Podcast - Rule 7: Playing the Guessing Game is a Losing Strategy
This blog post is the second in a series on common ethical challenges that arise when preparing for and conducting depositions. What is a litigator ethically bound to do when a client lies during a deposition? This is not an...more
The Federal Trade Commission (FTC or Commission) has proposed a trade regulation rule to prohibit marketers from using deceptive practices in their product reviews and testimonials. The goal of this rule is to increase...more
Today’s news media is full of stories about supposed malicious allegations, unfounded criminal investigations and indictments based on perjury. Regardless of our political leanings, all of us should hope that such things...more
The Federal Circuit recently affirmed a district court ruling setting aside a final judgment of patent infringement, including a $1.1 million damages award and a permanent injunction. The appellee brought the motion to vacate...more
In United States v. Solano, the Second Circuit (Kearse, Calabresi, and Carney) vacated and remanded a conviction for attempted possession of cocaine with intent to distribute on the grounds that the district court had...more
Patel v. Chavez, 2020 WL 2109599 (Cal. Ct. App. 2020) - Balubhai Patel and various entities sued Manuel Chavez, the former on-site property manager of the Stuart Hotel, which was owned and operated by Patel and the other...more
In the latest episode of his "Powerful Witness Preparation" podcast series, Playing the Guessing Game is a Losing Strategy, litigation attorney Dan Small continues his in-depth 10-part series on the rules for witness...more
Seyfarth Synopsis: A construction contractor twice orders, via text message, his employees to work on a roof, and both times the employees fall through. ...more
A couple weeks ago this writer was asked to sit on a panel discussing the future of family law almost forty years after the no-fault and equitable distribution schemes were adopted and the federal government began promoting...more
This case involves an appeal to the Ninth Circuit Court of Appeals by Appellants Schilling Livestock, Inc., Kenneth Schilling and Lesley Schilling (collectively, the “Schillings”), of a Montana federal district court’s order...more
Clients can pick their own attorneys but they cannot pick their own facts. A recent case decided by Master Ayvazian highlights the difficulties that unfortunate facts can present. Creditors have eight months to file a...more
Needless to say, a finding of exceptionality under 35 U.S.C. § 285 can have crippling consequences. Just ask Rembrandt Technologies, LP, which recently was slapped with an order to pay the prevailing defendants in a...more
An essential principle of our legal system is that people are supposed to tell the truth, the whole truth, and nothing but the truth. Yet although individuals giving testimony swear an oath to tell the truth, they often have...more