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Information Governance Engagement…

Information Governance Engagement Area

Established with the goal of aggregating key compliance and electronic discovery news for further review, study, and consideration by legal and corporate professionals. By Rob Robinson.

http://infogovernance.blogspot.com/
  • Sep 19

    Even A Judged Questioned Why Ask for Permission to Use Predictive Coding

    Even A Judged Questioned Why Ask for Permission to Use Predictive Coding
    By Josh GillilandI do not normally want to high five Federal judges, but Judge Ronald Buch, a Tax Judge in Texas, sure deserved one after his  Dynamo Holdings opinion.The discovery dispute can be summed up as a battle over backup…
  • Sep 18

    Innovation in eDiscovery? (Cartoon and Clip)

    Innovation in eDiscovery? (Cartoon and Clip)
    The Cartoon and Clip of the Week for September 18, 2014Keeping up with innovation in eDiscovery can be quite challenging given the various approaches, commentators and providers weighing in on each real or perceived innovation. This…
  • Sep 18

    Black Swans and Information Governance

    Black Swans and Information Governance
    By Jason BaronIn the absence of a black swan recently happening to you and your organization, how can you convince the powers that be that they should take some preventive and/or precautionary course of action to stave off a subsequent…
Rank this Week: 26

SCOTUSblog

SCOTUSblog

Covers the Supreme Court of the United States. By Bloomberg Law.

http://www.scotusblog.com/
  • Sep 19

    Friday round-up

    Friday round-up
    Briefly: At Re’s Judicata, Richard Re discusses Tuesday’s comments by Justice Ruth Bader Ginsburg suggesting that the Court might decline to grant any of the pending petitions challenging state bans on same-sex marriage because…
  • Sep 18

    Petition of the day

    Petition of the day
    The petition of the day is: Middleton v. McDonald 13-1342 Issue: Whether a veteran whose disability picture “more nearly approximates,” 38 C.F.R. § 4.7, but “does not satisfy” the criteria required for a…
  • Sep 18

    Mixed signals on same-sex marriage

    Mixed signals on same-sex marriage
    Commentary If Justice Ruth Bader Ginsburg was speaking for the Supreme Court on Tuesday night in Minnesota about how the Justices will deal with the same-sex marriage issue this Term, the question just may go untouched for…
Rank this Week: 44

Conflict of Laws .net

Conflict of Laws .net

Covers news and discussion on the conflict of laws in private international law cases. Editor is Martin George of the University of Birmingham. Published in association with the Journal of Private International Law.

http://conflictoflaws.net
Rank this Week: 54

Class Action Fairness Act Blog

Class Action Fairness Act Blog

Offers information, cases and insights on the Class Action Fairness Act of 2005 (CAFA). By McGlinchey Stafford.

http://www.cafalawblog.com/
Rank this Week: 56

ICT for Peacebuilding

ICT for Peacebuilding

Exploring the use of technology for conflict transformation, focusing on the use of information communications technology (ICT) for peacebuilding. From Sanjana Hattotuwa.

http://ict4peace.wordpress.com
  • Sep 17

    Technology: Progress and Potential

    Technology: Progress and Potential
    An article I wrote for Alliance for Peacebuilding’s Building Peace magazine is now up on the web. In it, I look at both the significant progress around technologies to share vital information before and during a conflict or disaster,…
  • Sep 17

    Technology: Progress and Potential

    Technology: Progress and Potential
    An article I wrote for Alliance for Peacebuilding’s Building Peace magazine is now up on the web. In it, I look at both the significant progress around technologies to share vital information before and during a conflict or disaster,…
  • Sep 4

    Lankacorps Fellows 2014 presentation

    Lankacorps Fellows 2014 presentation
    A presentation made at The Asia Foundation in Colombo to the 2014 cohort of the Foundation’s Lankacorps Fellows. Filed under: ICTs in general
Rank this Week: 60

Minnesota Litigator

Minnesota Litigator

Covers legal developments for civil litigators in Minnesota. By Seth Leventhal.

http://www.minnesota-litigator.com/
  • Sep 19

    This is like a bucket of bullsh*t…

    This is like a bucket of bullsh*t…
    “Need a zinger for court?” If so, I suggest two things to you: (1) No, you don’t; and (2) If you must, why don’t you just think up a few yourself rather than paying Thomson Reuters well over $100 for…
  • Sep 19

    When Is Speculation Illegal “Gambling”? When is Risk-Sharing “Immoral”?

    When Is Speculation Illegal “Gambling”? When is Risk-Sharing “Immoral”?
    Imagine a business model where someone bets with you on whether or not you will be physically injured over a certain period of time and, if you are seriously injured during that time, then you “win” the bet and the ……
  • Sep 18

    You won the lawsuit! Now what?

    You won the lawsuit! Now what?
    Minnesota civil litigators spent very little time trying cases, as we all know. From that, it follows that Minnesota civil litigators, generally, spend very little time collecting on money judgments. Roughly 99% of civil lawsuits are either…
Rank this Week: 70

Point of Law Forum

Point of Law Forum

Provides information and opinion on the U.S. litigation system. By the Manhattan Institute and AEI Liability Project. Contributors include Professors Michael Krauss, David Bernstein, Lester Brickman, Michael DeBow, Richard Epstein, Daniel P. Kessler and Stephen Presser.

http://www.pointoflaw.com/
  • Nov 27

    Chairman Schapiro's Troubled Tenure at the SEC

    Chairman Schapiro's Troubled Tenure at the SEC
    Chairman Schapiro announced yesterday that she will be stepping down as head of the Securities and Exchange Commission (SEC) in several weeks. Accompanying her announcement, was a nine-page list of her accomplishments during her nearly…
  • Nov 26

