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eDiscovery Daily Blog

eDiscovery Daily Blog

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

http://www.ediscoverydaily.com/
Rank this Week: 909

Federal Civil Practice Bulletin

Federal Civil Practice Bulletin

Covers federal civil practice and procedure. By Washington & Lee University School of Law, Professor A. Benjamin Spencer.

http://federalcivilpracticebulletin.blogspot.com/
Rank this Week: 906

Greedy Trial Lawyer

Greedy Trial Lawyer

The philosophical ruminations of an experienced trial lawyer who knows who he is and what he does and makes no apologies.

http://www.greedytriallawyer.com/
  • Sep 22

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  • Oct 3

    Justice Clarence Thomas, Seething Black Conservative Hero Tells Us How Bad It Has Been

    Justice Clarence Thomas, Seething Black Conservative Hero Tells Us How Bad It Has Been
    There have been more than a few voices expressing, in various ways, discomfort, surprise or puzzlement over the tone and substance of the Clarence Thomas media blitz publicizing the Justice's newly published book. A good example: Is…
  • Oct 2

    Now Isiah Thomas Is In A Hostile Environment

    Now Isiah Thomas Is In A Hostile Environment
    Some years ago I had the delightful experience of a jury note after 2 days of deliberation which asked the judge, "Do we fill out the amount of the damages if we agree the doctor was at fault?" Obviously, the doctor and his defense attorney…
Rank this Week: 850

EvidenceProf Blog

EvidenceProf Blog

Edited by Colin Miller, Jeffrey Bellin and Ben Trachtenberg.

http://lawprofessors.typepad.com/evidenceprof/
Rank this Week: 1000

Electronic Discovery Law

Electronic Discovery Law

Covers legal issues, news and best practices relating to the discovery of electronically stored information. By K&L Gates.

http://www.ediscoverylaw.com/
Rank this Week: 922

Federal Evidence Review Blog

Federal Evidence Review Blog

Covers cases and issues on the Federal Rules of Evidence.

http://federalevidence.com/blog
  • Aug 22

    Circuit Split: Whether Denial Of A Severance Motion Preserves A Later Bruton Challenge?

    Circuit Split: Whether Denial Of A Severance Motion Preserves A Later Bruton Challenge?
    Circuits Map.gif When a party moves to sever a case with other criminal defendants based on concerns under Bruton v. United States, does the severance motion preserve a later Bruton challenge on appeal when the statements…
  • Aug 18

    Barring Exculpatory Party Statement

    Barring Exculpatory Party Statement
    SixthCircuit.Courthouse.jpg Sixth Circuit reviews defense effort to admit the defendant's exculpatory statements during cross-examination of a special agent and concludes the statements were properly excluded as hearsay;…
  • Aug 18

    Considering Gang Affiliation Evidence

    Considering Gang Affiliation Evidence
    SixthCircuitSeal.png Sixth Circuit considers the circumstances in which gang affiliation evidence may be admitted; based on the charges and facts, the circuit concludes that the evidence was admissible to "demonstrate[] the…
Rank this Week: 996

The 10b-5 Daily

The 10b-5 Daily

Covers securities class action litigation. By Lyle Roberts.

http://www.the10b-5daily.com/
  • Aug 21

    No Bright Line

    No Bright Line
    In its Morrison decision, the U.S. Supreme Court addressed the extraterritorial application of Section 10(b) and held that the statute only applies to "transactions in securities listed on our domestic exchanges, and domestic…
  • Aug 15

    Cornerstone Releases Midyear Report

    Cornerstone Releases Midyear Report
    Cornerstone Research (in conjunction with the Stanford Securities Class Action Clearinghouse) has released its 2014 midyear report on federal securities class action filings. The findings for the first half of 2014 include: (1) There were 78…
  • Jul 25

    Too Tangential

    Too Tangential
    In its recent Chadbourne decision, the U.S. Supreme Court held that to be "in connection with" the purchase or sale of a security, an alleged securities fraud must involve "victims who took, who tried to take, who divested…
Rank this Week: 935

Texas Appellate Law Blog

Texas Appellate Law Blog

Features civil appellate practice tips, resources, and news. By D. Todd Smith.

http://www.texasappellatelawblog.com/
  • Aug 6

    Justice Moseley’s Departure Creates Unusual Election Scenario

    Justice Moseley’s Departure Creates Unusual Election Scenario
    In early June, Fifth Court of Appeals Justice Jim Moseley (pictured) announced that he would be leaving the Court this month. He has since decided to join Gray, Reed & McGraw, where he will chair the firm’s appellate section. I have…
  • Jun 24

    What Notice Is Required When a Summary-Judgment Hearing Is Re-set?

