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Nebraska Litigation & Trial…

Nebraska Litigation & Trial Advisor

Covers trials and appeals, depositions, and discovery. By Lamson, Dugan and Murray, LLP.

http://nebraskalitigationadvisor.com/
  • Mar 27

    AAJ Regional Trial Competition

    AAJ Regional Trial Competition
    Last week I noted that I would be assisting with the AAJ Regional Trial Competition held in Omaha.  I served as a judge for what was, in my view, a very close round between two good teams.  Here are some … Continue reading…
  • Mar 21

    Nebrasketball and McDermott; A Retrospective

    Nebrasketball and McDermott; A Retrospective
    Today is a pretty exciting day for the state of Nebraska.  Both Creighton University and the University of Nebraska-Lincoln are in the men’s NCAA Tournament.  The Nebraska women won the B1G Tournament and also picked up a 4…
  • Mar 18

    Judging AAJ Regional Trial Competition

    Judging AAJ Regional Trial Competition
    This week Omaha plays host to a regional trial competition sponsored by the American Association for Justice.  Nine law schools from the Midwest region will send a total of 16 teams to compete.  I, along with many of my Omaha…
Rank this Week: 1685

Virginia Employment Law Blog

Virginia Employment Law Blog

Covers employment law and litigation. By The Erlich Law Office, PLLC.

http://www.virginiaemploymentlawblog.com/
  • Mar 26

    The College Athlete as an Employee: Part 1 of Who Knows?

    The College Athlete as an Employee: Part 1 of Who Knows?
    This is the beginning of a series on the implications of today’s National Labor Relations Board (“NLRB”) decision that Northwestern’s football players, “are employees of the school and therefore entitled to hold…
  • Mar 26

    Is My Case Worth Pursuing? The Answer May Surprise You

    Is My Case Worth Pursuing? The Answer May Surprise You
    Have you been treated unfairly by your employer but feel like your claim is too small for anyone to care?  Based on a recent case in Millville, New Jersey, it may be time to think again. People are sometimes reticent to approach a lawyer…
  • Mar 19

    President Issues Executive Order to Expand Overtime Eligibility

    President Issues Executive Order to Expand Overtime Eligibility
    President Obama issued an executive order last week that would expand the pool of workers eligible for overtime pay under the Fair Labor Standards Act (“FLSA”). You may or may not already be familiar with the overtime portions of…
Rank this Week: 2699

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: 269

Law Offices of Joseph C. Markowitz

Law Offices of Joseph C. Markowitz

Discusses civil procedure, trial practice, employment law and other issues.

http://www.jcmarkowitz.com/
  • Mar 25

    Penaltie

    Penaltie
    Another Court of Appeal opinion in California reaffirmed the rule that penalty provisions in settlement agreements are not enforceable. In a settlement agreement entered in Purcell v. Schweitzer, the plaintiff agreed to accept payments…
  • Mar 19

    Settlement confidentiality

    Settlement confidentiality
    A recent case from the Court of Appeal in Florida illustrates the perils of confidentiality clauses in settlement agreements, but something more as well. Patrick Snay brought an age discrimination suit against a private school that…
  • Nov 22

    Civil collaborative law

    Civil collaborative law
    Collaborative law has firmly established itself in the family law arena, where parties (and attorneys) are often willing to commit in advance to do everything they can to resolve divorce cases out of court. Not so much on the civil side,…
Rank this Week: 4128

Dispute Resolution in Germany

Dispute Resolution in Germany

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

http://www.disputeresolutiongermany.com/
  • Mar 25

    Personal Jurisdiction Over Foreign Parties in US Courts: New Development

    Personal Jurisdiction Over Foreign Parties in US Courts: New Development
    European businesses view being sued in the United States as a major business risk, and they traditionally percieve the U.S. courts to be very liberal in assuming jurisdiction over foreign parties. Recent decisions of the U.S.…
  • Mar 10

    Art Law: Bavarian Legislative Proposal “Unlikely to Succeed”, Minister Say

    Art Law: Bavarian Legislative Proposal “Unlikely to Succeed”, Minister Say
    The Bavarian legislative proposal dealing with art restitution rlaims will be on the agenda of the Upper Chamber (Bundesrat) of the German parliament this Friday. Ahead of the session, Thomas Kutschaty, the Minister of Justice for North Rhine…
  • Mar 6

    Art Law: U.S. Litigation in the Gurlitt Case Against Bavaria, Federal Republic of Germany

    Art Law: U.S. Litigation in the Gurlitt Case Against Bavaria, Federal Republic of Germany
    One of the posts here on the Gurlitt case was entitled Litigation is Coming Closer in Gurlitt Case. Nicholas O’Donnell reports in the Art Law Report today that the first case has indeed been brought -  by David Toren in…
Rank this Week: 3357

