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...
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...
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...
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...
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...
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...
Jail and prison staff need a clear understanding of evolving law—including inmate civil rights, inmate health, and case law. In a 2021 webinar hosted by the American Jail Association and sponsored by LexisNexis® , Professor Margo Schlanger, JD, shared...
By Geoff Ivnik | Director of Marketing Data analytics has been a rising catchphrase across industries from professional baseball to managed healthcare for a decade or two. After a series of fits and starts, it now appears to have firmly established its footprint...
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...
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...
As is the case in many industries, legal professionals are well aware that time is money. The faster and more effectively you can complete historically time-consuming tasks, the more time you’ll have to spend building strong legal strategies and completing...
As the U2 song goes: “Sometimes you can’t make it on your own.” Alas, such is the case for litigators. Like anyone entering an important relationship, solo and small-firm lawyers seeking co-counsel need to find someone who is compatible, shares...
This article was updated on September 21, 2023. Ordinarily, when two parties to a contract have a legal dispute, they can turn to the court system to settle the issue. But depending on how the contract was drafted, the parties might not have that option. Instead...
No matter the size of your firm – even those with thousands of attorneys on staff – litigation is complicated. For smaller firms, the challenges are magnified exponentially. Often working with limited resources, small and mid-sized firm litigators...
As a litigator, your clients expect unmatched trial skills, sophisticated business judgment, and proven strategic advice. Increased competition and high stakes matters require you to not only do it all, but to do it more efficiently than before, and more effectively...