    What Notice Is Required When a Summary-Judgment Hearing Is Re-set?
    Texas litigators are generally familiar with the TRCP 166a requirement that a motion for summary judgment be served at least 21 days before the date specified for a hearing. But what notice is required when the hearing does not go forward on…
  • Jun 18

    Registration Open for 28th Annual Advanced Civil Appellate Practice Course

    Registration Open for 28th Annual Advanced Civil Appellate Practice Course
    The State Bar Appellate Section and Texas Bar CLE are co-sponsoring the 28th Annual Advanced Civil Appellate Practice Course, which will take place September 4-5, 2014 here in Austin.  Related events are the popular…
Rank this Week: 958

Texas Causes of Action Blawg

Texas Causes of Action Blawg

Features caselaw updates and cites on causes of actions and affirmative defenses culled from Texas appeals court opinions. By Wolfgang Demino.

http://causeofactionelements.blogspot.com/
  • Jul 8

    Federal civil rights violations and statute of limitation

    Federal civil rights violations and statute of limitation
    What is the limitations period for Section 1983 and 1985 claims?  "Although there is no federal statute of limitations for civil rights violations alleged under [section] 1983, `courts construing [section] 1983 "borrow" the forum state's…
  • May 2

    Prevailing party status for attorney fee award purpose

    Prevailing party status for attorney fee award purpose
    WHEN IS A PARTY A PREVAILING PARTY SO AS TO BE ENTITLED TO HAVE THE OPPONENT PAY HIS OR HER ATTORNEY'S FEES UNDER STATUTE OR CONTRACT?  Under the American Rule, attorney's fees are recoverable only if authorized by statute or by…
  • May 1

    Rule 11 Agreement must be in writing and filed with the court

    Rule 11 Agreement must be in writing and filed with the court
    WHAT REQUIREMENTS DOES RULE 11 AGREEMENT HAVE TO SATISFY TO BE ENFORCEABLE? A Rule 11 agreement must be in writing and signed and filed with the court unless it is made in open court. See TEX.R.CIV.P. 11. The filing requirement creates the…
Rank this Week: 1088

The Illinois Trial Practice Weblog

The Illinois Trial Practice Weblog

Offers tips and techniques for trials lawyers. By Evan Schaeffer.

http://www.illinoistrialpractice.com/
  • Jun 19

    From the Archives: Self-Editing Tips for Legal Writer

    From the Archives: Self-Editing Tips for Legal Writer
    When you're close to a final draft, use this self-editing checklist to add a bit of polish--or give it to your assistant to do the same. Are the headings correctly numbered? Are acronyms explained? Are the parties referred to in...
  • Apr 7

    Legal Writing: Bookmark This Site

    Legal Writing: Bookmark This Site
    Raymond Ward's blog, the (new) legal writer, is billed as "a collection of resources for lawyers and other writers." And that's exactly what it is--you can always find a useful link. Ward's latest post, "The Redbook (3d ed.)," concludes…
  • Mar 26

    The Cost of Medical Records: Are You Getting Scammed?

    The Cost of Medical Records: Are You Getting Scammed?
    Here's a great post from Max Kennerly at Litigation & Trial: "Defeating The Medical Records Paper Copy Scam." If you want to find out whether doctors and hospitals are overcharging you for your client's medical records--and they probably…
Rank this Week: 918

EDiscoveryMap

EDiscoveryMap

Covers cross-border ediscovery issues. By Monique Altheim.

http://ediscoverymap.com
  • Apr 30

    Top Monthly Privacy and Data Protection New

    Top Monthly Privacy and Data Protection New
    by Monique Altheim on April 30, 2014 This past month saw another batch of large data breaches, with “Heartbleed” considered by some the largest data security breach in the history of the internet; a flurry of legislative efforts…
  • Feb 23

    Top Monthly Privacy and Data Protection Storie

    Top Monthly Privacy and Data Protection Storie
    by Monique Altheim on February 23, 2014     Conferences  Powerpoint presentation of the closing plenary session on privacy @legaltechNY “Ripped from the Headlines: Cautionary Tales from the Annals of Data…
  • Feb 22

    Destruction of Private Data: Pushing the “Delete” Button is Not Enough

    Destruction of Private Data: Pushing the “Delete” Button is Not Enough
    A study commissioned in Australia by the National Association for Information Destruction (NAID), published on Feb.19, has found significant amounts of sensitive personal information left on recycled computers. The researchers purchased…
Rank this Week: 1035

Construction Litigation Law Blog

Construction Litigation Law Blog

Covers cmmunity associations, EIFS, construction litigation and construction news. By the Construction Litigation Group of Stark & Stark.

http://blog.njeifs.com/
Rank this Week: 1065

Litigation Consulting Report

Litigation Consulting Report

Covers trial presentation theory, trial graphics designs, trial technician recommendations and jury research methodologies. By A2L Consulting.

