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What You Need To Know When Litigating For or Against the FDIC: Part 3 of 4
Posted on 13 Mar 2009 by HB Litigation Conferences

This is the third of four posts covering the presentations of Stinson Morrison Hecker partner Michael Tucci and Kilpatrick Stockton partner Rex Veal delivered on January 15, 2009, a the “FDIC & The New Banking Crisis” conference in Washington... Read More

If Your Client Sees Grayish Substances in the Vents and Smells Foul Odors in the Air Conditioning Closet at the Office, Don’t Delay Filing that Louisiana Lawsuit
Posted on 9 Mar 2009 by Ted Zwayer

When I was a prosecutor, defense attorneys, not always in jest, would say to me that something was rotten and stinking up the prosecutor’s office. But I never found the cause of that stinking smell. Apparently in the District Attorney's Office... Read More

Dispute Resolution -- Representing the Foreign Client in Arbitration and Litigation
Posted on 1 Aug 2008 by AME3bg

Myths About Litigation Many foreign clients and clients that are United States subsidiaries of foreign companies have mistaken preconception about litigation in the United States. Part of this stems from the status of litigation in foreign countries... Read More

Lemon Law Complaint
Posted on 27 Feb 2009 by LexisHub Staff

To view this free sample complaint, click the link below. Registration is required, but it’s free and easy! Lexis.com features a collection of briefs and motions from both federal and state jurisdictions, including the U.S. Supreme Court, Court... Read More

Form over Substance?
Posted on 31 Jan 2008 by AME3bg

In E-Discovery situations, often the volume of documents to be produced is given much attention, since the amount of electronically stored information (“ESI”) at issue can have a direct effect on the cost of production. However, the form of... Read More

Understanding Evidence
Posted on 10 Jul 2008 by AME3bg

Lee Harvey Oswald either shot President Kennedy or he did not. This is an important question, but for trial lawyers, the question is whether a party — here, the prosecution — could have proved Oswald’s guilt at a trial. This is where... Read More

What You Need To Know When Litigating For or Against the FDIC: Part 4 of 4
Posted on 31 Mar 2009 by HB Litigation Conferences

This is the last of four posts covering the presentations of Stinson Morrison Hecker partner Michael Tucci and Kilpatrick Stockton partner Rex Veal delivered on January 15, 2009, a the “FDIC & The New Banking Crisis” conference in Washington... Read More

Bridging the Chasm between General Counsels and Law Firms
Posted on 31 Jan 2008 by AME3bg

With the onset of Sarbanes-Oxley and the increase of prosecutors' and regulators' use of the Federal Sentencing Guidelines as an offensive weapon, the general counsel's organizational authority, relationships, responsibilities, and potential... Read More

What You Need To Know When Litigating For or Against the FDIC: Part 1 of 4
Posted on 24 Feb 2009 by HB Litigation Conferences

Invariably when he is working for a client in litigation with the FDIC, Stinson Morrison Hecker partner Michael Tucci says “four words come out at some point in time. Those four words are, ‘They can't do that.’ My response is virtually... Read More

Early Case Assessment Resource Checklist
Posted on 31 Jan 2008 by AME3bg

Based on extensive research and in-depth analysis of the early case assessment practices of leading litigation firms and companies across the United States, we have developed the following early case assessment approach and recommended sources available... Read More

Information Management: Purging Pragmatically
Posted on 31 Jan 2008 by AME3bg

Situation : In reviewing recent studies in my work as discovery compliance counsel, I have found that an average corporate lawsuit involves slightly under 1,000 data custodians who, on average, store eight gigabytes of data on each of their hard drives... Read More

Presenting an Appellate Oral Argument
Posted on 23 Jul 2008 by AME3bg

Ever wonder what happens during an appellate oral argument? Through Visionbytes new Flash based Visionplayer, LexisNexis provides an inside look at the procedure. Both the videotaped argument and the transcript are available for five state supreme court... Read More