    The Philadelphia Story

    The Philadelphia Story
    The success of trial lawyers in Philadelphia has come at the expense of the Pennsylvania economy. Our own Jim Copland explains in an op-ed and at great detail in Trial Lawyers Inc. - Philadelphia....
  • Nov 25

    Senator-elect Warren's Quandary

    Senator-elect Warren's Quandary
    There has been a lot of speculation about whether Senator-elect Elizabeth Warren will get a seat on the Senate Banking Committee, a perfect forum to go after the financial industry. If Ms. Warren does get the coveted spot, she may...
Rank this Week: 76

How Appealing

How Appealing

Covers appellate litigation. By Howard J. Bashman.

http://howappealing.law.com/
  • Sep 19

    "Oklahoma judge dismisses Ten Commandments lawsuit"

    "Oklahoma judge dismisses Ten Commandments lawsuit"
    "Oklahoma judge dismisses Ten Commandments lawsuit": The Associated Press has this report. Earlier, The Oklahoman previewed today's hearing in the case in an article headlined "Oklahoma lawsuit on state Capitol Ten Commandments monument gets…
  • Sep 19

    We have liftoff

    We have liftoff
    We have liftoff: Fans of the blog in the vicinity of Doylestown, Pa. are invited to say hello this evening during my wife's book launch event at The Doylestown Bookshop from 7 to 9 p.m. The book has recently received additional coverage from…
  • Sep 19

    "Pregnancy discrimination: Special delivery."

    "Pregnancy discrimination: Special delivery."
    "Pregnancy discrimination: Special delivery." At the "Democracy in America" blog of The Economist, Steven Mazie has a post that begins, "Activists on warring sides of the abortion debate rarely take the same position when it comes to Supreme…
Rank this Week: 86

California Punitive Damages

California Punitive Damages

Covers California punitive damages litigation. By Horvitz & Levy LLP.

http://calpunitives.blogspot.com/
  • Sep 16

    Seventh Circuit vacates $100 million punitive damages award against ConAgra

    Seventh Circuit vacates $100 million punitive damages award against ConAgra
    In 2012 we reported on a $100 million punitive damages award against ConAgra Foods, Inc. arising out of a fire in a grain elevator.  According to Reuters, the U.S. Court of Appeals for the Seventh Circuit has reversed that punitive…
  • Sep 15

    New Mexico jury awards $65 million in punitive damages; Texas jury awards $15 million

    New Mexico jury awards $65 million in punitive damages; Texas jury awards $15 million
    I'm catching up on punitive damages news after being out of the office last week.  While I was out, the AP reported that a jury in New Mexico awarded $2.3 million in compensatory damages and $65 million in punitive damages in a lawsuit…
  • Sep 15

    Missouri Supreme Court strikes down punitive damages cap as unconstitutional

    Missouri Supreme Court strikes down punitive damages cap as unconstitutional
    Last week, Missouri's high court issued a unanimous published opinion holding that a statutory cap on punitive damages violates the Missouri Constitution. The statute in question provides that a punitive damages award against a single…
Rank this Week: 163

Asset Search Blog

Asset Search Blog

Covers asset searches, fraud investigations, and legal strategies for recovering hidden assets. By Fred L. Abrams.

http://www.assetsearchblog.com/
  • Aug 21

    Recovering Assets By Identifying & Immobilizing Them

    Recovering Assets By Identifying & Immobilizing Them
    Identifying and immobilizing assets in a timely fashion can be paramount to asset recovery cases ranging from an ultra- high net worth divorce to a forced collection proceeding against a debtor. The abstract about “Suspending Suspicious…
  • Jul 22

    Recovering Illicit Assets Via Switzerland’s Mutual Legal Assistance Unit

    Recovering Illicit Assets Via Switzerland’s Mutual Legal Assistance Unit
    Mr. Pascal Gossin is the head of Switzerland’s Mutual Legal Assistance Unit, (hereinafter “the Unit”), which is part of the Federal Office of Justice.  Mr. Gossin was a fellow speaker at the Carmelite Chambers…
  • Jul 3

    Divorce & Hidden Money: Four Methods Spouses Sometimes Use To Conceal Asset

    Divorce & Hidden Money: Four Methods Spouses Sometimes Use To Conceal Asset
    This is the eighth post in the “Divorce & Hidden Money” series.  Like “Four Asset Concealment Tools” and “Four Ways Assets Can Be Secretly Transferred”, the post reveals methods a spouse may use to…
Rank this Week: 147

Delaware Business Litigation…

Delaware Business Litigation Report

Offers case summaries of Delaware court decisions in business-related litigation. By Morris James.

http://www.delawarebusinesslitigation.com/
  • Dec 31

    Court Of Chancery Explains Scienter Requirement In Insider Trading Claim

    Court Of Chancery Explains Scienter Requirement In Insider Trading Claim
    Silverberg v. Gold, C.A. 7646-VCP (December 31, 2013) Under Delaware law, a so-called Brophy claim seeks to recover the profits made by trading on insider information. Showing that material insider information was available is not…
  • Dec 31

    Court Of Chancery Denies Advancement For Predecessor Liability

    Court Of Chancery Denies Advancement For Predecessor Liability
    Grace v. Ashbridge LLC, C.A. 8348-VCN (December 31, 2013) In general, a successor entity is not liable for its predecessor's obligations when there has been a fundamental change in the identity of the entity.  Here, the Court held…
  • Sep 17

    Does the Business Judgment Rule Protect a Board’s Stock Award?