http://www.a2lc.com/blog/
  • Aug 27

    7 Reasons Litigation Graphics Consultants are Essential Even When Clients Have In-House Expertise

    7 Reasons Litigation Graphics Consultants are Essential Even When Clients Have In-House Expertise
      by Ken LopezFounder/CEOA2L Consulting I frequently encounter trial teams that say things like: "My client has some graphics capabilities in-house." "Our client is a top expert in the field, so they want to explain the technology to the…
  • Aug 26

    Storytelling Proven to be Scientifically More Persuasive

    Storytelling Proven to be Scientifically More Persuasive
    by Ryan H. Flax, Esq.Managing Director, Litigation ConsultingA2L Consulting In my last post, I discussed how important it is for every litigator to tell a story, because jurors will always frame the facts of a trial in the form of a story. As…
  • Aug 21

    Storytelling at Trial - Will Your Story Be Used?

    Storytelling at Trial - Will Your Story Be Used?
      by Ryan H. Flax, Esq.Managing Director, Litigation ConsultingA2L Consulting In my last post, I discussed the importance of every trial lawyer of developing a two-track procedure in every trial – one track that focuses on…
Rank this Week: 1246

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/
  • 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…
  • Aug 12

    Important--Required--Reading for Employers and Employee

    Important--Required--Reading for Employers and Employee
    We have written and counseled on an employer's right to access an employee's personal email account from a work computer. Here is an article that goes beyond email, to an employer's ability to access an employee's social media account, for a…
Rank this Week: 1182

The Appellate Gourmet (c)

The Appellate Gourmet (c)

Covers the many flavors of appellate issues and law. By Dorothy Easley.

http://appellategourmetappealsinflorida.blogspot.com/
Rank this Week: 1360

California Business Litigation…

California Business Litigation Blog

Covers a wide range of business litigation issues in the Southern California area. By Sylvester, Oppenheim, & Linde.

http://www.californiabusinesslitigation.com/
  • Aug 20

    Whistleblowing Teacher Sues School District

    Whistleblowing Teacher Sues School District
    The Fremont (Michigan) Public Schools District is the subject of a new lawsuit. Fremont High School teacher Scott Herlein filed it after being terminated. Herlein maintains that the district violated his First Amendment rights and his rights…
  • Aug 14

    Pennsylvania Teacher's Free Speech Lawsuit Won't Go to Trial

    Pennsylvania Teacher's Free Speech Lawsuit Won't Go to Trial
    As various social media formats and blogs continue to evolve, the definition of free speech may also evolve. That seems to be the case with a former Bucks County, Pennsylvania English teacher who sued her former employer. The situation began…
  • Aug 8

    California Lawsuit Contends that Students Don't Get Enough PE

    California Lawsuit Contends that Students Don't Get Enough PE
    An enigmatic organization called Cal200 has come forward with a lawsuit that charges more than three dozen school districts with providing inadequate time for physical education. Los Angeles Unified, Riverside Unified, San Francisco Unified…
Rank this Week: 1153

Dispute Resolution in Germany

Dispute Resolution in Germany

Covers litigation, arbitration and mediation in Germany. By Peter Bert.

http://www.disputeresolutiongermany.com/
Rank this Week: 1149

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: 1318

Illinois Appellate Lawyer Blog

Illinois Appellate Lawyer Blog

Covers the appellate record, constitutional analysis, jurisdiction, mootness, rehearings and the standard of review. By Steven R. Merican.

http://www.illinoisappellatelawyerblog.com/
  • Apr 24

    What's the problem now, illinoisappellatelawyerblog.com?

    What's the problem now, illinoisappellatelawyerblog.com?
    “Hey, c’mon Sr. illinoisappellatelawyerblog.com. Two months between postings? How do you expect to keep your readers? We’re writing briefs. We need all this stuff you write about. Nobody else does it, at least not like you.…
  • Apr 24

    Insurer’s Arguments First Raised On Reconsideration Forfeited For Appeal

    Insurer’s Arguments First Raised On Reconsideration Forfeited For Appeal
    General contractor Kiferbaum Construction was sued by a subcontractor’s employee who was injured at the work site. Kiferbaum was represented by Jacobson & Riseborough. Kiferbaum got excess insurance from Evanston Insurance.…
  • Feb 23

    Aldermen’s Appeal Of Victorious Referendum Moot

    Aldermen’s Appeal Of Victorious Referendum Moot
    More than 58 percent of the voters in Country Club Hills, Illinois passed a referendum that reduced the number of city aldermen from 10 to five. About three weeks later, a group of unhappy aldermen sued the county clerk. They asked the trial…
Rank this Week: 1209

Class Action Defense Blog

Class Action Defense Blog

Covers CAFA, class certification, employment law, FCRA, FDCPA and multidistrict litigation. By Michael Hassen of Jeffer Mangels Butler & Mitchell LLP.