Alaska Law Blawg

Alaska Law Blawg

Covers Alaska business law, litigation and recent decisions. By Clayton Walker.

http://aloinc.com/alaska-law-blawg/
  • Mar 24

    Don’t Be the Good Guy Tenant

    Don’t Be the Good Guy Tenant
    By: Jim GainesWhen it comes to Landlord Tenant relationships, don’t be the good guy. Now, I’m not saying to be the bad guy, though, either.   In general, us human beings (most of us, anyway) desire to be liked and…
  • Mar 5

    Transaction Question

    Transaction Question
    By: Clayton WalkerPlease consider and answer the following questions to help us efficiently evaluate and structure your transaction, and help you address issues prospectively. General information about the proposed transaction: 1. Is there a…
  • Mar 3

    Unsuccessful Public Contract Bid Proce

    Unsuccessful Public Contract Bid Proce
    By: Clayton WalkerUnsuccessful Public Contract Bid Process The Alaska Supreme Court issued an opinion addressing a litigants complaints about an unsuccessful public contract bid process.  The full opinion can be found here.  There…
Rank this Week: 2467

Defense Litigation Insider

Defense Litigation Insider

Covers complex litigation issues. By Cooley Manion Jones.

http://www.defenselitigationinsider.com
Rank this Week: 1191

Chicago IP Litigation Blog

Chicago IP Litigation Blog

Covers Northern District of Illinois intellectual property cases. By R. David Donoghue.

http://www.chicagoiplitigation.com/
  • Mar 21

    Late Damages Theory Allowed Based Upon Lack of Prejudice

    Late Damages Theory Allowed Based Upon Lack of Prejudice
    NanoChem Sol’ns, Inc. v. Global Green Prods., LLC., No. 10 C 5686, Slip Op. (N.D. Ill. Sep. 10, 2013) (Hart, Sen. J.). Judge Hart denied defendants’ motion in limine to exclude plaintiff NanoChem’s late-disclosed lost profit…
  • Mar 19

    Failing to Offer Construction for Indefinite Term Can Leave a Court “at Sea”

    Failing to Offer Construction for Indefinite Term Can Leave a Court “at Sea”
    Saro Golf, Inc. v. Nike, Inc., No. 08 C 1110, Slip Op. (N.D. Ill. Sep. 9, 2013) (Chang, J.). Judge Chang clarified the claim constructions in this patent case regarding an improved golf club head.  “Radius of curvature” was…
  • Mar 17

    Plaintiff May Not Communicate with Does in BitTorrent Case by Email or Phone

    Plaintiff May Not Communicate with Does in BitTorrent Case by Email or Phone
    The Thompsons Film, LLC v. Does 1-60, Slip Op. 13 C 2368 (N.D. Ill. Sep. 6, 2013) (Gottschall, J.). Judge Gottschall denied two Doe defendants’ motions to quash subpoenas to their respective ISPs seeking, among other things, their…
Rank this Week: 96

Vegas Litigator Blog

Vegas Litigator Blog

Focuses on litigation and related issues of interest. By Donald C. Kudler.

http://vegaslitigator.com/blog
  • Mar 19

    Do We Really Need Witnesses to Car Accident Cases?

    Do We Really Need Witnesses to Car Accident Cases?
    I was driving home from work a couple of nights ago…well, actually, I was between stops taking care of stuff on my way home….when I saw an accident at Decatur just south of Charleston Blvd.  I was making a left hand turn to…
  • Nov 4

    Use of Depositions During Closing Argument

    Use of Depositions During Closing Argument
    I was recently in a Trial in which the opposing Counsel began to read portions of my client’s Deposition in his closing argument which had not been introduced during the evidentiary portion of the Trial. I objected to the use as…
  • Jul 19

    Technology in the Courtroom – Can it Backfire?

    Technology in the Courtroom – Can it Backfire?
    A choice had to be made: use technology, but understand its limitations; or do without and risk the jury not following the case. My case was simple and done in a day so the Jury world nor get lost and I could present my case with…
Rank this Week: 1449

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: 38

Deliberations

Deliberations

Covers laws, news, and thoughts on juries and jury trials. By Anne Reed.

http://jurylaw.typepad.com/deliberations/
  • Mar 17

    Second response to "Now you see it, now you don't"

    Second response to "Now you see it, now you don't"
    By Kelly Lawson This is a second response to "Now you see it, now you don't". Dr. Vallano makes several excellent points. Allow me to play prosecution advocate for a moment. I completely agree that memory is fallible (and malleable). I also…
  • Mar 17

    Response to "Now you see it, now you don't"

