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Litigation Strategies

Holland & Hart - Persuasion Strategies

Question the Legal Fiction of the ‘Reasonable Person’

The idea of something being a “Legal Fiction” is that it is treated as true for the purposes of the law, but it is not literally true. “A corporation is a person” is perhaps one of the best known of these legal fictions, and...more

Farrell Fritz, P.C.

Check the Rules Part IX: More Procedural Particularities of Practicing in the Commercial Division

by Farrell Fritz, P.C. on

As readers of this blog have come to appreciate, we here at New York Commercial Division Practice tend to report on — among other things Commercial Division — the procedural particularities of litigating commercial matters...more

Hogan Lovells

Robots Replacing Arbitrators: Smart Contract Arbitration

by Hogan Lovells on

Dispute resolution is already robotised to some extent. Various forms of information technology (‘IT’) tools, including artificial intelligence (‘AI’), are currently used in arbitration. This article explores how technology...more

Zapproved LLC

Doctrine of unclean hands has ‘no place’ in discovery analysis

by Zapproved LLC on

Rood v. Liberty Ins. Underwriters, Inc., No. 2:16-cv-02586, 2018 U.S. Dist. LEXIS 110332 (D. Nev. July 2, 2018). In this brief opinion, the court granted the defendant’s motion to compel, ordering the plaintiff to provide...more

Zapproved LLC

Party failed to follow court’s ESI Protocol Order in requesting an exception

by Zapproved LLC on

In re Syngenta AG Mir 162 Corn Litig., No. 16-2788-JWL (D. Kan. Sept. 25, 2018). In this multi-district litigation, the court denied a party’s request to produce electronically stored information (ESI) in its native...more

Holland & Hart - Persuasion Strategies

Expect Anti-Corporate Attitudes to Persist and Grow

Rhetorically, a focus on enemies is pretty important. Sometimes they’re invented, and sometimes they’re based on a fundamental truth that is then enhanced and exaggerated. In terms of our concepts and communications, a moral...more

Jackson Walker

Handling Your First (Or Next) Oil And Gas Case: Who Is The Client? Operative Documents, Necessary Parties, And Knowing Your Limits

by Jackson Walker on

As part of TexasBarCLE’s “Handling Your First (or Next)” series, Jackson Walker partner Amy Osberg Roberts presented a discussion on “Who Is the Client? Operative Documents, Necessary Parties, and Knowing Your Limits” in oil...more

Brooks Pierce

NC Business Court Steps Into Uncharted Territory On Advancement And Indemnification For Corporate Officers

by Brooks Pierce on

Judge Robinson boldly went where no North Carolina Judge writing published Opinions had gone before last month in the case of Wheeler v. Wheeler, 2018NCBC117. The subject was a corporate officer’s right to the advancement of...more

Holland & Hart - Persuasion Strategies

Understand Your Jurors’ Online Reality

The idea of a courtroom trial is that it is a sealed system. The fact-finders arrive in a neutral state of mind, they receive and review only what is vetted and presented in court, and then they deliberate to a verdict...more

Planet Depos, LLC

Holiday Traditions from Around the World (UPDATED)

by Planet Depos, LLC on

There are many telltale signs of the holiday season creeping in. Colorful lights and decorations fill displays across town. Promotions for children’s toys are eye-catching, and the Salvation Army’s Santa Claus rings his...more

Kobre & Kim

Empowering Israeli Innovators to Take on Industry Giants

by Kobre & Kim on

Leading Israeli news source News1 recently featured Kobre & Kim’s Israel team discussing the unequal playing field Israeli tech companies face in IP disputes with global giants. ...more

Downs Rachlin Martin PLLC

Should I Sue For Personal Injury? The Five Most Common Questions: Part 1 - Is My Case Worth Pursuing?

by Downs Rachlin Martin PLLC on

In the 35 years I have been practicing personal injury law in Vermont, the questions I hear most frequently are: Is my injury case worth pursuing?...more