http://classactiondefense.jmbm.com/
Rank this Week: 1189

352nd District Court

352nd District Court

Features summaries of interesting and notable cases from the 352nd District Court of Texas. By Judge Bonnie Sudderth.

http://352nddistrictcourt.wordpress.com/
  • Feb 25

    2008 – The Tragic Mother and Child Reunion

    2008 – The Tragic Mother and Child Reunion
    The plaintiff’s attorney began the Original Petition for his client with this succinct statement: ”This is a case of great sadness, high emotion and the need for precise and immediate action by the Court.” 
  • Dec 11

    2011 – Death and Taxes … and Chicken

    2011 – Death and Taxes … and Chicken
    The sole issue in this case was at what point in the life of a chicken does the chicken lose its tax-exempt status as poultry? When this lawsuit was filed in 2011, Pilgrim’s Pride was the second-largest chicken producer in the world.  A…
  • Nov 20

    1998 – The God Pod

    1998 – The God Pod
    Two former Tarrant County jail inmates and a college professor filed suit in the 352nd District Court against Tarrant County and the Tarrant County Sheriff for operating a particular jail “pod” designated as the CEU (Chaplain’s…
Rank this Week: 1248

Wines and Information Management…

Wines and Information Management (WIM)

In-house counsel blawg on e-disovery, the impact of IT on the law and vice versa, information/knowledge management and wines. By Dominic Jaar.

http://dominicjaar.blogspot.com/
Rank this Week: 1346

South Carolina Appellate Law Blog

South Carolina Appellate Law Blog

Follows the opinions of the South Carolina appellate courts, the Fourth Circuit, and the United States Supreme Court. By Womble Carlyle.

http://southcarolinaappellatelaw.blogspot.com/
  • Dec 13

    Closing Out

    Closing Out
    Well, I have left private practice and have taken a job with the US Attorney's Office. In light of my career change, this blog is shutting down. Thanks to everyone who dropped by for the latest SC legal news. Merry Christmas.
  • Dec 1

    Constitutional issues with Clinton appointment???

    Constitutional issues with Clinton appointment???
    "No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States which shall have been created, or the Emoluments whereof shall have been increased during…
  • Nov 19

    Billy Wilkins' return to the courtroom as a lawyer meets with succe

    Billy Wilkins' return to the courtroom as a lawyer meets with succe
    From the Greenville News:William W. “Billy” Wilkins successfully argued against a motion in a shareholder suit against South Financial that asked for a temporary restraining order barring retirement payments to retired CEO Mack Whittle as…
Rank this Week: 1203

Juries

Juries

Examines interesting and new developments regarding grand juries and trial juries. By Thaddeus Hoffmeister.

http://juries.blogspot.com/
  • Aug 29

    Deputy Allegedly Criticizes Jurors for Verdict

    Deputy Allegedly Criticizes Jurors for Verdict
    First it was judges then attorneys and now apparently even courtroom deputies feel the need to criticize jurors for their verdicts. Minneapolis Star Tribune: Deputy's scolding of jury sparks investigation in Hennepin Co.
  • Aug 28

    Latest Edition of the Jury Expert

    Latest Edition of the Jury Expert
    Here is a list and brief description of the articles in the latest edition of the Jury Expert which is published by the American Society of Trial Consultants.Demographic Roulette: What Was Once a Bad Idea Has Gotten WorseAuthored by Doug…
  • Aug 27

    Unbundling Criminal Trial Right

    Unbundling Criminal Trial Right
    John RappaportAbstract:     The notion that criminal defendants are put to an all-or-nothing choice between the guilty plea and full-blown jury trial is both pervasive and wrong. Defendants can, and sometimes do,…
Rank this Week: 1428

Lawsuit Finance Blog

Lawsuit Finance Blog

Covers lawsuit funding. By Lawsuit Financial Corp.

http://www.lawsuitfinanceblog.com/
  • Aug 26

    Why Applicants May Be Denied Lawsuit Funding

    Why Applicants May Be Denied Lawsuit Funding
    The concept of lawsuit funding was created to provide relief to pending litigants who, through no fault of their own, need immediate cash but do not qualify for traditional loan products. For some, these emergency funds make the difference…
  • Aug 26

    Lawsuit Funding: When a Wrongful Death Causes Substantial Unexpected Financial Problems for Family Member

    Lawsuit Funding: When a Wrongful Death Causes Substantial Unexpected Financial Problems for Family Member
    The family of a 23-year-old woman may have the right to file a lawsuit for the wrongful death of their loved one after a fatal auto accident on the 405 freeway in San Diego. According to police, the woman was killed when the driver of a…
  • Aug 25

    Pre-Settlement Funding: A Simple Process That Could Save You Financially

    Pre-Settlement Funding: A Simple Process That Could Save You Financially
    Settling your personal injury lawsuit can take a long time. What happens when you are unable to work and the bills continue to pile up; when you are facing foreclosure or repossession of your car? Faced with no other option to pay the bills,…
Rank this Week: 1494