    Does the Business Judgment Rule Protect a Board’s Stock Award?
    Authored By Albert H. Manwaring, IV This article was originally published in the Delaware Business Court Insider | September 17, 2014 In In re 3Com Shareholders Litigation, C.A. No. 16721 (Del. Ch. October 25, 1999),…
Rank this Week: 217

Day on Torts

Day on Torts

Covers issues relating to tort law, regulations, and trials. By John A. Day.

http://www.dayontorts.com/
  • Sep 19

    Defamation and Public Figures in Tennessee

    Defamation and Public Figures in Tennessee
    The recent opinion in Byrge v. Campfield, et al., No. E2013-01223-COA-R3-CV (Tenn. Ct. App. Sept. 8, 2014) serves as a good reminder of Tennessee defamation law involving a public figure. In October 2008, Stacey Campfield, then a Republican…
  • Sep 17

    Tolling Agreements, The Savings Statute and Tennessee Law

    Tolling Agreements, The Savings Statute and Tennessee Law
    The Tennessee Court of Appeals recently issued an important decision regarding the interplay between the savings statute and tolling agreements. The facts of Circle C Const., LLC v. Hilson, M2013-02330-COA-R3-CV (Tenn. App. Jul. 29,…
  • Sep 15

    Claim Washed Down the Drain By Tennessee Statute of Repose and Lack of Constructive Notice

    Claim Washed Down the Drain By Tennessee Statute of Repose and Lack of Constructive Notice
    Tthis is a premise liability case arising from the collapse of a bench in a handicap shower at the defendant’s hotel.   Upon checking into their handicap room at the Holiday Inn Express, the Parkers noticed the bench in the…
Rank this Week: 213

Appellate Law & Practice

Appellate Law & Practice

Covers appellate law and advocacy.

http://appellate.typepad.com/appellate/
  • Dec 10

    Giving it up.

    Giving it up.
     I am going to be discontinuing my participation in this blog in the next week or so.  If you want someone to blame, blame 1) non-lawyers; 2) furries; and 3) the victims rights/tort reform industry. 
  • Dec 8

    CA1: large law firm loses case on behalf of client

    CA1: large law firm loses case on behalf of client
     US Securities & Exch v. Tambone, No. 07-1384. This is a close case. On the one hand, the government is bringing an enforcement action regarding misleading prospectuses to sell mutual funds. On the other hand, the defendants are represented…
  • Dec 8

    CA1: It’s official. Everything is mail fraud.

    CA1: It’s official. Everything is mail fraud.
    US v. Hebshie, 07-2339 (12/4/08). This is a federal arson case. As you know, the framers of the constitution really envisioned the federal government prosecuting insurance fraud (or, as they say, “mail fraud”). The first says that pretty…
Rank this Week: 177

The Jury Room

The Jury Room

Covers juries, trial consulting, trial skills and litigation advocacy. By Keene Trial Consulting.

http://keenetrial.com/blog
  • Sep 19

    Social media has not killed “the spiral of silence”

    Social media has not killed “the spiral of silence”
    We’ve blogged a fair amount on the impact of the internet and social networking on jurors but here is something unexpected. People that engage in social media are less likely to discuss heated topics in the news, not more likely. This…
  • Sep 17

    The Disgust Scale: How have we missed this all this time?

    The Disgust Scale: How have we missed this all this time?
    We’ve covered a lot of the disgust research so it is curious to us that somehow we missed sharing the actual Disgust Scale with you earlier. The Disgust Scale was developed by the infamous Jonathan Haidt (his surname is pronounced…
  • Sep 15

    “Smart people ask for (my) advice!”

    “Smart people ask for (my) advice!”
    We are often wary of asking for advice for fear of looking dumb or appearing incompetent. Oddly enough, our fears may be unfounded based on some new research out of Harvard Business School. According to the researchers, asking for advice does…
Rank this Week: 347

Legal Radar

Legal Radar

Offers news coverage on civil litigation. By Sue Kerry.

http://www.legalradar.com/
  • Sep 17

    Same Sex Marriage Future Bans Will Be Decided in Ohio

    Same Sex Marriage Future Bans Will Be Decided in Ohio
    A majority of presidential elections have been made in Ohio. The same may go to gay marriage bans as well. Justice Ginsburg said that the U.S. Supreme Court will closely monitor the 6Th U.S. Circuit Court of Appeals, based in Cincinnati, as…
  • Sep 17

    Court Decides Fate on Moscow Confidentiality Breach

    Court Decides Fate on Moscow Confidentiality Breach
    John Moscow, an ex-prosecutor from New York, will be facing a hearing this week as to whether he breached his previous client’s confidentiality when he started fighting companies belonging to a Russian accused of making Manhattan properties…
  • Sep 15

    Death Toll on Defective GM Ignition Switch Now at 19

    Death Toll on Defective GM Ignition Switch Now at 19
    GM is now linked to 19 deaths as a result of defective faulty ignition switches in vehicles. The increased death number was revealed recently from a compensation professional retained by the car manufacturer, Kenneth Feinberg, who offered the…
Rank this Week: 353

Civil Procedure & Federal Courts…

Civil Procedure & Federal Courts Blog

By Robin Effron, Cynthia L. Fountaine, Patricia Hatamyar Moore and Adam Steinman.

http://lawprofessors.typepad.com/civpro/
  • Sep 17

    Freer on the New General Jurisdiction

    Freer on the New General Jurisdiction
    Rich Freer (Emory) has posted on SSRN a draft of his article, Four Specific Problems with the New General Jurisdiction, which will be published in the Nevada Law Journal. Here’s the abstract: General in personam jurisdiction allows a court…
  • Sep 16

    Judicial Conference Passes Proposed FRCP Amendment

    Judicial Conference Passes Proposed FRCP Amendment
    The National Law Journal reports that the Judicial Conference passed the proposed amendments to the Federal Rules of Civil Procedure today. The amendments next to go the Supreme Court for approval.
  • Sep 12

    Proposed Rule 37(e): Failure to Preserve Electronically Stored Information

    Proposed Rule 37(e): Failure to Preserve Electronically Stored Information
    I mentioned yesterday that the proposed FRCP amendments include all three top priorities of the defense-oriented "Lawyers for Civil Justice," as stated on its web site: LCJ’s . . . current federal rulemaking agenda is focused on .…
Rank this Week: 308

