NITA Publications

Paul v. Dynamo Sporting Goods, Dillon, and Hanson Faculty Version

This is a breach of contract case focusing on evidentiary privileges, professional responsibility, and client misconduct. Michelle Paul is seeking to recover the unpaid sum of $2.8 billion from Arthur Dillon, the buyer of her former business, Sportslifeware. After the sale, Paul started a new company, Sportique Clothing, and hired two of the plaintiff's former employees, one of whom brought Sportslifeware's customer list with him. Dillon failed to make the balloon payment claiming he owed nothing because Paul breached the agreement.

• >> TABLE OF CONTENTS
  CONTENTS
  
  PLEADINGS AND DOCUMENTS
  
  1. PLEADINGS
  Complaint
  Answer, Affirmative Defenses, and Counterclaims
  Answer and Affirmative Defenses to Counterclaims
  
  2. TRANSACTION DOCUMENTS
  Memorandum of Agreement
  Asset Purchase Agreement
  Personal Guaranty of Payment and Performance
  Dillon's Personal Financial Statements
  
  MATERIALS FOR As
  INTERVIEWS, CORRRESPONDENCE, AND E-MAILS
  
  1. INTERVIEWS OF PARTIES AND WITNESSES
  Initial Interview of Michelle Paul
  Interview of Jay Lyons
  Interview of Sal Duane
  
  2. E-MAIL MESSAGES BETWEEN PAUL AND NORRIS
  Norris to Paul, June 12, YR -3
  Norris to Paul, July 22, YR -3
  Norris to Paul, September 19, YR -3
  Norris to Paul, November 11, YR -3
  Paul to Norris, November 18, YR -3
  Norris to Paul, November 19, YR- 3
  Norris to Paul, December 29, YR -3
  
  MATERIALS FOR Bs
  INTERVIEWS, CORRRESPONDENCE, AND E-MAILS
  
  1. INTERVIEWS OF PARTIES AND WITNESSES
  Initial Interview of Arthur Dillon
  Interview of Pat Hingle
  Interview of Sal Duane
  
  2. LETTERS BETWEEN DILLON AND HANSON
  Dillon to Hanson, March 24, YR -3
  Hanson to Dillon, June 12, YR -3
  Hanson to Dillon, July 22, YR -3
  Dillon to Hanson, September 20, YR -3
  Dillon to Hanson, November 10, YR -3
  Dillon to Hanson, December 26, YR -3
  
  3. E-MAIL MESSAGES
  Hanson to Dillon, December 28, YR -3
  Dillon to Hanson, December 28, YR -3
  
  LAW LIBRARY AND EXERCISES
  A. MAJOR MOTIONS
  
  PART I. THE ATTORNEY-CLIENT PRIVILEGE, THE CRIME FRAUD EXCEPTION, PRIVILEGE LOGS, AND MOTIONS TO COMPEL DISCOVERY
  
  A. EXERCISES, MEMORANDUM, AND RELEVANT RULES
  1. Exercise: Case Theory and Privilege Logs
  2. Exercise: Motion to Compel Discovery and Motion for a Protective Order
  3. Memorandum of Law
  4. Selected Federal Rules
  Federal Rules of Civil Procedure 26
  Federal Rules of Civil Procedure 37
  Federal Rule of Evidence 501
  5. Selected Provisions, American Bar Association Model Rules of Professional Conduct: Rules 1.2, 1.6, 1.16, 2.1, 3.4, 4.1, 8.5
  
  B. THE CRIME FRAUD EXCEPTION TO THE ATTORNEY-CLIENT PRIVILEGE--CASES
  1. Fundamental Principles
  United States v. Zolin, 491 U.S. 554 (1989)
  2. Attorney Knowledge of the Crime and Fraud
  In re Grand Jury Proceedings, 87 F.3d 377 (9th Cir. 1996
  3. Proof Establishing That the Crime-Fraud Exception Applies
  Triple Five of Minnesota, Inc. v. Simon, et al., 213 F.R.D. 324
  (D. Minn. 2002)
  4. Privilege Logs and the Standard for In Camera Review
  In re Grand Jury Investigation, 974 F.2d 1068 (9th Cir. 1992)
  