Nextpoint's Legal Technology Blog

Nextpoint's Legal Technology Blog

Covers eDiscovery, social media archiving, and trial presentation solutions.

http://www.nextpoint.com/blog/
  • Aug 25

    Litigation Service Summer Camp: Get Nextpoint’s eDiscovery Webinar Series Online

    Litigation Service Summer Camp: Get Nextpoint’s eDiscovery Webinar Series Online
    Nextpoint’s entire, 3-Part Summer Camp Webinar Series is now available for viewing online at nextpoint.com. Watch them at your leisure, and share with your colleagues and friends. Part 1: eDiscovery Collections…
  • Aug 20

    Lawyers Getting Paid: Better Legal Billing Practice

    Lawyers Getting Paid: Better Legal Billing Practice
    Your clients do not order legal service a la carte. They can’t order one deposition, two filings, and a side of legal research. They are paying to have their disputes resolved. That said, clients want to limit the ultimate cost of any…
  • Aug 12

    Faster Document Review: Introducing Review Folder

    Faster Document Review: Introducing Review Folder
    Document review for litigation can be tedious slog. At Nextpoint, our goal has always been to help legal teams do it more quickly and efficiently. Longtime users will notice some enhancements to the Review tab in Nextpoint. It’s all…
Rank this Week: 1459

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: 1511

Legal Costs Blog

Legal Costs Blog

Covers English legal costs law. By Gibbs Wyatt Stone.

http://www.gwslaw.co.uk/blog/
  • Aug 12

    Is Noise Induced Hearing Loss (NIHL) a disease?

    Is Noise Induced Hearing Loss (NIHL) a disease?
    Fixed success fees have been in place for “disease” claims since 1 October 2005. It is therefore surprising that it was not until 2012 that any serious consideration was given as to which claims fell within the scope of the fixed…
  • Aug 10

    Guideline Hourly Rates Guidance

    Guideline Hourly Rates Guidance
    Despite the disappointment that no new Guideline Hourly Rates have been published, the recent review has finally killed off the argument that Guideline Hourly Rates are of no relevance to detailed assessment and are designed purely for…
  • Aug 4

    Grade B Costs Lawyer

    Grade B Costs Lawyer
    A further interesting issue arises as to Costs Lawyers being potentially classified as Grade B fee earners (from October 2014). This is as a result of the wording used by Lord Dyson and in the original report recommendation. To achieve Grade…
Rank this Week: 1565

Insurance Defense Blog

Insurance Defense Blog

Covers civil litigation and insurance defense in Washington, D.C. By David Stratton.

http://www.insurancedefenseblog.us/
  • Aug 10

    Plaintiffs in DC cell phone litigation avoid knockout punch, for now

    Plaintiffs in DC cell phone litigation avoid knockout punch, for now
    "Can cell phones cause brain cancer?" With that question, which he did not answer, Judge Weisberg of the Superior Court for the District of Columbia began a 76-page discourse on the admissibility of the testimony of eight…
  • Aug 9

    Judicial estoppel based on bankruptcy filing affirmed in the District of Columbia

    Judicial estoppel based on bankruptcy filing affirmed in the District of Columbia
    I had previously written about judicial estoppel and lack of standing defenses that could arise from a plaintiff's prior bankruptcy filing. There is a recent decision in the District of Columbia in which judicial estoppel barred a plaintiff's…
  • Mar 2

    Maryland federal court decision on broker's failure to procure insurance

    Maryland federal court decision on broker's failure to procure insurance
    In a recent case, a homeowner brought suit in Maryland federal court against her insurance broker for negligence, breach of fiduciary duty, negligent misrepresentation, intentional misrepresentation, and fraud, after her house sustained fire…
Rank this Week: 1758

Koehlerlegal

Koehlerlegal

Discusses current cases and issues in the law. By Kurt T. Koehler.

http://www.koehlerlegal.blogspot.com/
  • Jul 31

    California Probate Law - LA Clippers Sale Trial

    California Probate Law - LA Clippers Sale Trial
    A few days ago a California probate court ruled in the Donald Sterling/Shelly Sterling trust dispute concerning the pending sale of the Los Angeles Clippers to Steve Balmer (Former Microsoft CEO) for $2 Billion.  The pending…
  • Jun 30

    Catching Up

    Catching Up
    A few months ago I wrote about software patents before the Supreme Court.  Instead of issuing a broad ruling the Court merely decided that adding a computer to an abstract idea would not be enough to make it patentable.  Abstract…
  • Apr 5

    Lectures in History: Andrew Johnson & the 14th Amendment | C-SPAN

    Lectures in History: Andrew Johnson & the 14th Amendment | C-SPAN
    This is an excellent historical perspective on the 14th Amendment to the U.S .Constitution. Professor Ross describes it as Congress' peace treaty to the South. That is quite accurate. He also notes that it only came about because of a…
Rank this Week: 1515

