. Microsoft

by Shearman & Sterling LLP on

On February 27, 2018, the U.S. Supreme Court heard oral arguments in United States v. Microsoft, No. 17-2. The case presents the question whether a U.S.-based entity (Microsoft) must comply with a judicially-authorized...more

Make Your Redirect Something Other Than a Repair Job

Her key witness is still on the stand. Direct examination went well, and now the other side’s cross-examination is just wrapping up. Standing up for redirect, the attorney looks at her notes: Coming out of cross, there’s a...more

Civil Liability of Arbitrators in the UAE – An Update

by White & Case LLP on

The Dubai Court of Cassation in its recent decision in Case 484/2017 has set a new threshold for establishing the liability of arbitrators in civil matters, thereby providing some much needed clarity on this important issue....more

Ask Social-Circle Questions

Do you think you miss valuable information in voir dire? What about your friends and colleagues who are trial lawyers: Do you think they miss valuable information in voir dire?...more

The Supreme Court’s Current Cases On Jurisdictional Rules, Consolidation, And Plain Error

by Ellis & Winters LLP on

In a term chock-full of blockbuster cases, the three cases featured here won’t make many top 10 lists. But for appellate litigators, these cases are likely to figure much more prominently in their daily practice than cases...more

The Supreme Court - February 26, 2018

by Dorsey & Whitney LLP on

New Prime Inc. v. Oliveira, No. 17-340: (1) Whether a dispute over applicability of the Federal Arbitration Act’s (“FAA”) Section 1 exemption, which provides that the FAA does not apply “to contracts of employment of seamen,...more

Chris Lazarini Provides Insight on "Remmer Hearing" in Juror Influence Allegations

by Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini provided insight on a case in which a former broker sought to overturn a jury verdict finding him guilty of securities fraud, obstruction of justice and wire fraud by arguing, among...more

The Supreme Court - February 21, 2018

by Dorsey & Whitney LLP on

Digital Realty Trust, Inc. v. Somers, No. 16-1276: Paul Somers, a former Vice-President at Digital Realty Trust, brought a claim of whistleblower retaliation under the Dodd-Frank Act against his former employer, alleging he...more

Turn Your Passive Juror Into an Active Advocate: Seven Ways

Persuading a group that will then go off and deliberate is a unique persuasive setting. In a way, it can be called ‘Second Order’ persuasion, because it isn’t just about the person being convinced in the moment they’re...more

Case note: Bilta v RBS

by WilmerHale on

In Bilta (UK) Limited v Royal Bank of Scotland [2017] EWHC 3535 (Ch), the High Court once again addressed the application of legal privilege to documents prepared in the course of an internal investigation. The internal...more

Jukes: English Appellate Decision on Litigation Privilege in Internal Investigations

by Latham & Watkins LLP on

The English Court of Appeal provides further guidance, approving ENRC, on when litigation privilege will not apply to information gathering materials. The English Court of Appeal (Criminal Division) has ruled that...more

Cross-Border Data: Managing the Risks

by Epiq on

Focus on four areas to mitigate the danger of data transfer across borders - Cross-border data transfers are not only frequent, but often crucial components of everyday business. Today’s patterns of global data flow would...more

Legal Trends and Challenges in Asia

by Epiq on

For many legal practitioners, Asia remains a legal challenge, “whether it’s the different data sources, the lack of familiarity with case law or an understanding of the legal landscape in different countries, from Hong Kong...more

Red Notice Newsletter - Russian

ANTICORRUPTION DEVELOPMENTS - Mega International Commercial Bank Co. Ltd. Fined $29 Million - On January 17, 2018, the U.S. Federal Reserve Board assessed Taiwan based bank Mega International Commercial Bank Co. Ltd. a...more

Red Notice Newsletter - Chinese

ANTICORRUPTION DEVELOPMENTS - Mega International Commercial Bank Co. Ltd. Fined $29 Million - On January 17, 2018, the U.S. Federal Reserve Board assessed Taiwan based bank Mega International Commercial Bank Co. Ltd. a...more

Seventh Circuit Holds that ERISA does not Preempt State “Slayer Statute”

by Bryan Cave on

We turn once again to the sad and difficult task that plan administrators face when distributing the benefits of a participant who has been murdered by his or her designated beneficiary. Sad for obvious reasons. Difficult...more

Glitch in the Matrix – The Vital Role of Communication Between All Stakeholders in eDiscovery: eDiscovery Best Practices

by CloudNine on

...Jim’s post below highlights the importance of communications between all stakeholders in the discovery process.... ...In an article by Morgan Chalfant at The Hill posted on January 25th, it was reported that text...more

Illinois Appellate Court Expands PSEBA Exposure for Illinois Local Governments

by Holland & Knight LLP on

• On Tuesday, Feb. 6, 2018, the Illinois First District Appellate Court, in a 2-1 decision, greatly expanded the "unlawful act" trigger for eligibility for lifetime healthcare benefits under the Public Safety Employee...more

Informing Illinois Newsletter - February 2018

by Hinshaw & Culbertson LLP on

Illinois Supreme Court Set to Consider Whether a Court Order Can Preempt a FOIA Request - The Illinois Supreme Court is set to determine whether an agency or municipality may refuse to disclose a document requested under the...more

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