  PART II. TRADE SECRETS AND PRELIMINARY INJUNCTIONS
  
  A. EXERCISE
  1. Exercise: Trade Secrets and Preliminary Injunctions
  
  B. LAW LIBRARY: TRADE SECRETS
  1. Uniform Trade Secrets Act
  2. Restatement of the Law Third, Unfair Competition, Section 39
  3. Memorandum
  
  C. LAW LIBRARY: TRADE SECRETS AND PRELIMINARY INJUNCTIONS: CASES AND RULE 65
  1. Federal Rules of Civil Procedure, Rule 65
  2. North Atlantic Instruments, Inc. v. Haber et al.
  3. American Red Cross v. Palm Beach Blood Bank, Inc.
  4. Nowogroski Insurance Inc. v. Rucker
  
  PART III. SUMMARY JUDGMENT
  
  A. EXERCISES
  1. Exercise: Summary Judgment Motions by Arthur Dillon, Dynamo Sporting Goods, and Sam Hanson
  2. Exercise: Summary Judgment Motions by Michelle Paul
  
  B. LAW LIBRARY: CASES AND RULE 56
  1. Federal Rules of Civil Procedure, Rule 56
  2. Cases:
  Primus Automotive v. Otto-Wal, Inc.
  In re White
  Fortson et al. v. Winstead, McGuire, Sechrist & Minich
  
  B. PRELIMINARY MOTIONS AND PRETRIAL PLANNING CONFERENCES
  
  PART IV. MOTION TO DISMISS AND MOTION FOR A MORE DEFINITE STATEMENT
  
  A. EXERCISE
  1. Exercises: Motion to Dismiss and Motion for a More Definite Statement
  
  B. LAW LIBRARY
  1. Model Motion to Dismiss or for a More Definite Statement
  2. Memorandum of Law
  3. Federal Rules of Civil Procedure 8, 9, 11, and 12
  
  C. CASES
  In re Cascade International Securities Litigation
  Morganroth & Morganroth v. Norris, McLaughlin & Marcus, P.C. et al.
  
  PART V. MOTION FOR A TEMPORARY RESTRAINING ORDER
  
  A. EXERCISE
  1. Exercise: Motions for a Temporary Restraining Order
  
  B. LAW LIBRARY
  1. Federal Rules of Civil Procedure, Rule 65
  2. Memorandum of Law
  3. Towers Financial Corporation v. Dun & Bradstreet, Inc.
  
  PART VI. PRETRIAL CONFERENCES
  
  A. EXERCISES
  1. Exercise: Discovery Planning Conference
  Federal Rules of Civil Procedure, Rule 26(f)
  2. Exercise: Pretrial Conference Workshops
  
  B. FEDERAL RULES OF CIVIL PROCEDURE, RULE 16
  Pleadings and Motions
  
  C. ADVISORY COMMITTEE NOTES TO RULE 16

• >> AUTHOR
  
  
  • Morgan Cloud
    
    
    • Morgan Cloud, Professor of Law, Emory University School of Law, teaches and writes about criminal law, criminal procedure, constitutional theory, and comparative constitutional law. In addition to his Emory courses, Cloud regularly teaches and lectures at other universities in the U.S. and abroad, as well as to professional groups. Recently he has served as chairperson of a program on civil and criminal liability for financial institutions at the Max Planck Research Award Symposium in Germany, and delivered the fifth Robert Vance Lecture for judges in Atlanta. Professor Cloud practiced law as a trial lawyer and litigator in Florida and California before joining the Emory faculty. He is a program director for the National Institute for Trial Advocacy (NITA), and lectures to practicing attorneys around the country about trial practice and civil litigation. He has served as chairperson of the Section on Litigation of the Association of American Law Schools. He serves on the advisory board of the Green Bag, a new journal devoted to legal history and legal policy issues.