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Litigation
November 03, 2018

Commencing a Lawsuit: Evaluating Whether to File Suit in Federal Court

By: Michael Bahler and Mike Stefanelli Deciding whether to commence a federal lawsuit requires the attorney to evaluate the potential client, analyze the applicable legal and procedural landscape, and examine the possibility of resolving the dispute without litigation...

November 03, 2018

Litigation Hold Memorandum (Federal)

Form provided by Jim Wagstaffe and the Wagstaffe group. This memorandum (also called a litigation hold notice or simply a litigation hold) notifies a client’s relevant employees of their duty to preserve and ensures that the client meets its legal responsibilities...

June 23, 2018

Pharmaceutical Patent Litigation Strategies

By: Jeffrey Alan Hovden, Robins Kaplan LLP This article discusses strategies that counsel for brand-name and generic drug companies may employ in pharmaceutical patent litigation under the Drug Price Competition and Patent Term Restoration Act of 1984, commonly...

June 23, 2018

Court-Ordered Alternative Dispute Resolution

By: Jim Wagstaffe And The Wagstaffe Group The article discusses the various types of alternative dispute resolution (ADR) for a federal case and covers topics such as the courts’ requirement to develop ADR procedures and their power to require parties to...

February 20, 2019

Seven Summary Judgment Survival Skills

By: Jim Wagstaffe and the Wagstaffe Group In federal and state court cases, the litigator’s survival kit frequently has as its principal tool motions for summary judgment. For defendants, the winning case strategy frequently involves executing the summary...

March 10, 2020

The Enforceability of Boilerplate Contractual Provisions

By: Jim Wagstaffe and The Wagstaffe Group Recent caselaw has upheld the enforceability of boilerplate contractual provisions regarding forum selection, choice of law, and mandatory alternative dispute resolution. These clauses, seemingly innocuous in their inception...

January 15, 2020

Removal and Remand: Tips for Making Your Case Disappear from Your Opponent's Choice of Forum

By: Jim Wagstaffe and the Wagstaffe Group This article addresses new strategies based on recent case law for a party seeking to remove a case to federal court or to avoid removal and stay in state court. The article covers topics such as forum selection clauses...

June 10, 2021

The Courts Have Spoken: Lessons of the Covid-19 Force Majeure Cases

By: Timothy Murray, Murray, Hogue and Lannis The majestic New York State Supreme Court Building in Lower Manhattan has stood in regal watch over the tumult of the past century, a silent witness to every shade of humanity—from the disgraced movie mogul Harvey...

June 11, 2021

U.S. Supreme Court Securities Litigation Decisions

By: Susan L. Saltzstein, Mollie Kornreich, and Kyle J. Schwartz Skadden, Arps, Slate, Meagher & Flom LLP This article highlights a selection of U.S. Supreme Court decisions that touch on key aspects of the securities laws, including (1) liability for statements...