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Butler Snow LLP

Dead Letter or Dead to Rights?

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In most cases, the grind of litigation moves forward under the careful scrutiny of courts and within the applicable rules of civil procedure. Settlement, on the other hand, is often separate and secretive; hammered out after...more

Butler Snow LLP

50 State Survey: Offer of Judgment Statutes and Rules

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Most states have an offer of judgment provision, and many of them are patterned after Federal Rule of Civil Procedure 68. Unlike Fed. R. Civ. P. 68, some states allow either party—not just the defendant—to make an offer of...more

JAMS

A Modest Proposal to Avoid Discovery Nightmares

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My life as a discovery mediator began with a court order appointing me to conduct a mediation among the parties on all disputed discovery issues in a complex, multiparty case. At the time, I had not heard of the term...more

Lathrop GPM

Connecticut Federal Court Awards Prevailing Sales Representative Less than Half of Requested Attorneys’ Fees

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A federal court in Connecticut reduced attorneys’ fees and costs sought by a sales representative after the court raised concerns about several issues with the sales representative’s trial strategy. Trade Links, LLC v. Bi-Qem...more

U.S. Legal Support

Annual Survey Results Are In: Litigation Support Trends to Watch for in 2024

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Reflection and anticipation—these words are especially resonant at this time of year. While we look back at the accomplishments and progress made in the last year, it’s important to prepare for the year ahead by identifying...more

Jones Day

JONES DAY TALKS®: Class Actions Worldview Guide: Part 1–The United States and European Union

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Although class actions have been common in the United States for decades, they have not been as widely used in the rest of the world. The situation and risks remain in flux, however, as more countries have renewed momentum to...more

Haug Partners LLP

A U.S. View on the UPC – Part 5: Of Costs and Fees (and Getting Them Back)

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On June 1, 2023, the new European Unified Patent Court (UPC) will open its doors, and enforcement of European patents in (currently) 17 contract member states will be possible with one action. This series of articles –...more

ArentFox Schiff

Follow the Money: How Litigation Finance May Be Tilting the Scales

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The US litigation finance industry is valued at over a billion dollars and has continued to grow as potential funders increasingly see litigation as an investment opportunity. Despite the growing presence of litigation...more

Morgan Lewis - Power & Pipes

Real-World Litigation Impacts of Clauses in Energy Contracts: Defining the Prevailing Party

When the term “prevailing party” is not carefully defined, it can lead to a result where your company or client is left without the possibility of recovering attorney’s fees or having to pay the other side’s attorney’s fees....more

Esquire Deposition Solutions, LLC

Mere Document Review Left Corporate Representative Inadequately Prepared for Deposition

A recent discovery ruling from an Ohio federal magistrate judge offers a helpful primer on how corporate representatives should prepare for depositions. The ruling, In re FirstEnergy Corp. Securities Litig., No. 2:20-cv-3785...more

Array

Time to Update (Or Create) Your Litigation Readiness Plan

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Just how confident are you that your company is prepared to tackle whatever litigation comes your way? If your answer is less than “highly confident,” you’re not alone. In its 2022 Global Disputes Forecast, law firm Baker...more

Miles Mediation & Arbitration

Legal Malpractice Ideally Handled in Pre-Suit Mediation

The legal profession likes to present the façade of unwavering perfection, which is why an accusation of malpractice can be particularly unsettling for the attorney at whom it is lodged. These allegations can make a lawyer...more

American Conference Institute (ACI)

[Virtual Event] Complex Employment Litigation & Risk Management - February 10th, 10:00 am - 6:15 pm EDT

Critical Guidance on Managing Covid-19 and More High Stakes Issues Coming Across Your Desk. As industry grapples with unprecedented risk and uncertainty, in-house counsel and private practitioners are set to attend ACI’s...more

NAM (National Arbitration and Mediation)

Is Mediation Conducted Through Videoconferencing Better?

Time for some good news: We already know that we can hold effective mediations online, but dare we say that videoconferencing may actually be better than in-person hearings? ...more

Miles Mediation & Arbitration

Practice Pointers for a Successful Mediation

Do not underestimate the benefits of mediation.  Many litigants believe that a jury trial is their chance to finally “tell their story” in front of an emphatic and understanding group of peers.  As attorneys, we know that is...more

Robinson+Cole Class Actions Insider

Tendering Full Relief to Moot a Class Action: It’s Still Possible in Illinois

When a business is sued in a proposed class action and there is only a small amount at stake on the named plaintiff’s claim, often one of the first thoughts that comes to mind is: can’t we just pay the full value of the named...more

Proskauer - Minding Your Business

Is Increased Transparency into Litigation Financing on the Horizon?

The market for litigation finance shows no signs of slowing down, but pressure from rulemaking bodies and the judiciary may reshape whether and to what extent funding arrangements must be publicly disclosed. The use of...more

Troutman Pepper

New Best Practices Under E-Discovery Spoliation Rule

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As the volume of electronically stored information, or ESI, subject to discovery has exploded, allegations of spoliation have multiplied. Before the 2015 amendments to the Federal Rules of Civil Procedure, courts relied on...more

Farrell Fritz, P.C.

Can the Company Pay My Legal Fees? – Part Two

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My last post on the subject of advancement and indemnification summarized the basic rules by which closely-held business owners, officers, directors, managers, and members may be entitled to use company funds to pay their...more

Arnall Golden Gregory LLP

Preparing for Litigation in the U.S.

AGG’s Global Commerce Team Insights is a monthly update covering legal and regulatory topics. Our team assists foreign companies to mitigate risk in order to capitalize on the opportunities presented by entering the U.S....more

Holland & Hart - Your Trial Message

Think About Your Case Like an Investor

I spoke with some defense attorneys recently who were surprised to learn of existence of third- party litigation funding groups. These financial companies who will front cash for litigation and trial expenses in hopes of...more

Gray Reed

Defining a Win in Litigation: Addressing the Hidden Costs

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Last month we talked about how establishing goals for litigation “wins” requires taking emotion out of litigation, and clear communication between lawyer and client.  We also talked about the need to re-evaluate litigation...more

Ward and Smith, P.A.

How to Write an Effective SBA Litigation Plan

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When an SBA loan goes into default, the SBA requires a lender to commence litigation when the lender concludes that (1) defensive action is necessary to protect the collateral or ability to collect from the obligor or (2)...more

Weintraub Tobin

Losing Twice at Trial: Denying Requests for Admission Can Come Back to Bite You

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Litigation tends to be expensive, increasingly so due to the burdens of discovery. (You can thank the advent of emails, text messages, and other forms of communication now documenting conversations that used to take place by...more

McAfee & Taft

Gavel to Gavel: Hiring a lawyer? Do it right the first time

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As a trial lawyer whose practice encompasses a broad range of complex business disputes — from business breakups and contract disputes to trust and estate litigation and lawsuits over real estate — my work is varied, as are...more

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