    Response to "Now you see it, now you don't"
    By Jonathan Vallano This is a reponse to "Now you see it, now you don't". This provocative blog raises more questions than answers regarding eyewitness testimony. What effects does eyewitness testimony have on legal decision-making (judges…
  • Mar 17

    Now you see it, now you don’t: The shortcomings of eyewitness identification

    Now you see it, now you don’t: The shortcomings of eyewitness identification
    By Matthew Mangino United States Supreme Court Justice William J. Brennan Jr. wrote in a dissenting opinion more than thirty years ago, “There is almost nothing more convincing than a live human being who takes the stand, points a…
Rank this Week: 2981

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/
  • Mar 16

    Bitcoin & Other Virtual Currency As A Money Laundering Threat

    Bitcoin & Other Virtual Currency As A Money Laundering Threat
    The search for the true identity of Bitcoin creator Mr. Satoshi Nakamoto is discussed by “Will the Real Satoshi Nakamoto Please Stand Up” and at a video: Mt. Gox which was once the world’s largest Bitcoin currency…
  • Feb 13

    Divorce & Hidden Money: Whistleblowing, Tax Fraud & Tipping The IRS

    Divorce & Hidden Money: Whistleblowing, Tax Fraud & Tipping The IRS
    The post “An Asset Search, Tax Fraud & Divorce” was first published at the Asset Search Blog on January 16, 2008.  It is republished below as the seventh post in the “Divorce & Hidden Money” series.…
  • Feb 3

    Divorce & Hidden Money: Four Asset Concealment Tool

    Divorce & Hidden Money: Four Asset Concealment Tool
    This is the sixth post in the “Divorce & Hidden Money” series. “Four Ways Assets Can Be Secretly Transferred” mentioned methods some use to move assets across international borders.  My post regarding the…
Rank this Week: 391

Legal Radar

Legal Radar

Offers news coverage on civil litigation. By Sue Kerry.

http://www.legalradar.com/
  • Mar 12

    Bridgestone's Price-Fixing Probe, Agrees to Pay $425 Fine

    Bridgestone's Price-Fixing Probe, Agrees to Pay $425 Fine
    Bridgestone Corporation pleaded guiilty to conspiring to fix the prices of rubber car parts. From 2001-2008, the company met with competitors to discuss splitting up the market for rubber parts (used to reduce vibrations). They then submitted…
  • Mar 12

    Michael Jordan Wins in Federal Appeals Court

    Michael Jordan Wins in Federal Appeals Court
    Michael Jordon sued a grocery chain for publishing a magazine ad using his jersey number "23" on a pair of basketball shoes. He claims that the ad by grocer Jewel-Osco misappropriated his identity, and he sued for $5m in damages.…
  • Mar 12

    Facebook Post Invalidates $80,000 Settlement

    Facebook Post Invalidates $80,000 Settlement
    When Patrick Snay sued Gulliver Schools after it declined to renew his contract, the age-discrimination and retailiation settlement was awarded to Mr. Snay in the amount of $80,000. However, four days after the agreement, the daughter of Mr.…
Rank this Week: 878

Trial Advocacy Blog

Trial Advocacy Blog

Focuses on trial advocacy. From Temple University's Beasley School of Law.

http://indexhtml.blogspot.com/
  • Mar 11

    Temple Law alum vies for vacant Montana Supreme Court seat

    Temple Law alum vies for vacant Montana Supreme Court seat
    Copyright 2014 Great Falls TribuneAll Rights ReservedGreat Falls Tribune (Montana)March 9, 2014 Sunday1 EditionSECTION: A; Pg. 1LENGTH: 1677 wordsHEADLINE: 15 vie for vacant state Supreme Court seatBYLINE: By, John S.…
  • Nov 21

    Samuel Pond and Jerry Lehocky Create Trial Advocacy Scholarship at Temple University Beasley School of Law

    Samuel Pond and Jerry Lehocky Create Trial Advocacy Scholarship at Temple University Beasley School of Law
    Once classmates, now law partners, attorneys Samuel H. Pond and Jerry M. Lehocky have found a way to give back to the institution that launched their highly successful careers in law. The two partners at Philadelphia-based Pond Lehocky Stern…
  • Nov 14

    August/September 2013 Law Library Acquisition

    August/September 2013 Law Library Acquisition
    Administrative LawFederal administrative law / by Gary Lawson.Lawson, Gary, 1958-St. Paul, Minn. : West, c2013.TZ2 L445 2013 Administrative Law Developments in Administrative Law and Regulatory Practice, 2012 / edited by Jeffery S. …
Rank this Week: 43

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: 2046

At Counsel Table

At Counsel Table

Covers the craft and business of the courtroom lawyer. By Alex Craigie.

http://atcounseltable.wordpress.com
  • Mar 9

    We’ve Relocated, Please Visit Our New Address.