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: 1727

Oregon Business Litigation

Oregon Business Litigation

Resource for in-house counsel, business executives, human resource managers and others who monitor litigation and legal issues affecting Oregon businesses. By Ater Wynne.

http://www.aterwynneblog.com/oregon_business_litigatio/
  • Jun 6

    Oregon Supreme Court recognizes law firm "in house" privilege

    Oregon Supreme Court recognizes law firm "in house" privilege
    The Oregon Supreme Court held last week that the attorney-client privilege applies to communications between a law firm's lawyers and the firm's in-house counsel. In Crimson Trace Corp. v. Davis Wright Tremaine LLP, plaintiff sued its lawyers…
  • May 27

    Angencies continue to attack restrictions on employee speech: Part 3 -- Lessons for employer

    Angencies continue to attack restrictions on employee speech: Part 3 -- Lessons for employer
    As discussed in our earlier posts (Part 1 and Part 2), the EEOC and NLRB have in recent years targeted employers who impose restrictions on employee speech and conduct that could chill employees' exercise of their rights under the NLRA...
  • May 25

    Agencies continue to attack restrictions on employee speech: Part 2 -- NLRB

    Agencies continue to attack restrictions on employee speech: Part 2 -- NLRB
    The EEOC’s recent lawsuits against employers described in Part 1 follow the NLRB’s similar attempts in recent years to rein in employer restrictions that could impact employee speech and other employment rights under federal labor…
Rank this Week: 1525

e-discovery 2.0

e-discovery 2.0

Covers electronic discovery. By Aaref Hilaly.

http://www.clearwellsystems.com/e-discovery-blog
  • Jun 4

    e-discovery 2.0 is moving

    e-discovery 2.0 is moving
    Dear Friends – The time has finally come for eDiscovery 2.0 to relocate to the Symantec eDiscovery Blog. We are excited to continue our long tradition of providing unbiased perspectives regarding cutting-edge eDiscovery and information…
  • Apr 25

    Preventing Data Breaches – Tips from the FTC on Fraud, Deception and Consumer Privacy

    Preventing Data Breaches – Tips from the FTC on Fraud, Deception and Consumer Privacy
      2013 was a rough year for organizations struggling to secure their data. According to the recently published Internet Security Threat Report       (ISTR),breaches increased 62% in 2013 and over 552 million…
  • Dec 20

    In Re: Biomet Order Addresses Hot Button Predictive Coding Issue

    In Re: Biomet Order Addresses Hot Button Predictive Coding Issue
    United States District Court Judge for the Northern District of Indiana, Ronald J. Miller, recently addressed what has arguably become the hottest predictive coding issue since Judge Andrew J. Peck’s February 2012 order in Da Silva…
Rank this Week: 1420

The Art of Advocacy

The Art of Advocacy

Covers courtroom techniques, topics include, depositions, direct examination, historic trials, professional growth, and training opportunities. By Paul Mark Sandler.

http://www.attorneyadvocacy.com/
  • May 6

    Would Wyatt Earp have been indicted today?

    Would Wyatt Earp have been indicted today?
    More than 120 years ago, the coroner’s inquest into “Wild West” lawman Wyatt Earp ended with no criminal charges filed. Earp walked away scot free in the infamous O.K. Corral gunfight that only lasted 30 seconds, but is…
  • Apr 22

    Tears on the stand in Pistorius trial: Provoking sympathy or skepticism?

    Tears on the stand in Pistorius trial: Provoking sympathy or skepticism?
    Over the weekend, Sarah Lyall of the New York Times posted an interesting story on the Oscar Pistorius murder trial in Pretoria. It seems the famous South African runner with prosthetic legs has been something of a basket case while…
  • Apr 4

    "Anatomy of a Trial, Second Edition" focuses on the value of rhetoric

    "Anatomy of a Trial, Second Edition" focuses on the value of rhetoric
    I have always believed that persuasion is an art form and that trial lawyers who master it will find themselves on the winning end of many of the cases they bring to trial. Rhetoric is the art of selecting how to persuade others to your side.…
Rank this Week: 1388

Jeff Vail

Jeff Vail

Covers litigation checklists, litigation knowledge management, strategy, and the future of litigation.

http://www.jeffvail.net/
  • Feb 6

    Colorado Litigation Report

    Colorado Litigation Report
    Take a look at the Colorado Litigation Report, a site with very useful, short summaries of Colorado appellate opinions (best of all, published on a very regular basis, unlike this blog of late...  but soon to change).
  • Jul 19

    The Oil Drum

    The Oil Drum
    Sadly, one of my favorite websites (and a website where I was previously a contributing author), www.theoildrum.com, is shutting down (actually converting to an archive, there will just be no new content).  There are a variety of reasons…
  • Dec 27