Holland & Hart - Persuasion Strategies

Don’t Dehumanize

Once you’re aware of “dehumanization” as a feature of communication, you start to see it everywhere. Characterizing a group as less than human in one or more ways is often part of the rhetorical landscape on the most divisive...more

American Conference Institute (ACI)

[Event] Long Term Care and Senior Care Compliance, Risk Management, and Litigation Strategies - January 23rd-25th, Miami, FL

Join us as they share their insights on risk management, compliance, and litigation and help you develop the necessary strategies to avoid mistakes that cost facilities millions in jury verdicts annually. This year’s...more

Skadden, Arps, Slate, Meagher & Flom LLP

Delaware Litigation Developments Impacting Financial Advisors

Over the last few years, significant developments in Delaware law and practice have changed the traditional M&A litigation landscape. These developments resulted in a dramatic reduction in pre-closing applications for...more

Fisher Phillips

You May Not Have to Pay Attorney’s Fees in Some FLSA Cases

by Fisher Phillips on

If you have ever had to defend against a lawsuit under the FLSA, you probably know that attorney’s fees awards often far exceed the value of your employee’s claims. This is especially true in collective action cases, which...more

Holland & Hart - Persuasion Strategies

Know Your Exigence

Generally speaking, the “exigence” refers to the needs or demands of a situation, as in “the exigences of city living.” However, within the fields of persuasive communication and rhetoric, the exigence has a more particular...more

Jones, Skelton & Hochuli, P.L.C.

When to Challenge an Expert’s Qualifications: Implications of Rasor

In Rasor v. Northwest Hospital, LLC, 243 Ariz. 160 (2017), the Arizona Supreme Court resolved a split of authority among the court of appeals when it held that a defendant may move for summary judgment based on a proposed...more

K&L Gates LLP

Distressed Solutions: The Ins and Outs of Receiverships

by K&L Gates LLP on

Receiverships are an extraordinary remedy that can maximize the return to creditors by freezing assets and allowing a third party to conduct necessary litigation. John Gardner (Raleigh) and David Neu (Seattle) join host...more

Holland & Hart - Persuasion Strategies

Beware of Paraleipsis (and Other Shady Rhetorical Strategies)

Just before Thanksgiving, the White House released a statement on U.S. policy toward Saudi Arabia in the wake of the brutal murder of U.S. journalist and Saudi expatriate Jamal Khashoggi. The short version of President...more

Lawson Lundell LLP

Court Costs – An Often Overlooked Part of Litigation

by Lawson Lundell LLP on

In the recent Court of Queen’s Bench of Alberta decisions of Weatherford Canada Partnership v. Addie, 2018 ABQB 571 and Remington v Crystal Creek Homes Inc, 2018 ABQB 644, the Court addressed how costs should be calculated...more

Hogan Lovells

The establishment of three new organisations points to further growth in african arbitration

by Hogan Lovells on

Africa's economic growth is picking up pace and is expected to reach 6.3% in East Africa and 3.4% in Sub-Saharan Africa by the end of this year....more

NAM (National Arbitration and Mediation)

Arbitration And Mediation For Young Lawyers: An Introduction To The Alternative

“The young advocate would be remiss in not familiarizing themselves with the ever-expanding world of ADR.” As a fresh out of law school attorney starting out as a litigator with a municipal agency, I was eager to try every...more

Planet Depos, LLC

Take Your German Depositions to Amsterdam

by Planet Depos, LLC on

Recently we highlighted Prague as an option to depose your German witnesses, as the U.S. Consulate in Frankfurt has momentarily halted all depositions. ...more

Holland & Hart - Persuasion Strategies

Make Your Language More Personal and Less ‘Polite’

Defendants, and some plaintiffs, can have a source problem when it comes to legal persuasion. They’re already seen as morally questionable, and that makes whatever claims are coming from them already suspect. For defendants,...more

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JD Supra Privacy Policy

Updated: May 25, 2018:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

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Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

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Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

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How is your information shared?

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How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

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JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
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Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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