Litigation and Trial

Litigation and Trial

Covers topics related to civil litigation. By Maxwell S. Kennerly.

http://www.litigationandtrial.com/
  • Sep 8

    To Practice Law Is To Be Afraid

    To Practice Law Is To Be Afraid
    © Max Kennerly. The original for this post is To Practice Law Is To Be Afraid at Litigation & Trial Lawyer Blog.When it comes to lawyer “war stories,” I agree with Philip Thomas: “The only stories about a lawyer…
  • Sep 4

    MedPage Today Parrots Drug Company Marketing As “Medical News”

    MedPage Today Parrots Drug Company Marketing As “Medical News”
    © Max Kennerly. The original for this post is MedPage Today Parrots Drug Company Marketing As “Medical News” at Litigation & Trial Lawyer Blog.I represent clients in the consolidated Actos litigation, and so I’m…
  • Aug 15

    What If Liebeck v. McDonald’s Was Just Another Case?

    What If Liebeck v. McDonald’s Was Just Another Case?
    © Max Kennerly. The original for this post is What If Liebeck v. McDonald’s Was Just Another Case? at Litigation & Trial Lawyer Blog.This week marks the 20th anniversary of the verdict in the Stella Liebeck…
Rank this Week: 247

Class Action Blog

Class Action Blog

Covers consumer fraud, consumer protection, securities and antitrust class actions. By Meiselman, Packman, Nealon, Scialabba & Baker P.C.

http://classactionblog.mpnsb.com/
  • Mar 26

    Court Certifies Drivers’ Claims Against PJPA (Papa John’s Pizza)

    Court Certifies Drivers’ Claims Against PJPA (Papa John’s Pizza)
    The Court conditionally certified Meiselman Packman Nealon Scialabba & Baker P.C.’s federal lawsuit against PJPA, LLC a Papa John’s Pizza franchisee in Pennsylvania, New Jersey and Delaware.  As a result of the…
  • Mar 14

    McDonald’s And Other Food Chains May Be Underpaying Employee

    McDonald’s And Other Food Chains May Be Underpaying Employee
    Many fast food restaurants require their employees to purchase uniforms and/or clean their uniforms at their own costs.  However, employees should be reimbursed for the cost of purchasing and cleaning their uniforms.  In a recent…
  • Mar 10

    Tom’s Natural Toothpaste May Not Actually Be Natural

    Tom’s Natural Toothpaste May Not Actually Be Natural
    Consumers in the U.S. rely on labels that say “natural” when purchasing products such as toothpastes.  Consumers are even willing to pay extra money to buy products that are labeled “natural”.  Unfortunately,…
Rank this Week: 319

The Briefcase

The Briefcase

Comments on Ohio law with an emphasis on criminal law. By Russ Bensing.

http://www.briefcase8.com/
  • Feb 28

    Friday Roundup

    Friday Roundup
    Big news from SCOTUS.  Not really.  The Potamac Nine did come down with a decision in a criminal case, Fernandez v. California.  The Highly Abbreviated Version of What Went Down:  the cops arrested Fernandez at his home,…
  • Feb 27

    My latest experiences with the burning bush

    My latest experiences with the burning bush
    I do a lot of appeals -- over 150, my BFF Lexis tells me -- and I'm constantly amazed at how much I still learn.  I've had two recent epiphanies.  The first is that the best time to start practicing for oral argument is just before…
  • Feb 26

    An unlikely story

    An unlikely story
    Every trial is a story.  The prosecution has a story.  The defense has a story.  Oftentimes, the defense story is nothing more than that the prosecution hasn't proved their story beyond a reasonable doubt. The prosecution's…
Rank this Week: 292

Southern California Appellate News

Southern California Appellate News

Features news and resources for the Southern California appellate lawyer. By Nate Scott.

http://socal-appellate.blogspot.com/
  • Sep 19

    Justice Chin to speak in OC on Monday

    Justice Chin to speak in OC on Monday
    Justice Ming Chin will be discussing briefing writing and advocacy at the next OCBA Appellate Law Section on Monday, Sept. 22. Register here.
  • Sep 18

    2d DCA pro tem updates / LACBA ACS Kick-Off meeting

    2d DCA pro tem updates / LACBA ACS Kick-Off meeting
    The following are currently sitting on assignment:Judge Rita Miller of the Los Angeles Superior Court, will be sitting Pro-Tem in Division One until November 30, 2014 Judge John Shepard Wiley, Jr. of the Los Angeles…
  • Sep 17

    Busted for formatting trick

    Busted for formatting trick
    "Objection! Leading!"Yes, there are still courts that have page limits, not word counts. And yes, there are still lawyers that play formatting tricks to squeeze in extra text. And yes, they get in trouble, as in this order. (See Slate article…
Rank this Week: 537

Structured Settlements 4Real

Structured Settlements 4Real

Provides structured settlement information, provocative commentary, news and opinion about structured settlements and settlement planning. By John Darer.

http://structuredsettlements.typepad.com/structured_settlements_4r/
  • Sep 18

    Whats the Difference between Plaintiff or Claimant, Defendant or Respondent?

