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Protecting Confidential Legal Information
Posted on 31 Jan 2008 by AME3bg

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... Read More

A Class Action Waiver in a Consumer Transaction Arbitration Agreement May be Enforceable, or Maybe Not – It All Depends upon Where the Consumer Lives
Posted on 16 Apr 2009 by Ted Zwayer

Should consumers be bound by waivers in arbitration agreements of the right to bring class actions, and where do the courts stand on the enforceability of class action waivers? As with so much in the law, it depends upon whom you ask. Alan S. Kaplinsky... Read More

Taking Your First Deposition
Posted on 20 Apr 2009 by ABA YLD 101 Series

Taking your first deposition can be one of the most exciting experiences in a young litigator's career. Although the fact of the matter is that depositions really aren't that glamorous or exciting -- there won't be many "Perry Mason moments"... Read More

Ex Parte Communications with Former Managers/Employees of Adverse Corporate Parties Are Generally Permitted
Posted on 20 Jul 2009 by Ted Zwayer

Rule 4.2 of the ABA Model Rules of Professional Conduct instructs us that “In representing a client, a lawyer shall not communicate about the subject of the representation with a party the lawyer knows to be represented by another lawyer in the... Read More

Jury Selection
Posted on 12 Mar 2009 by LexisHub Staff

Scott M. Fogg, of the Hunsinger Law Firm, has posted a very helpful jury selection primer on Lawlink.com. Some highlights: If you are going to present expert witnesses, prepare the jury for that fact during jury selection Favor jurors who will relate... Read More

Military Law Jargon
Posted on 15 Jan 2009 by Duplicate-Do Not Use-Lisa McManus

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. Read More

Getting Case Analysis Off to a Fast Start
Posted on 15 Jul 2008 by AME3bg

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... Read More

Qualcomm Complaint for Patent Infringement
Posted on 12 Mar 2009 by LexisHub Staff

To view this free copy of the Complaint for Patent Infringement filed by Qualcomm, 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... Read More

California Supreme Court Upholds Same-Sex Marriage Ban– While Former Foes Olson and Boies Team up to Challenge Prop. 8 in Federal Court
Posted on 29 May 2009 by Ted Zwayer

On Tuesday, the California Supreme Court, in Strauss v. Horton , 2009 Cal. LEXIS 4626 (Cal. May 26, 2009), upheld Proposition 8, which was approved by the voters last fall and banned same-sex marriages in California. The decision, though, leaves intact... Read More

Kiesel and McBride on the Proposed e-Discovery Rules for California: How Will the New Rules Affect State Court Practice?
Posted on 5 Feb 2009 by Paul R. Keisel & Kevin McBride

Every California attorney needs to be aware of the rules governing discovery of electronic evidence and be prepared to counsel clients on those rules. New California e-discovery rules, which are likely to be reintroduced in 2009 after an unexpected eleventh... 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

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

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