    We’ve Relocated, Please Visit Our New Address.
    If you’re reading this, you’ve reached the old site for At Counsel Table. We’ll be closing this site shortly. You can still get the same reliable, high-quality, 100% irony-free, individually crafted blog posts at our new…
  • Feb 15

    My Newfound Obsession With Proce

    My Newfound Obsession With Proce
    As the launch date for my solo practice approaches, I find myself obsessed in a way I never was before in my law practice about the subject of process. I have developed the belief that my own practice is far more likely to be both successful…
  • Feb 15

    My Newfound Obsession With Proce

    My Newfound Obsession With Proce
    As the launch date for my solo practice approaches, I find myself obsessed in a way I never was before in my law practice about the subject of process. I have developed the belief that my own practice is far more likely to be both successful…
Rank this Week: 3749

Trial and Appeals Blog

Trial and Appeals Blog

Covers law and society. By Thomas Wade Young.

http://www.twylaw.com/blog
  • Mar 6

    Incivility Yields Two Year Suspension

    Incivility Yields Two Year Suspension
    THIS article for the Ethics and Professionalism Committee of the ABA’s Section of Litigation uses recent decisions by the Supreme Court of Florida to illustrate how lapses in professionalism — which were once thought to be…
  • Mar 6

    Florida Supreme Court Punts to Legislature

    Florida Supreme Court Punts to Legislature
    Today, the Supreme Court of Florida unanimously ruled that applicants seeking admission to The Florida Bar must “demonstrate that they are legally present in the United States” and that unauthorized immigrants are ineligible for…
  • Mar 7

    Florida Supreme Court: Economic Loss Rule Applies Only in Products Liability Case

    Florida Supreme Court: Economic Loss Rule Applies Only in Products Liability Case
    One year ago this month, my article titled Ruminations on the Relationship Between the Economic Loss Rule and Claims for Breach of Fiduciary Duty appeared in The Florida Bar Journal. The article discussed conflicting decisions among the…
Rank this Week: 4331

Insurance Defense Blog

Insurance Defense Blog

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

http://www.insurancedefenseblog.us/
  • 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…
  • Aug 18

    The billable hour is here to stay

    The billable hour is here to stay
    From time to time there are articles like this one published in the New York Times last March, attacking the billable hour as the basis for billing clients for services rendered. Such articles usually have two themes -- that the billable hour…
  • Aug 1

    A D.C. decision touches on effect of a…

    A D.C. decision touches on effect of a bank's use of overseas calling centers on the privacy of customer finanical records. https://tinyurl.com/m7ptgen Creative.
Rank this Week: 3519

California Civil Litigation Blog

California Civil Litigation Blog

Covers electronic discovery, insurance litigation, security and privacy, and other civil litigation topics in California. By M. Scott Koller.

http://www.koller-law.com
  • Feb 28

    Obama’s new cybersecurity plan a good start

    Obama’s new cybersecurity plan a good start
    I recently authored an article for the Daily Journal on the new cybersecurity framework.  You can read about it by visiting the Daily Journal.  
  • Dec 31

    The Target Breach: How the Financial Industry is Reacting

    The Target Breach: How the Financial Industry is Reacting
    Retail giant Target recently suffered a massive security breach during the busiest shopping season of the year. The breach involved the credit and debit card information of an estimated 40 million customers who shopped at one of…
  • Nov 19

    The Ramifications of a Security Breach

    The Ramifications of a Security Breach
    New Study Finds that Two Thirds of U.S. Adults Would Not Return to a Business Where Their Personal Information was Stolen. From hackers to stolen laptops, security breaches have been on the rise.  While most businesses are aware of the…
Rank this Week: 1207

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: 404

Expert Witness Guru's Blog

Expert Witness Guru's Blog

Covers rulings, news and marketing strategies for expert witnesses.

http://expertwitnessguru.com/blog/
  • Feb 24

    Product design expert witness allowed to testify on “ultimate issue” of infringement

    Product design expert witness allowed to testify on “ultimate issue” of infringement
    In this patent infringement suit regarding the design of a particular inner garment (Branovations, Inc. v. Ontel Products Corp.) the Florida district court ruled that simplicity of technology may negate need for expert testimony, but does not…
  • Feb 23

    Prosecution for pedicure – infectious disease expert witness testifie

    Prosecution for pedicure – infectious disease expert witness testifie
    An infectious disease expert witness was recently called on board in Hoff v. Steiner Transocean, Ltd. to testify about the source of infection on the Plaintiff’s feet, which, Plaintiff asserted, was caused by a pedicure he had on a…
  • Feb 22

    Finance expert witness partially admitted in Alabama

    Finance expert witness partially admitted in Alabama
    Participation loans are loans shared by a group of banks towards a single borrower. On January 27, 2014, the Alabama district court partially admitted a finance expert witness in one such participation loan scam trial (FNB Bank…
Rank this Week: 3334