    Whats the Difference between Plaintiff or Claimant, Defendant or Respondent?
    The are some differences in structured settlement documents between cases in claim or suit. The case caption will tell you whether the case is in suit. This is a content summary only. Please click on the title for the full content which…
  • Sep 18

    '"Best Structured Settlement Company" Review Site Has Low Trust Rating

    '"Best Structured Settlement Company" Review Site Has Low Trust Rating
    Topconsumerreviews.com claims to rate the" best structured settlement companies" Use of the term structured settlement companies to portray settlement purchasers, companies that purchase structured... This is a content summary only. Please…
  • Sep 18

    Structured Settlement "Sellers Remorse' Being Wrongly Portrayed as Scam

    Structured Settlement "Sellers Remorse' Being Wrongly Portrayed as Scam
    Just because you made what proved to be a bad financial decision to sell your structured settlement doesn't necessarily mean that you got scammed or were a victim of fraud. This is a content summary only. Please click on the title for the…
Rank this Week: 381

Mississippi Litigation Review &…

Mississippi Litigation Review & Commentary

Covers developments in Mississippi civil litigation. By Philip Thomas.

http://www.mslitigationreview.com/
  • Sep 18

    More From the Lawyers Shouldn’t File Stuff Like this Chronicle

    More From the Lawyers Shouldn’t File Stuff Like this Chronicle
    As if getting crushed in the BP Oil Spill litigation wasn’t enough, District Judge Carl Barbier is calling out BP’s lawyers for cheating by sneakily exceeding the Court’s 35-page brief limit. My favorite article on the…
  • Sep 17

    September Miss. Jury Verdict Reporter Preview

    September Miss. Jury Verdict Reporter Preview
    Here is a preview of the verdicts detailed in the September issue of the Mississippi Jury Verdict Reporter: $173,306 bench verdict- Holmes County nursing home case covered here (7/24/14); $80,993 verdict- Harrison County breach of…
  • Sep 15

    $500,000 Verdict Against Target in Hinds County Slip-and-Fall Case

    $500,000 Verdict Against Target in Hinds County Slip-and-Fall Case
    Last week a Hinds County jury rendered a $500,000 verdict in McFarland v. Target Corp. Here is the Verdict Form. Lesa McFarland alleged that she fell in Target on August 4, 2011 on the See Spot Save dollar aisle. This was a high traffic…
Rank this Week: 417

Expert Witness Blog

Expert Witness Blog

Covers Daubert, expert witness marketing, and expert witness testimony. By JurisPro Expert Witness Directory.

http://www.expertwitnessblog.com/
  • Sep 17

    Business Expert Witness On Coming To Grips With Risk

    Business Expert Witness On Coming To Grips With Risk
    In Coming to Grips with Risk, business expert witness Shelley Lee Boyce writes that "Your tolerance for risk is an important factor in how you allocate your investment portfolio among different investments." While investments are subject to…
  • Sep 15

    Cross-examining the Expert Witness by Dean Brett Part 1

    Cross-examining the Expert Witness by Dean Brett Part 1
    In How to prepare to cross-examine an expert witness, attorney Dean Brett writes on what he describes as "one of the trial attorney's most difficult tasks." Throughout my years as a trial attorney, I have found that one of the most…
  • Sep 13

    Pathology Expert Witness On Learning From Other Expert

    Pathology Expert Witness On Learning From Other Expert
    In Expert Mistakes, pathology expert witness Dr. Judy Melinek discusses learning from other experts: "An expert is someone who knows some of the worst mistakes which can be made in a very narrow field." Niels Bohr When I review others'…
Rank this Week: 539

Louisiana Law Blog

Louisiana Law Blog

Insight and information on Louisiana law, litigation and legal culture. By Kean Miller.

http://www.louisianalawblog.com/
  • Sep 15

    Louisiana Second Circuit Holds that Routine Nonsurgical Medical Treatment Does Not Require Compliance with the Louisiana Uniform Consent Law

    Louisiana Second Circuit Holds that Routine Nonsurgical Medical Treatment Does Not Require Compliance with the Louisiana Uniform Consent Law
    By Karen M. Fontana William McDougald et al. v. St. Francis North Hospital Inc. No. 48,955 (La. App. 2nd Cir. April 9, 2014) 137 So.3d 1233 writ denied 2014-0815 (La. 6/3/14), 140 So.3d 1191. In this medical malpractice wrongful death action,…
  • Aug 28

    Electing Portability – It’s Not Too Late to File

    Electing Portability – It’s Not Too Late to File
    By Wendy B. Horton The Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 was signed into law on December 17, 2010, and included a key provision – providing for “portability” between spouses of…
  • Aug 25

    Protection of Trademarks from Cybersquatter

    Protection of Trademarks from Cybersquatter
    By Bill Caughman In 1999, the Internet Corporation for Assigned Names and Numbers (“ICANN”) adopted the Uniform Domain-Name Dispute-Resolution Policy (UDRP) which established a system for dispute resolution between owners of…
Rank this Week: 391

Beyond Structured Settlements

Beyond Structured Settlements

Covers 468B settlement funds, factoring, medicare set-aside arrangements, settlement planning, special needs trusts and structured settlements. By Patrick Hindert.

http://s2kmblog.typepad.com/rethinking_structured_set/
  • Sep 2

    Potential "Game Changing" S2 PLR

    Potential "Game Changing" S2 PLR
    The Internal Revenue Service (IRS) has issued a Private Letter Ruling (PLR-143928-13) dated August 29, 2014 approving favorable tax treatment for a structured settlement annuity with annual payment adjustments based on the performance of the…
  • Aug 29

    Wendie Howland Interview - 3

    Wendie Howland Interview - 3
    In two prior S2KM blog posts (Part 1 and Part 2), Wendie A. Howland, MN, RN-BC, CRRN, CCM, CNLCP, LNCC, a nationally recognized life care planning expert, has helped to explain why life care planners increasingly impact multiple overlapping…
  • Aug 27

    Wendie Howland Interview - 2

    Wendie Howland Interview - 2
    The increasing number, importance and roles of life care planners represents a significant development impacting several overlapping markets including structured settlements, personal injury settlement planning, special needs planning, and…
Rank this Week: 359

the complex litigator

the complex litigator

Covers complex litigation and class actions. By H. Scott Leviant.