Could you repeat that, please?
Posted on 31 Jan 2008 by AME3bg

Just starting out in the Litigation field? A basic knowledge of the terms of art is key to impressing your client or managing partner with your ability to handle litigation matters competently. Read on for a quick primer! 12b6 Motion: A motion to... Read More

Commanding Respect in Mediations
Posted on 30 Apr 2009 by ABA YLD 101 Series

As a mediator, I always have two goals when entering the room: to maximize the likelihood of a fair settlement and to ensure a day where my reputation will be enhanced. If I succeed with those two goals, I do command respect. I often see women attorneys... Read More

Ask Lambda Legal
Posted on 23 Jun 2009 by Kevin Cathcart

When President Obama nominated Judge Sonia Sotomayor to serve as a justice of the U.S. Supreme Court, he talked not only about her broad legal experience and distinguished career, but also about the importance of empathy – the ability to walk in... Read More

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  • Blog Post: Techniques and Potential Conflicts in the Handling of Depositions

    Depositions can be the largest single item in your case's litigation budget, can decide whether the case settles before trial and can be outcome determinative. It is therefore important at the onset of a case to identify what are the key elements in a case -- it will then be the goal of discovery...
  • Blog Post: Protecting Confidential Legal Information

    In assessing whether preparation for litigation was the primary motivating factor, some courts have found that the timing of the preparation of the document is a factor to be considered. Many of these cases involve the issue of whether insurance investigations following an accident are for business purposes...
  • Blog Post: Information Management: Purging Pragmatically

    Situation : In reviewing recent studies in my work as discovery compliance counsel, I have found that an average corporate lawsuit involves slightly under 1,000 data custodians who, on average, store eight gigabytes of data on each of their hard drives. Some have less, but many have more—in some...
  • Blog Post: Bridging the Chasm between General Counsels and Law Firms

    With the onset of Sarbanes-Oxley and the increase of prosecutors' and regulators' use of the Federal Sentencing Guidelines as an offensive weapon, the general counsel's organizational authority, relationships, responsibilities, and potential liability have been transformed. In the same period...
  • Blog Post: Brief Advice: Educating Employees about Litigation Holds

    LexisNexis Martindale-Hubbell posed the following question to provide a variety of views on this important topic: In light of the new Federal Rules of Civil Procedure, how -- and how much -- should companies educate employees about their duties in document retention and litigation holds? Read the...
  • Blog Post: Voluntary Disclosure and Apology Protection

    Physicians are ethically bound by an American Medical Association mandate to disclose adverse medical incidents. Counsel typically warn physicians about the risks of discussing adverse incidents with patients or their families because of malpractice risks. However, since 2005, a voluntary organization...
  • Blog Post: Form over Substance?

    In E-Discovery situations, often the volume of documents to be produced is given much attention, since the amount of electronically stored information (“ESI”) at issue can have a direct effect on the cost of production. However, the form of production can also be an important, though more...
  • Blog Post: ABA Concludes Limited Representation in Collaborative Law Practice Does Not Violate Ethics if Informed Consent is Obtained

    If a client gives informed consent, a lawyer may represent the client in a collaborative law process. Nonetheless, the lawyer is still bound by the rules of professional conduct, including the duties of competence and diligence. Read the full article on martindale.com®.
  • Blog Post: Judicial Review of Arbitration Awards

    On May 29, 2007, the U.S. Supreme Court agreed to decide whether federal courts may enforce agreements that expand judicial review of arbitration awards beyond the minimal review provided in the Federal Arbitration Act (“FAA”). This update summarizes the issue and its practical importance...
  • Blog Post: Could you repeat that, please?