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/
  • 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…
  • Feb 12

    Second Order Allowing Interlocutory Appeal Fails To Save Appellate Jurisdiction

    Second Order Allowing Interlocutory Appeal Fails To Save Appellate Jurisdiction
    After he was injured in an accident, Juan Zamora sued his employer, Newsboy Delivery Systems, and two individuals, Cherie and Richard Payne. Zamora claimed their negligence caused the accident. The trial court dismissed Newsboy because…
  • Feb 6

    Trucker’s Failure To Raise Commerce Clause Defense Dooms Tax Appeal

    Trucker’s Failure To Raise Commerce Clause Defense Dooms Tax Appeal
    Witte Brothers is an intersate trucking company. After an audit, under protest, Witte paid Illinois for “pass-through” miles [distance driven in Illinois without picking up or delivering goods]. Witte sued Illinois for…
Rank this Week: 2878

EDiscoveryMap

EDiscoveryMap

Covers cross-border ediscovery issues. By Monique Altheim.

http://ediscoverymap.com
  • 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…
  • Feb 11

    Dissection of a Twitter Chat on Privacy and Data Protection with @JulieBrillFTC

    Dissection of a Twitter Chat on Privacy and Data Protection with @JulieBrillFTC
    FTC Comissioner Julie Brill recently held her first Twitter chat on the topic of privacy and the FTC. TWITTER LINGO FOR BEGINNERS: Those who are regular twiteratti can skip the following paragraph, but for those still not familiar with…
Rank this Week: 4902

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/
  • Feb 14

    Did "Gray Goods" Non-Organic Mushrooms Infringe a Grower's Trademark?

    Did "Gray Goods" Non-Organic Mushrooms Infringe a Grower's Trademark?
    Hokto USA is a subsidiary of Japan-based Hokuto Co. Ltd. Both are Japanese companies. Hokuto Co. grows non-organic mushrooms in Japan. Hokto USA produces the same mushroom varieties in the United States as Hokuto Co. does in Japan, but…
  • Jan 24

    Obama Care and the Sale of an Interest in a Privately Held Entity

    Obama Care and the Sale of an Interest in a Privately Held Entity
    I received some interesting information from EisnerAmper concerning this issue, which many people may be unaware of. Have a read here.
  • Jan 13

    Meaningful Changes Come to NY's Non-Profit Law

    Meaningful Changes Come to NY's Non-Profit Law
    In late December 2013, new laws were put in place addressing non-profits. While we do not have a significant non-profit practice, we are often asked about issues relating to non-profits. To that end, here is a link to a more robust…
Rank this Week: 3288

Delaware eDiscovery Report

Delaware eDiscovery Report

Covers eDiscovery case law, rules, and issues, such confidentiality, sanctions and spoliation. By Morris James LLP.

http://www.delawareediscovery.com/
  • Feb 10

    LegalTech 2014 - A Focus on Information Governance

    LegalTech 2014 - A Focus on Information Governance
    Last week I attended LegalTech at the Hilton in New York City. During the past two years the focus of LegalTech has largely been on the continuing Predictive Coding discussion with an emphasis on using it to reduce the cost of discovery. …
  • May 28

    Predictive Coding Order Modified

    Predictive Coding Order Modified
    A recent landmark decision in which the Court of Chancery ordered both sides to engage in predictive coding by using a mutually agreed upon vendor has been modified. The new order allows plaintiffs in the EORHB v. HOA matter to review…
  • May 21

    A Glossary of eDiscovery Term

    A Glossary of eDiscovery Term
    We lawyers have a tendency to confuse our terminology when discussing technology.  This is especially true when discussing the technical aspects of eDiscovery.  I was inspired by the excellent Grossman-Cormack Glossary of…
Rank this Week: 4325

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: 423

Judge Bonnie Sudderth

Judge Bonnie Sudderth

Covers the Texas Rules of Evidence.

http://judgebonniesudderth.wordpress.com/
  • Feb 2

    Hearsay Exception #3 – Then-Existing Mental, Emotional or Physical Condition

    Hearsay Exception #3 – Then-Existing Mental, Emotional or Physical Condition
    The third hearsay exception – TRE’s 803(3) then existing mental, emotional or physical condition – is also similar to the first hearsay exception, the present sense impression.  As its name implies, this exception…
  • Sep 8

    Hearsay Exception #2 – The Excited Utterance Exception

    Hearsay Exception #2 – The Excited Utterance Exception
    Hearsay exception number two – the excited utterance exception – is often confused with previously-discussed hearsay exception number one, the present sense impression.  And while they are similar, and even on occasion,…
  • Jun 30