http://thecomplexlitigator.com/post-data/
  • Aug 12

    Luckey v. Superior Court says no to temporary judges for class settlement approval

    Luckey v. Superior Court says no to temporary judges for class settlement approval
    In Luckey v. Superior Court (July 22, 2014), the Court of Appeal (Second Appellate District, Division Three), the Court considered a writ following the denial of a stipulation to utilize a temporary judge to handle a class settlement…
  • Aug 12

    Misclassifcation of independent contractors gets a boost in Ayala v. Antelope Valley Newspaper

    Misclassifcation of independent contractors gets a boost in Ayala v. Antelope Valley Newspaper
    As I fill the backlog, we have yet another big decision from the California Supreme Court. In Ayala v. Antelope Valley Newspapers, 59 Cal. 4th 522 (June 30, 2014), the Supreme Court examined how the question of certification should be…
  • Aug 12

    Analysis of Iskanian v. CLS Transportation Los Angeles LLC

    Analysis of Iskanian v. CLS Transportation Los Angeles LLC
    Next up on the update list is Iskanian v. CLS Transportation Los Angeles LLC (June 23, 2014). In Iskanian, a limousine driver filed a class action lawsuit on behalf of himself and similarly situated employees for his employer’s alleged…
Rank this Week: 406

Trial Ad Notes

Trial Ad Notes

Offers news items and resources relating to trial advocacy, with a focus on Washington State. By Mary Whisner.

http://trialadnotes.blogspot.com/
  • Aug 7

    Conflicts Among Wash. Court of Appeals Division

    Conflicts Among Wash. Court of Appeals Division
    Unlike the federal circuits, the Washington Court of Appeals is a "unitary system"—one court that sits in three divisions, not three separate courts. But sometimes panels from two divisions disagree with each other, so there can be…
  • Jun 20

    Ethics of Advising Marijuana Users and Businesse

    Ethics of Advising Marijuana Users and Businesse
    Under RPC 1.2(d), a "lawyer shall not counsel a client to engage, or assist a client, in conduct that the lawyer knows is criminal . . ."  Does this cover lawyers advising clients under Washington's new marijuana law, when possession is…
  • May 21

    Perceptions of Justice—Olympia, June 9

    Perceptions of Justice—Olympia, June 9
    The Washington State Minority and Justice Commission presents a half-day program, Perceptions of Justice, reviewing a report on Washingtonians' perceptions of how they are treated by the police and the courts.June 9, 2014, 8:45 a.m.-noonOB2…
Rank this Week: 543

ClassActionBlawg.com

ClassActionBlawg.com

Features class action news, commentary, and analysis. By Paul Karlsgodt.

http://classactionblawg.com
Rank this Week: 397

Electronic Discovery and Evidence

Electronic Discovery and Evidence

Offers a digest of cases, comments and other matters relating to electronic discovery and electronic evidence. By Michael Arkfeld.

http://arkfeld.blogs.com/ede/
Rank this Week: 382

CEB blog

CEB blog

Covers practice tips and new legal developments of particular interest to California legal professionals. The CEB blog covers a wide range of practice areas from estate planning to civil litigation, along with posts relating to the practice of law generally.

http://blog.ceb.com
  • Sep 19

    7 Facts Every Judge and Attorney Should Know When Domestic Violence Involves Strangulation

    7 Facts Every Judge and Attorney Should Know When Domestic Violence Involves Strangulation
    The following is a guest blog post by Hon. Alan Pendleton, Tenth Judicial District Court Judge in Anoka, Minnesota and Gael B. Strack, JD, CEO and Co-Founder of the Family Justice Center Alliance in San Diego. The arrests of Ravens…
  • Sep 17

    Ever Heard of Implied Hearsay?

    Ever Heard of Implied Hearsay?
    Most of us think about hearsay in connection with facts that are expressly stated. But an out-of-court statement that’s offered to prove the truth of the facts implied by the statement is also hearsay and inadmissible unless an…
  • Sep 15

    Turn Legalese into Plain English

    Turn Legalese into Plain English
    A contract shouldn’t require a Latin-English dictionary to understand it! In fact, there’s generally no reason to use Latin terms or formal legal language (legalese) at all. Use plain English to be sure the contracts and other…
Rank this Week: 1056

Juries

Juries

Discusses jury-related issues.

http://juries.typepad.com/juries/
  • Sep 19

    Juror's Internet Research Leads to New Trial for Death Row Inmate

    Juror's Internet Research Leads to New Trial for Death Row Inmate
    This is the second time that I have seen a death row conviction overturned because of a juror's improper use of the Internet. The first case, Dimas-Martinez v. Arkansas, involved a juror who could not stop tweeting about the trial....
  • Sep 19

    Juror's Internet Research Leads to New Trial for Death Row Inmate

    Juror's Internet Research Leads to New Trial for Death Row Inmate
    This is the second time that I have seen a death row conviction overturned because of a juror's improper use of the Internet. The first case, Dimas-Martinez v. Arkansas, involved a juror who could not stop tweeting about the trial....
  • Sep 18

    What is Life Worth?: New Law Review Article

    What is Life Worth?: New Law Review Article
    Ralph A. Peeples Catherine T. Harris Abstract (to read the entire article go here): This article examines the amount recovered in 118 wrongful death cases filed in a single jurisdiction (North Carolina) over a five year period. The dataset…
Rank this Week: 835

Blawgletter

Blawgletter

Offers business trial law with a sense of humor. By Barry Barnett.

http://blawgletter.typepad.com/bbarnett/
  • Sep 19

    Ambiguity It Created May Save Goldman Sachs Millions in Legal Fees; "Vice President" Doesn't Count as "Officer"?