    Preserving ESI on Twitter

    Preserving ESI on Twitter
    Once litigation is “reasonably anticipated,” parties have an obligation to preserve all potentially relevant material.  That obligation extends to information reasonably under a party’s control, even if it is not…
Rank this Week: 1393

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: 1563

Beyond the Underground

Beyond the Underground

Covers legal news, politics, and whimsy. By Evan Schaeffer.

http://www.legalunderground.com
  • Nov 28

    MEANWHILE IN AUSTIN'S

    MEANWHILE IN AUSTIN'S
    MEANWHILE, IN AUSTIN'S STUDIO IN KANSAS CITY . . . Here's a shot of the inside of Austin's studio in Kansas City, with scattered self-portraits in oil done for a recent assignment--
  • Nov 28

    SELECTIONS FROM MY

    SELECTIONS FROM MY
    SELECTIONS FROM MY SKETCHBOOK . . . I haven't posted much "artwork" lately, though I'm still in the thrall of a drawing compulsion, which began when conversations about art with my son Austin (of the trip to Costa Rica),…
  • Nov 27

    TYPES OF LAWYERS

    TYPES OF LAWYERS
    TYPES OF LAWYERS #8: THE PARTNER WHO GOLFS . . . Shhh! The partner-who-golfs is teeing off, and he never likes it when you chuckle during his backswing. So you don't. Instead, you stand quietly as he adjusts his unorthodox stance,…
Rank this Week: 1465

Northern District of California…

Northern District of California Blog

Covers court orders in primarily civil cases from the U.S. District Court for the Northern District of California. By Michael O'Brien.

http://www.ndcalblog.com/
  • Oct 7

    Question 5 - The Angry Decedent Strikes Again Will

    Question 5 - The Angry Decedent Strikes Again Will
    This question I would rate as a fastball.  There are a lot of issues to fly through, but they are the same issues tested in virtually every Wills question since 1980.  If you studied the California Probate Code (CPC) you probably did fine.…
  • Oct 7

    Question 3: Can I get a witness? (California Evidence) California Bar Exam

    Question 3: Can I get a witness? (California Evidence) California Bar Exam
    This is the first of three criminal questions on this test, the most in recent memory since criminal subjects are rarely tested compared to torts and constitutional law.  This question is probably to calibrate the testing group…
  • Oct 7

    Question Four: Who wants to be a Dental Hygienist (Contracts, Remedies)

    Question Four: Who wants to be a Dental Hygienist (Contracts, Remedies)
    Question Four is a pretty standard contracts and remedies question.  I score this one as a curveball because you have to untangle the contract mess in order to get to the remedies question.  I provided a pair of pretty good strategies for…
Rank this Week: 1777

Appellate Advocacy Blog

Appellate Advocacy Blog

Edited by David R. Cleveland, Kendall D. Isaac, Tonya Kowalski, Elizabeth Berenguer Megale and Randall L. Hodgkinson.

http://lawprofessors.typepad.com/appellate_advocacy/
  • Aug 29

    Opening Lines and Judicial Opinion Writing

    Opening Lines and Judicial Opinion Writing
    Michael Doyle, McLatchy Washington Bureau, has a brief blog post today comparing the opening lines of these D.C. Circuit opinions issued today. He juxtaposes two fact-oriented openings, one that makes terrific use of short, declarative…
  • Aug 27

    Courtroom Decorum in Baskin v. Bogan

    Courtroom Decorum in Baskin v. Bogan
    Yesterday the 7th Circuit heard argument in Baskin v. Bogan, a case involving Indiana’s same-sex marriage ban. These arguments provide some noteworthy lessons in decorum. Appellant’s counsel began his argument by articulating a precise…
  • Aug 24

    Goldstein's Latest Amicus Brief

    Goldstein's Latest Amicus Brief
    Last week, Tony Mauro had an article in the National Law Journal discussing the latest amicus brief filed by Goldstein & Russell's Thomas Goldstein. As Mauro pointed out, what makes this particular amicus brief potentially noteworthy is…
Rank this Week: 2204

Defense Litigation Insider

Defense Litigation Insider

Covers complex litigation issues. By Cooley Manion Jones.

http://www.defenselitigationinsider.com
  • Aug 29

    Significant Asbestos “Take-Home Exposure” Opinion

    Significant Asbestos “Take-Home Exposure” Opinion
    Amaryah K. Bocchino -Persuasive precedent likely as PA judge holds employer/premises owner does not owe duty to warn  On August 28, 2014, the Honorable Judge Eduardo C. Robreno, in the Multi-District Litigation for asbestos in the…
  • Aug 18

    What’s in a name? That which we call a rose by any other name would smell as sweet;

    What’s in a name? That which we call a rose by any other name would smell as sweet;
    Jonathan F. TabaskyPlaintiffs, when faced with a legal bar to traditional negligence claims, frequently try to cloak them in new theories of liability. This tactic is reminiscent of dialogue in William Shakespeare’s play Romeo and…
  • Aug 13

    Will House Bill 4123 Turn Massachusetts Into a Filing Haven for Plaintiffs?