    Hearsay Exception #1 – The Present Sense Impression

    Hearsay Exception #1 – The Present Sense Impression
    The first exception to the hearsay rule, Rule 803(1) of the Texas Rules of Evidence, is the present sense impression – a statement describing or explaining an event made while the declarant was perceiving the event or immediately…
Rank this Week: 3286

The Trial Warrior Blog

The Trial Warrior Blog

Covers law and justice in Canada. By Antonin I. Pribetic.

http://thetrialwarrior.com/
  • Jan 29

    So Long, Farewell

    So Long, Farewell
    Following my initial reaction, I have had some more time to reflect on the recent decisions of the Supreme Court of Canada in Hryniak v. Mauldin, 2014 SCC 7 and  Bruno Appliance and Furniture,…
  • Jan 28

    2014 Canadian International Law Students Conference

    2014 Canadian International Law Students Conference
    I am privileged to be the keynote speaker at the upcoming  2014 Canadian International Law Students Conference, jointly presented by the International Law Society of University of Toronto Faculty of Law and Osgoode Hall Law…
  • Jan 23

    The Trial Warrior Blog, But Not Yours Truly, Gets Cited By An Ontario Court

    The Trial Warrior Blog, But Not Yours Truly, Gets Cited By An Ontario Court
    [15]           The plaintiffs rely on a document entitled The Trial Warrior Blog dated November 11, 2013 that discusses Kaynes v. BP, 2013 ONSC 5802 (CanLII), 2013 ONSC 5802…
Rank this Week: 1171

Ontario Rules of Civil Procedure…

Ontario Rules of Civil Procedure Blog

Covers how the new Ontario Rules of Civil Procedure are being interpreted and applied in recent cases. By Dentons.

http://www.ontariorulesofcivilprocedure.com/
Rank this Week: 367

Law Rules

Law Rules

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

http://lawrules.squarespace.com/journal/
  • 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…
  • Aug 14

    Fly on the wall

    Fly on the wall
    How many times have you finished a negotiation and wondered how much more you could have gotten the other participant to agree to? Have you ever wished you could have been a fly on the wall in the other side’s conference room? My…
Rank this Week: 4116

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: 672

e-discovery 2.0

e-discovery 2.0

Covers electronic discovery. By Aaref Hilaly.

http://www.clearwellsystems.com/e-discovery-blog
Rank this Week: 2217

Hague Child Abduction Practice in…

Hague Child Abduction Practice in the United States

Features cases, pleadings and reference materials. By Christopher F. Meatto.

http://www.hagueabductionpractice.com/
Rank this Week: 2799

A Buffalo Lawyer

A Buffalo Lawyer

Random thoughts and helpful links and resources from Buffalo lawyer Jeremy Colby.

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

    new subpoena rules in federal court

    new subpoena rules in federal court
    The ABA published a summary of the amendments to Rule 45.  http://www.americanbar.org/newsletter/publications/youraba/201212article10.htmlSome of the more interesting changes:Issuing court is the court in which the case is pending (no…
  • Oct 31

    Are you a lying, cheating, lazy jerk? Maybe your'e just a morning person . . .

    Are you a lying, cheating, lazy jerk? Maybe your'e just a morning person . . .
    http://www.nbcnews.com/health/afternoons-turn-us-lying-cheating-lazy-jerks-8C11505058
  • Oct 28

    Witness reliability (or not)

    Witness reliability (or not)
    Here is an interesting presentation by Dr. Elizabeth Loftushttp://www.huffingtonpost.com/tedtalks/mystery-of-memory_b_4159290.html?utm_hp_ref=tedweekends&ir=TED%20Weekends+&icid=maing-grid7%7Cmain5%7Cdl8%7Csec1_lnk3%26pLid%3D396892
Rank this Week: 2922

Hawaii Attorney Blog

Hawaii Attorney Blog

Covers Hawaii civil procedure and trial practice, commercial litigation, hawaii real estate litigation, mediation and arbitration, and personal injury. By Philip Brown.

http://legalblog.hawaii-attorney.net/
  • Dec 12

    Philip R. Brown Named One of Hawaii’s Best Lawyers in Honolulu Magazine

    Philip R. Brown Named One of Hawaii’s Best Lawyers in Honolulu Magazine
    Philip R. Brown of the Law Offices of Philip R. Brown has once again been named to Honolulu Magazine’s Annual Best Lawyers in Hawaii.  This is the Fourth consecutive year that Mr. Brown has been listed among Hawaii’s best…
  • Dec 3

    Keep the North Shore Country Files Suit To Halt Expansion Of Turtle Bay Resort

    Keep the North Shore Country Files Suit To Halt Expansion Of Turtle Bay Resort
    On December 2, 2013, firm client Keep the North Shore Country (“KNSC”) filed a lawsuit asking the Circuit Court to require Turtle Bay Resort, LLC (“Turtle Bay”) to properly study the environmental impacts of its…
  • Nov 15