    Ambiguity It Created May Save Goldman Sachs Millions in Legal Fees; "Vice President" Doesn't Count as "Officer"?
    Murky bylaws May a Delaware firm whose bylaws promise to pay the legal bills of a group of people -- all of its "officers" -- avoid paying on the ground that it failed to make clear who belonged in the...
  • Sep 17

    Federal Circuit Tosses $368 Million Patent Verdict Against Apple's FaceTime, Okays Nix on Citing Reexam

    Federal Circuit Tosses $368 Million Patent Verdict Against Apple's FaceTime, Okays Nix on Citing Reexam
    Measuring patent damages -- and excluding reexam evidence The Federal Circuit again tightened the criteria for setting damages awards in patent infringement cases. But, in a bit of good news for infringement plaintiffs, it lent further…
  • Sep 15

    The Big Flip

    The Big Flip
    Party flip in the federal courts Since the inauguration of Barack Obama in January 2009, eight U.S. courts of appeals have flipped parties, The New York Times reported. Now nine of the 13 federal appeals courts -- almost 70 percent...
Rank this Week: 721

eDiscovery Daily Blog

eDiscovery Daily Blog

Provides eDiscovery news, analysis and educational tips. By Trial Solutions.

http://www.ediscoverydaily.com/
Rank this Week: 582

The Conference Room--Answers to…

The Conference Room--Answers to Questions on N.C. Law

Comments on North Carolina civil litigation and laws. By Bradley A. Coxe.

http://nclawyer.typepad.com/north_carolina_civil_litg/
  • Sep 18

    Legalese

    Legalese
    I believe that at some time in the past, lawyers must have charged on a per word basis. It is the only explanation I have as to why attorneys use lengthy, old-fashioned and sometimes confusing jargon when talking and writing....
  • Aug 27

    Free Advice

    Free Advice
    I will occasionally get questions from friends, acquaintances, at a dial a lawyer day, or online at www.avvo.com, who want to know what they should settle for in a small to medium car wreck or personal injury. These casual, cocktail...
  • Aug 8

    Snakes on a Plaintiff

    Snakes on a Plaintiff
    English: American-Copperhead snake Agkistrodon contortrix (Photo credit: Wikipedia) I had a call today from a residential tenant with problem—She found a copperhead snake in her back yard. Now this being North Carolina, which happens to…
Rank this Week: 878

Business Litigation Info

Business Litigation Info

Covers business litigation, intellectual property, data security, and advertising and media. By Faruki Ireland & Cox P.L.L.

http://www.businesslitigationinfo.com/
Rank this Week: 1015

Class Action Blog

Class Action Blog

Covers class action litigation in the Southeast and class action arbitrations nationally. By Carlton Fields Jorden Burt.

http://www.cfjblaw.com/classactionblog/blog.aspx
Rank this Week: 648

New York Probate & Estate…

New York Probate & Estate Litigation Blog

Covers probate news, procedures and resources. By Philip M. Bernstein.

http://www.nyprobatelitigation.com/
  • Sep 15

    Not Everybody Needs A Trust

    Not Everybody Needs A Trust
    Every Spring, when the snowbirds have returned to New York, your lawblogger gets a rash of inquiries about trusts. Some folks are absolutely insistent but don't really have a good explanation for this. I usually ask at this point which…
  • Aug 23

    Power Of Attorney Not Always Easy To Use

    Power Of Attorney Not Always Easy To Use
    An article in today's New York Times sheds some interesting light on powers of attorney and their sometimes unforeseen drawbacks. Your lawblogger thinks it is well worth a look.
  • Aug 21

    Anna Nicole Smith Estate (Finally) Out Of Court

    Anna Nicole Smith Estate (Finally) Out Of Court
    The ABA Journal reports on the final failure of the Estate of Anna Nicole Smith to recover  hundreds of millions of dollars from the estate of her late husband J. Howard Marshall. Marshall, a Texas oil billionaire died at 89, a year…
Rank this Week: 1089

New York Business Litigation…

New York Business Litigation Lawyer Blog

Covers litigation, foreclosures, and business law. By The Silber Law Firm LLC.

http://www.thesilberlawfirm.com/
  • Sep 15

    Protective Order Renders Commercial Contract Impossible to Perform

    Protective Order Renders Commercial Contract Impossible to Perform
    Plaintiff Kolodin is a singer who lived with her agent, defendant Valenti. Despite the deterioration of their relationship the parties maintained a professional arrangement and Kolodin continued to sign with Valenti and his company,…
  • Aug 25

    Board Member's Vote for Disputed Conduct Not Deemed Bias for Demand in Derivative Action

    Board Member's Vote for Disputed Conduct Not Deemed Bias for Demand in Derivative Action
    Often, litigation involving a corporation will be framed as a derivative action meaning, that the shareholder that is suing is doing so on behalf of the corporation but not individually. A prerequisite for a derivative action is the suing…
  • Aug 18

    Court Finds the Word "Control" to Be Ambiguous and Affirms $17.2 Million Malpractice Award

    Court Finds the Word "Control" to Be Ambiguous and Affirms $17.2 Million Malpractice Award
    In interpreting deal documents, an issue arose as to the definition of the word "control" when used in an attempt to obtain "control" over a board of directors. For that reason, and others, the law firm that drafted those documents was found…
Rank this Week: 1059

Workplace Class Action Blog

Workplace Class Action Blog

Covers class action litigation issues, including class certification, discovery and defense strategies. By Seyfarth Shaw LLP.

http://www.workplaceclassaction.com/
Rank this Week: 761

Ringler Radio - Legal Settlements

Ringler Radio - Legal Settlements

Internet radio show / Podcast hosted by the leaders in structured settlements. From Ringler Associates and the Law Talk Network.

http://legaltalknetwork.com/podcasts/ringler-radio
  • Sep 7

    Attorney Fees and Deferred Taxation

    Attorney Fees and Deferred Taxation
    How does an independent assignment company work in your favor when it comes to attorney fees?  And can attorneys structure their fees after a settlement agreement has been concluded?  Join Ringler Radio host, Larry Cohen and…
  • Aug 25

