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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...

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...

Kiesel and McBride on the Proposed e-Discovery Rules for California: How Will the New Rules Affect State Court Practice?

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-hour veto in 2008, would significantly revise...

Understanding Administrative Law

“In the broadest sense, administrative law involves the study of how those parts of our system of government that are neither legislatures nor courts make decisions. These entities, referred to as administrative agencies, are normally located in the executive branch of government and are usually...

What You Need To Know When Litigating For or Against the FDIC: Part 1 of 4

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 always, ‘Unfortunately, they can.’”...

Federal Automobile Personal Injury Complaint Sample

To view the free sample complaint that was filed in the United States District Court for the Northern District of Illinois, 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...

Are Social Networking Sites Subject to Discovery?

In an article written for law.com, Ronald J. Levine and Susan L. Swatski-Lebson examine whether information posted on social networking sites is discoverable. In the piece, the authors provide practice tips on how to make the information discoverable and how to make it admissible. As the article notes...

Lemon Law Complaint

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 of Federal Claims, all federal circuit, district...

What You Need To Know When Litigating For or Against the FDIC: Part 2 of 4

This is the second 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, DC. Both men held positions at the FDIC...

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

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 for St. Landry Parish, Louisiana, though, there...

Jury Selection

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 to your lay witnesses Favor jurors with whom...

Qualcomm Complaint for Patent Infringement

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, including the U.S. Supreme Court, Court of...

What You Need To Know When Litigating For or Against the FDIC: Part 3 of 4

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, DC. Both men held positions at the FDIC and...

What You Need To Know When Litigating For or Against the FDIC: Part 4 of 4

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, DC. Both men held positions at the FDIC and...

A Class Action Waiver in a Consumer Transaction Arbitration Agreement May be Enforceable, or Maybe Not – It All Depends upon Where the Consumer Lives

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 and Mark J. Levin, partners with Ballard Spahr...

Taking Your First Deposition

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" in a deposition -- it is exciting for...

Arguing Your First Motion

You've written a motion and submitted it to the court. The court has set it for oral argument - now what? Preparing to argue a motion can be a nerve-racking experience. However, motion practice is an exciting and enjoyable experience if you adequately prepare for the oral argument. Over the years...

Commanding Respect in Mediations

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 who are in need of some guidance. Usually, they...

President Obama Selects Judge Sonia Sotomayor, a Judge with a Common Touch and Extensive Judicial Experience, to Replace Justice Souter on the Supreme Court

Last Saturday, President Barack Obama said that he wanted a Supreme Court nominee that had a “common touch” and empathy, who could “stand in somebody else's shoes and see through their eyes and get a sense of how the law might work or not work in practical day-to-day living."...

California Supreme Court Upholds Same-Sex Marriage Ban– While Former Foes Olson and Boies Team up to Challenge Prop. 8 in Federal Court

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 the 18,000 same-sex marriages that were solemnized...

Ask Lambda Legal

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 someone else’s shoes and to see legal problems...

Ex Parte Communications with Former Managers/Employees of Adverse Corporate Parties Are Generally Permitted

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 matter, unless the lawyer has the consent of the other...

New Attorney's Guide to the Steps in a Lawsuit

A listing of the basic steps and procedures. 1. Filing a Complaint or Petition Any complaint or petition for relief in a court must be filed within the statutory time limit ( Statute of Limitations ). These statutes vary from state to state. These statutes also vary depending on what your...

LexisNexis Tools for Conducting Discovery

Wouldn't it be nice to have a checklist of links right at your fingertips when you prepare to conduct discovery? Look no more, here is a list of LexisNexis tools you will need: Find Information & Resources on Electronic Discovery Find Information & Resources on Depositions Draft...

Expert Witness Resources at lexis.com®

When your assignment is to do research on expert witnesses, turn to the LexisNexis ® services to identify an expert’s impressive assets or potential deficits. LexisNexis ® provides you with a thorough collection of expert witness information, making it easier for you to confidently deliver...