    Pro Hac Vice Admission Of Out Of State Counsel By A Hawaii Attorney-Part 2

    Pro Hac Vice Admission Of Out Of State Counsel By A Hawaii Attorney-Part 2
    As we wrote in our previous blog (found here), the procedure in U.S. District Court pro hac vice admission is different than in Hawaii State Court since, generally, the mainland attorney seeking pro hac vice admission is already admitted to a…
Rank this Week: 1068

California Business Litigation…

California Business Litigation Attorney Blog

Covers business litigation, real estate, and equine law. By Adina T. Stern.

http://www.californiabusinesslitigationattorneyblog.com/
  • Dec 12

    What to Do If You Are Served With a Subpoena

    What to Do If You Are Served With a Subpoena
    If you are served with legal papers it is important to determine what type of papers you received. Are you being sued or are you being called to court or a deposition as a witness. It is worth a call to a litigation attorney to help you…
  • Aug 12

    How to Be Prepared for a Business Litigation Case

    How to Be Prepared for a Business Litigation Case
    Whether you have been sued or need to sue someone, it is important to know what to do both before the need for litigation arises. Careful record keeping and document organization are the best ways to help your business litigation attorney. …
  • Jul 23

    How to Buy a Business: Common Dangers and Pitfall

    How to Buy a Business: Common Dangers and Pitfall
    Anyone who wants to buy a business needs to be cautious before signing an offer. It is critical to consult with a lawyer who is experienced in California business sales to guide you through the process. Very often the business purchase…
Rank this Week: 3861

Class Action Defense Review

Class Action Defense Review

Covers the defense of class action lawsuits. By Cozen O'Connor.

http://www.classactiondefensereview.com/
  • Dec 6

    When Do Multiple State Court Actions Become a Removable "Mass Action"?

    When Do Multiple State Court Actions Become a Removable "Mass Action"?
    Under the Class Action Fairness Action of 2005, defendants may remove certain class actions to federal court if they meet the definition of “mass actions.” To qualify as a “mass action,” a lawsuit must involve…
  • Oct 28

    Extending the Reach of Comcast v. Behrend

    Extending the Reach of Comcast v. Behrend
    This past March, the Supreme Court held that a class may not be certified if its proposed damages model does not adequately limit damages to the alleged wrongful conduct that will be adjudicated before the trial court. In Comcast Corp. v.…
  • Sep 20

    The Consequences of Not Invoking a Right to Arbitrate

    The Consequences of Not Invoking a Right to Arbitrate
    A class action is brought against a company notwithstanding an arbitration provision in the company’s standard contract. The company does not move to compel arbitration, but begins litigating the matter in federal court. A second…
Rank this Week: 3916

Bailey Class Action Daily

Bailey Class Action Daily

Covers class action issues, both in California and Nationwide. By Matt C. Bailey.

http://www.baileydaily.com/
Rank this Week: 772

Attorney R. Tamara de Silva's…

Attorney R. Tamara de Silva's Blawg

Constitutional matters, politics, Wall Street matters, important cases and lots of opinions.

http://www.desilvalawoffices.com/Chicago-Litigation.aspx
  • Nov 20

    Capra et. al. Petition for Writ of Certiorari United States Supreme Court

    Capra et. al. Petition for Writ of Certiorari United States Supreme Court
    Link to Supreme Court briefSupreme Court brief:
  • Jul 13

    The Curious Case of George Zimmerman and the Castle Doctrine

    The Curious Case of George Zimmerman and the Castle Doctrine
    The Curious Case of George Zimmerman and the Castle Doctrine By R Tamara de Silva July 13, 2013 The George Zimmerman case is valuable because it sheds needed light on the pale underbelly of the Castle Doctrine and stand your ground…
  • Jun 27

    Supreme Court Strikes Down DOMA

    Supreme Court Strikes Down DOMA
    DOMA Falls at the Supreme Court-Good Riddance June 27, 2013 R. Tamara de Silva Yesterday, the United States Supreme Court struck down the Defense of Marriage Act ("DOMA"). The Defense of Marriage Act was signed into the law in 1996 by…
Rank this Week: 3274

Advertising Industry Litigation…

Advertising Industry Litigation Blog

Covers advertising law and litigation. By Theodora Oringher.

http://www.advertisingindustrylitigation.com/
  • Nov 19

    More About FTC’s Native Advertising Workshop

    More About FTC’s Native Advertising Workshop
    In a previous blog, I advised that the FTC was hosting a workshop on native advertising on December 4, 2013 in Washington D.C.  The FTC has now announced the agenda and panelist for the workshop.   Here is a link to the agenda.…
  • Oct 15

