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As the Final Four® basketball tournaments barrel toward an exciting conclusion, we point out the similarities between motion practice and March Madness®. There’s a winner and a loser. There are upsets aplenty. And, as John Wooden preached...

We all know, thanks to 1980s supergroup REO Speedwagon, that information you heard from a friend, who heard it from a friend, who heard it from another about a third-party messing around, is inadmissible hearsay. Yet evidentiary issues are often trickier...

As in-house counsel, teaching a (virtual) room full of employees—eyes glazed over, phones out, labored breathing—about their obligations under the company’s document retention policy is one challenging rodeo. We’ve made it easier...

A California surgeon recently appeared for a virtual trial wearing hospital scrubs. When the court clerk noted that it looked like he was in an operating room, the doctor confirmed that he was, but said he was nonetheless available for the hearing, and...

Practice in New York’s Supreme Court has often felt like the old Times Square, with its loose general civil procedure rules that allowed, for example, a party to serve an unlimited number of interrogatories and depose a party well into the night...

As a Texas attorney learned when his Zoom filter displayed him as a kitty during a virtual court hearing, litigating during the pandemic has not been easy. Find out what you can do to avoid becoming the next pandemic meme. READ FULL ARTICLE »...

Your adversary’s rude or obstructionist actions could be their natural behavior or a calculated strategy to make your job more difficult. Either way, you must deal with this misconduct to protect your client’s interests. READ NOW »...

The evidentiary rules for the upcoming impeachment trial will not mirror those in the Federal Rules of Evidence. Spot the similarities and differences when it comes to the admissibility standard. READ NOW » Related Content E-Discovery: Planning...

To maintain a good (and hopefully growing) relationship with in-house counsel, you must carefully set and manage expectations both with respect to the cost of the legal services and the potential outcomes and likelihood of success. Learn proven strategies...

States have looked to the federal system in recent overhauls of their civil litigation practices. For example, Texas has just adopted an initial disclosures requirement, and Florida has taken on the federal summary judgment standard. READ NOW: Florida...

Changes to Rule 30(b)(6); Six Tips for Mastering the New Prerequisite As of December 1, 2020, before you depose an entity, you must confer in good faith with the entity about the matters for examination. We’ve got these practice tips. READ NOW...

Under the Class Action Fairness Act (CAFA), only minimal diversity is required for a federal court to exercise jurisdiction over certain class actions. Spend a few minutes with our leading industry expert James M. Wagstaffe to learn the factors you should...

Obtaining a default judgment over a non-appearing defendant often requires many procedural steps. Learn about each of them. READ NOW >> Related Content Notice of Motion (Federal) Review this form notice of motion that can be used to make...

Trial preparation can be an unexpected and overwhelming burden. Learn what you need to do to get your case ready for trial and the services out there that can help. READ FULL ARTICLE Related Content Opening Statements and Closing Arguments (Federal...