    Just starting out in the Litigation field? A basic knowledge of the terms of art is key to impressing your client or managing partner with your ability to handle litigation matters competently. Read on for a quick primer! 12b6 Motion: A motion to dismiss a complaint because it fails to state a claim...
  • Blog Post: Early Case Assessment Resource Checklist

    Based on extensive research and in-depth analysis of the early case assessment practices of leading litigation firms and companies across the United States, we have developed the following early case assessment approach and recommended sources available from LexisNexis ® that will assist you in performing...
  • Blog Post: Drafting an Aviation Accident Complaint

    There are numerous considerations to take into account prior to drafting a complaint. The following is a checklist of issues to study when commencing an action and drafting the complaint: 1. Identify the tortfeasors: Who are the potential tortfeasors; does the jurisdiction require, either by case...
  • Blog Post: Deposition Preparation: The 10 Essential Steps

    As a new associate you’re likely to be taking depositions. Here’s a ten-step checklist to help you avoid common pitfalls that can hurt a deposition.
  • Blog Post: Advice for Young Lawyers – On the Job Deposition Training

    Thousands of young attorneys will sit down to take their first deposition every year the same way I did, with roughly the same amount of dread and exactly the same amount of training. A lot and none whatsoever. So that someone might benefit from my own painful experience more than twenty-five years...
  • Blog Post: Understanding Evidence

    Lee Harvey Oswald either shot President Kennedy or he did not. This is an important question, but for trial lawyers, the question is whether a party — here, the prosecution — could have proved Oswald’s guilt at a trial. This is where the rules of evidence come into play. They govern...
  • Blog Post: Getting Case Analysis Off to a Fast Start

    From your first conversation with a prospective client, you're learning about the dispute that led the individual or corporation to seek counsel. This article presents a method for systematically organizing and evaluating this knowledge. And it illustrates how the results of this dispute analysis...
  • Blog Post: Presenting an Appellate Oral Argument

    Ever wonder what happens during an appellate oral argument? Through Visionbytes new Flash based Visionplayer, LexisNexis provides an inside look at the procedure. Both the videotaped argument and the transcript are available for five state supreme court oral arguments. Basic instructions are as follows...
  • Blog Post: Dispute Resolution -- Representing the Foreign Client in Arbitration and Litigation

    Myths About Litigation Many foreign clients and clients that are United States subsidiaries of foreign companies have mistaken preconception about litigation in the United States. Part of this stems from the status of litigation in foreign countries, particularly in countries such as Japan and...
  • Blog Post: The New Presidential Administration and Equal Rights

    November 4, 2008 transformed America’s history. We elected the nation’s first nonwhite President, who supports many of our issues and seems to be inclusive of our voices. History also was made in the transgender community. The small town of Silverton, Oregon elected Stu Rasmussen, the nation’s...
  • Blog Post: Administrative Law Primer

    Administrative Law generally refers to the body of procedural law governing the operation of regulatory agencies in the executive branch of government. The federal government and each of the states have their own separate bodies of administrative law. Constitutional law principles, such as due process...
  • Blog Post: Criminal Law Glossary

    Thinking about practicing criminal law? It may be helpful to bone up on your acronyms and terms of art. Read the document below for a quick primer!
  • Blog Post: Military Law Jargon

    Headed for the JAGC or just having trouble comprehending cases involving military law? Then it's time to brush up on your military law jargon. Skim through the document below for a quick lesson on acronyms and terms of art.
  • Blog Post: Practicing Education Law

    An essential function of our government is education. Although the Department of Education regulates some aspects of education through funding program, it is the individual states that have primary responsibility for education. Education is considered to be one of the most important functions of state...
  • Blog Post: New Federal Rule of Evidence 502 Provides Protection for Inadvertently Disclosed Documents

    On September 19, 2008, President Bush signed S. 2450, which enacted new Federal Rule of Evidence 502 (Pub. L. No. 110-322, 122 Stat. 3537).1 Rule 502 limits waivers of attorney-client privilege and work product protection to facilitate efficiency of document productions and reduce costs associated with...
  • Blog Post: Bisceglie on Electronic Discovery, Evidence and Claims in New York

    In his Emerging Issue Commentary, Attorney Kyle C. Bisceglie, Partner at Olshan Grundman Frome Rosenzweig & Wolosky LLP in New York City, summarizes the legal developments in New York related to electronically stored information (“ESI”) or “electronic discovery”, as it is...