    Clock’s Up. New TCPA Rules Take Effect Today, October 16, 2013

    Clock’s Up. New TCPA Rules Take Effect Today, October 16, 2013
    If you are in the telemarketing industry, chances are you have had this date circled on your calendar for over a year and have spent part of that time planning and preparing for the new TCPA rules to ensure your business is in strict…
  • Sep 18

    FTC Eyeing Native Advertising

    FTC Eyeing Native Advertising
    It’s digital.  It’s popular.  And it could cause consumer confusion.  So it was inevitable it would peak the interest of the FTC.  Just this week, the FTC announced it will host a workshop on December 4, 2013…
Rank this Week: 2779

Practica Apelativa

Practica Apelativa

Discussion, analysis and commentary on appellate practice in Puerto Rico.

http://practicaapelativa.blogspot.com/
  • Nov 5

    De vuelta...

    De vuelta...
    Regreso luego de un laaargo receso de este Blog! No me culpen, los intereses van cambiando. Estuve trabajando en la página de nuestra oficina para la cual creé una calculadora de pensiones de alimentos. A los interesados ver…
  • Jul 23

    Impugnación de Subasta

    Impugnación de Subasta
    He decidido incluir en este blog entradas relacionadas con los trámites de subasta pública en Puerto Rico. Esta decisión responde en parte, y en primer lugar, a que, luego de la adjudicación de la subasta, la Ley de Procedimiento…
  • Feb 23

    Nuevas Reglas de Procedimiento Civil (2)

    Nuevas Reglas de Procedimiento Civil (2)
          Cuando trabajé en el TA, muchas veces cuestioné la práctica de algunos abogados de recurrir en certiorari a cada momento en un pleito. Las nuevas Reglas de Procedimiento Civil, específicamente el segundo párrafo de la Nueva…
Rank this Week: 4557

Northern Virginia Lawyer

Northern Virginia Lawyer

Commentary and insight on Virginia law and procedure.

http://northernvirginialawyer.blogspot.com/
  • Nov 3

    A Libertarian’s perspective on Ken Cuccinelli

    A Libertarian’s perspective on Ken Cuccinelli
    Every election, philosophical libertarians are faced with a conundrum: should we vote for principle/stay home or vote for the lesser of two evils.  Democrats tend to be better on personal liberty issues and Republicans tend to be better…
  • Nov 2

    Gay marriage lawsuits taking back seat in waning days of the campaign

    Gay marriage lawsuits taking back seat in waning days of the campaign
    I predicted that the gay marriage lawsuits in Virginia would have a significant impact on the gubernatorial campaigns in the final days. Apparently neither Cuccinelli nor McAuliffe appear interested in raising the fact that the AG's…
  • Sep 6

    Gay Marriage case on course to affect Virginia's Governor's race

    Gay Marriage case on course to affect Virginia's Governor's race
    The first Virginia case after the landmark U.S. v. Windsor ruling on gay marriage has undergone some recent changes that will truly push the matter to the forefront immediately before November's elections. A New ComplaintBostic & London…
Rank this Week: 3549

Class Action Attorneys Blog

Class Action Attorneys Blog

Covers employment law and consumer class-action cases. By Pogust Braslow Millrood.

http://www.classactionattorneysblog.com/
  • Oct 18

    Getting Paid for Security Screenings?

    Getting Paid for Security Screenings?
    Earlier this year, the Ninth Circuit heard the case of Busk, et al. v. Integrity Staffing Solutions, Inc.. The claims were brought by former employees who were subjected to security screenings by the company to curb employee theft of retail…
  • Feb 14

    Triumph

    Triumph
    On February 7, 2013, Carnival’s Triumph left the port of Galveston in what was anticipated to be a relaxing four-day cruise to the Caribbean. However, this winter getaway quickly turned into a living nightmare for Triumph’s 3,142…
  • Jan 17

    Fisher-Price Rock ‘N Play Infant Sleeper Recall to Inspect – Not Reimburse

    Fisher-Price Rock ‘N Play Infant Sleeper Recall to Inspect – Not Reimburse
    On January, 8, 2013, The Consumer Product Safety Commission in association with Fisher-Price announced a voluntary recall of the Rock ‘N Play Infant Sleeper due to the risk of mold developing between the removable seat cushion and hard…
Rank this Week: 1595

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: 3140

Consumer Goods & Retail…

Consumer Goods & Retail Industry Litigation Blog

Covers litigation-related issues concerning consumer packaged goods manufacturers, retailers, advertisers, consumers and attorneys. By Kotchen & Low LLP.

http://cpg-retail-litigation.kotchen.com/
Rank this Week: 1919