    Will House Bill 4123 Turn Massachusetts Into a Filing Haven for Plaintiffs?
    Eric Skelly  House Bill 4123 makes two changes to Massachusetts Superior Court procedure, both of which favor plaintiffs.  The first, addressed by Section 1 of the bill, allows plaintiffs’ attorneys to request a specific…
Rank this Week: 2229

The Expert Institute Blog

The Expert Institute Blog

Covers legal and financial issues related to expert witnesses.

http://www.theexpertinstitute.com/blog/
  • Aug 29

    Legal Blog Post Writing Contest

    Legal Blog Post Writing Contest
      The Expert Institute’s first-ever Legal Blog Post Writing Contest  is now live! To participate, submit a 1,000 to 2,500 word blog-style article on the use of expert witnesses in...The post Legal Blog Post Writing Contest…
  • Aug 25

    U.S. Judge in Oklahoma Excludes Accident Reconstruction Expert in Fatal Truck-Tractor Crash

    U.S. Judge in Oklahoma Excludes Accident Reconstruction Expert in Fatal Truck-Tractor Crash
      Case: Miguel Navarrete v. Michael C. Wiebe, et al., No. CIV–13–708–D, U.S. District Court for the Western District of Oklahoma; July 25, 2014 Background: In July 2012, Miguel Navarrete...The post U.S. Judge in…
  • Aug 25

    Floor Safety Expert Outlines Testing Standards for Slip Resistance of Interior Tile

    Floor Safety Expert Outlines Testing Standards for Slip Resistance of Interior Tile
    Attorneys and their experts representing slip, trip, and fall Plaintiffs, property owner Defendants, and joined design professionals should make themselves aware of recent changes in the art (& science) of...The post Floor Safety Expert…
Rank this Week: 2310

E-Discovery Beat

E-Discovery Beat

Covers electronic discovery. By Exterro.

http://www.exterro.com/e-discovery-beat/
  • Aug 28

    Integrating Structured Data Into the E-Discovery Proce

    Integrating Structured Data Into the E-Discovery Proce
    By: Andrew Bartholomew As data volumes increase and become more complex, having an integrated e-discovery environment where systems and data sources are automatically synching information and exchanging data with e-discovery applications has…
  • Aug 27

    Latest Ruling Underscores Practical Use of Predictive Coding in E-Discovery

    Latest Ruling Underscores Practical Use of Predictive Coding in E-Discovery
    By: Andrew Bartholomew When new cases emerge involving predictive coding e-discovery professionals understandably anticipate fireworks. The recent ruling in Bridgestone Americas v. International Business Machines, 2014 BL 217053, No.…
  • Aug 21

    Video Case Study: Transforming the Legal Hold Proce

    Video Case Study: Transforming the Legal Hold Proce
    By: Andrew Bartholomew During Exterro and Huron Legal’s recent webcast, “Transforming the E-Discovery Process,” attendees heard from members of AOL’s e-discovery team, who discussed how the organization recently…
Rank this Week: 2180

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
  • Aug 28

    Third Circuit Denies Employees’ Petition For Rehearing In Class Arbitration Case

    Third Circuit Denies Employees’ Petition For Rehearing In Class Arbitration Case
    The Third Circuit Court of Appeals this week denied a petition for rehearing by the panel and the Court en banc in the Opalinski v Robert Half International, Inc. matter, where last month it held that the availability of class arbitration is…
  • Aug 28

    Court Denies Remand Holding CAFA’s Amount In Controversy Requirement Was Met

    Court Denies Remand Holding CAFA’s Amount In Controversy Requirement Was Met
    The United States District Court for the Northern District of Illinois denied plaintiff’s renewed motion to remand, holding that defendants had demonstrated that it was plausible that CAFA’s amount in controversy requirement had…
  • Aug 27

    Court Denies Certification Citing Putative Class Representative’s Criminal History

    Court Denies Certification Citing Putative Class Representative’s Criminal History
    In Dunford v. American Databank, LLC, the plaintiff alleged that the defendant violated the Fair Credit Reporting Act by including within her criminal background report charges that were more than seven years old.  The plaintiff sought…
Rank this Week: 2583

DRI Today

DRI Today

Covers the defense of civil actions.

http://dritoday.org/Default.aspx
Rank this Week: 1972

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/
  • 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…
  • Jul 31

    What happens after the settlement?

    What happens after the settlement?
    Cover of Back to the Future When you settle a claim, before or after a lawsuit, you sign various documents finalizing the settlement. The first is a settlement agreement. A settlement agreement is essentially a contract between the parties…
Rank this Week: 1998