    2014 NSSTA Study on Structure

    2014 NSSTA Study on Structure
    In 2014, the National Structured Settlements Trade Association (NSSTA) commissioned CLM Advisors to conduct a study, where the focus was on how senior claims executives perceive the value of structured settlements and the value that…
  • Aug 10

    Spotlight on The City Bar

    Spotlight on The City Bar
    Founded in 1870 in response to a growing public concern over corruption in the justice system in New York City, the New York City Bar Association, also known as the City Bar, is a voluntary association of lawyers and law students.   On…
Rank this Week: 749

Law Rules

Law Rules

Covers dispute resolution and civil litigation. By Michael A. Pollack.

http://lawrules.squarespace.com/journal/
  • Aug 18

    When is Mediation not Mediation?

    When is Mediation not Mediation?
    Last week, the Milwaukee Journal Sentinel ran an article about the Wisconsin Medical Malpractice Mediation Panels (MMP), with the headline “Medical Mediation Rarely Provides Closure”. The only problem with the article and the…
  • Jan 21

    How does a mediator spell success?

    How does a mediator spell success?
    Like many mediators, I am often asked how many of my cases result in a settlement, as opposed to impasse. The question implies that a successful mediation results in a full settlement of all issues, and that anything less is an impasse,…
  • Dec 9

    Practice!

    Practice!
    An old joke relates the story of a tourist in New York City who asks someone on the street how he can get to Carnegie Hall. The native New Yorker responds “Practice!” The same can be said for negotiating. Whether you are using a…
Rank this Week: 832

Johnson & Hunter, Inc.

Johnson & Hunter, Inc.

Teaches advocacy and persuasion for trial lawyers and public speaking to corporate lawyers.

http://www.johnson-hunter.com/blog/
  • Jul 18

    Public Speaking or Reading Out Loud? Kenneth Feinberg, Michael Millikin, and Mary Barra, on the Hot Seat

    Public Speaking or Reading Out Loud? Kenneth Feinberg, Michael Millikin, and Mary Barra, on the Hot Seat
    by Marsha Hunter Who spoke persuasively at yesterday’s Senate hearings on the GM ignition switch scandal? There were plenty of lawyers in the room and on the hot seat, so you’d think the level of public speaking would be…
  • Jun 19

    Handwriting, Memory, and Horizontal Note

    Handwriting, Memory, and Horizontal Note
    by Brian K. Johnson Last fall Scientific American MIND magazine featured an article about handwriting and memory.It got me thinking about the value of carefully creating notes for public speaking with pen and paper “Minds encode the…
  • Jun 12

    The Music of Your Voice: Walking Down the Step

    The Music of Your Voice: Walking Down the Step
    by Brian K. Johnson “May it please the court?” Is it a question? Or is it a statement? “May it please the court.” Legal writing guru Brian Garner offered a helpful historical analysis of this introductory utterance in…
Rank this Week: 752

Federal Criminal Lawyer Blog

Federal Criminal Lawyer Blog

Covers legal topics such as appeals, drug crimes, internet crimes, white collar crime, and federal criminal trials. By Kish & Lietz.

http://www.georgiafederalcriminallawyerblog.com/
Rank this Week: 932

Circuit Splits

Circuit Splits

Covers divisions between circuit courts. By Nicholas J. Wagoner.

http://www.circuitsplits.com/
  • Jun 6

    Parallel Review and Identifying Circuit Split

    Parallel Review and Identifying Circuit Split
    This post is part of a series exploring the ideas in an important new article by Professor Aaron-Andrew Bruhl (Univ. Houston), entitled Measuring Circuit Splits: A Cautionary Note. One important concept Bruhl explains is that of parallel…
  • Jun 6

    New Must-Read Article: Measuring Circuit Splits (Aaron-Andrew Bruhl)

    New Must-Read Article: Measuring Circuit Splits (Aaron-Andrew Bruhl)
    Aaron-Andrew Bruhl (pictured), a professor at University of Houston Law Center, has an important new article on SSRN entitled Measuring Circuit Splits: A Cautionary Note. This article is, simply put, brilliant. It changed the way that I think…
  • May 13

    How NOT To Argue That A Court Should Avoid Creating A Circuit Split

    How NOT To Argue That A Court Should Avoid Creating A Circuit Split
    Sometimes appellate advocates argue that the circuit court panel in their case should align with the decisions of one or two other circuits in order to avoid creating a circuit split. In one recent case, the lawyer stretched the argument too…
Rank this Week: 1055

Lawsuit Reform Watch

Lawsuit Reform Watch

Covers civil justice reform issues in New Jersey. By the New Jersey Lawsuit Reform Alliance.

http://www.lawsuitreformwatch.org/
  • May 16

    NJCJI Now Blogging at Civiljusticenj.org

    NJCJI Now Blogging at Civiljusticenj.org
    For many years this website has hosted the blog of the New Jersey Civil Justice Institute, formerly the New Jersey Lawsuit Reform Alliance, but it is time for a change. From now on all NJCJI content will only be posted on the NJCJI website:…
  • May 1

    Top News Clips for the Week of April 26 - May 2

    Top News Clips for the Week of April 26 - May 2
    A selection of the need-to-know civil justice news for the week of April 26 - May 2. Woman Sues Live Nation After Seat Full of Splinters Julia Marsh | New York Post A woman got a rude surprise when she politely slid to the other side of a…
  • May 1

    NJCJI on Tour

    NJCJI on Tour
    Marcus, Alida, and Emily are hitting the road this summer in an effort to spread the word about the need for civil justice reform in New Jersey! If your organization would like a briefing on legal reform, or an update on pending court cases…
Rank this Week: 1044