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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/
  • Jan 5

    Law and Movie

    Law and Movie
    2014 wasn't much of a year for courtroom dramas, unless you want to count The Judge, which I really don't. That movie's only redeeming feature was the chance to watch two great actors, Robert Duvall and Robert Downey, Jr., ply their trade.…
  • Nov 23

    Trial

    Trial
    The vast majority--far more that 90%--of civil cases are never going to trial. They are mostly going to be resolved by default, or by motion, or by negotiated settlement. And if by settlement, that will happen between the parties themselves…
  • Jun 12

    Tesla patent

    Tesla patent
    While not very impressive grammatically, the statement published today on Tesla's website that "all our patent are belong to you" might have some earthshaking consequences in the intellectual property world. Tesla has decided that in the…
Rank this Week: 2020

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: 2019

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: 1764

Federal Evidence Review Blog

Federal Evidence Review Blog

Covers cases and issues on the Federal Rules of Evidence.

http://federalevidence.com/blog
  • Sep 2

    Dealing With The Failure To Provide Written Notice To Introduce Business Records Under FRE 902(11)

    Dealing With The Failure To Provide Written Notice To Introduce Business Records Under FRE 902(11)
    SecondCircuitMap.png In mortgage fraud prosecution, government provided oral notice of its intent to introduce self-authenticating business records but failed to provide written notice as required under FRE 902(11); Second…
  • Sep 1

    Celebrating Labor Day

    Celebrating Labor Day
    Flags.JPG The Federal Evidence Blog returns on Tuesday, September 2, 2014. Enjoy the Labor Day holiday. Labor Day is celebrated on the first Monday in September. See 5 U.S.C. § 6103 (federal holidays).
  • Aug 29

    Bursting The Mailbox Rule Presumption

    Bursting The Mailbox Rule Presumption
    Mailbox.jpg Third Circuit considers the operation of the mailbox rule presumption under FRE 301 and the circumstances in which the presumption may be rebutted; circuit distinguishes between strong and weak presumptions;…
Rank this Week: 1922

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: 1776

Expert Witness Guru's Blog

Expert Witness Guru's Blog

Covers rulings, news and marketing strategies for expert witnesses.

http://expertwitnessguru.com/blog/
  • Apr 20

    Fall protection expert witness helps car hauler survive summary judgment

    Fall protection expert witness helps car hauler survive summary judgment
    A fall protection expert witness recently came to the rescue of a car hauler suing a truck manufacturer for negligence and helped him survive summary judgment. Although the expert did not have any formal education on fall protection, the…
  • 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…
Rank this Week: 2232

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: 2242

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: 2545

New York Civil Law

New York Civil Law

A forum for New York Appellate Law, Civil Procedure, Insurance Coverage and Defense. By Matthew Lerner.

http://nylaw.typepad.com/new_york_civil_law/
Rank this Week: 1897

Armillary Observations

Armillary Observations

Focuses on appellate law and military law.

http://hlime.wordpress.com
  • Mar 24

    Defense: Planet of Giant

    Defense: Planet of Giant
    Planet of Giants came out last September on DVD, allowing us to inaugurate the second season in proper fashion. This serial may seem a poor candidate for the defense, as its relative lack of action and plodding dialogue meant that ……
  • Mar 24

    Defense: Planet of Giant

    Defense: Planet of Giant
    Planet of Giants came out last September on DVD, allowing us to inaugurate the second season in proper fashion. This serial may seem a poor candidate for the defense, as its relative lack of action and plodding dialogue meant that even its…
  • Mar 23

    Prosecution: The Myth Maker

    Prosecution: The Myth Maker
    Hello again, Mithradates here, and back on the job, sans my erstwhile partner. While I catch up on old reviews, I am continuing forward from my last stopping point, and have decided to post my impressions while they are still ……
Rank this Week: 1741

The Florida Jury Selection Blog

The Florida Jury Selection Blog

Covers voir dire, cause challenges, juror concealment, non-verbal behavior, and peremptory challenges. By Robert W. Kelley.

http://www.juryblog.com
  • Jan 30

    How to Save a Potentially Contaminated Jury Panel

    How to Save a Potentially Contaminated Jury Panel
    During jury selection in a civil trial a prospective juror stated in open court that he was familiar with one of the defendant’s expert medical witnesses. The juror said the expert had “kind of screwed-up my dad’s…
  • Sep 11

    Failure to Conduct Juror Background Check During Trial May Constitute Lack of Due Diligence

    Failure to Conduct Juror Background Check During Trial May Constitute Lack of Due Diligence
    The Third District Court of Appeal recently held that the failure of trial counsel to perform background checks during trial on the members of the jury  – as was suggested by the judge be done during this trial  – may constitute a lack…
  • Sep 6

    Failure to Conduct Background Check on Jurors During Trial May Constitute Lack of Due Diligence

    Failure to Conduct Background Check on Jurors During Trial May Constitute Lack of Due Diligence
    Last week the Third District Court of Appeal held that the failure of trial counsel to perform background checks during trial on the members of the jury  – as was suggested by the judge be done during this trial  - may constitute a lack…
Rank this Week: 1686

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: 2316

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: 2269

Res Ipsa Loquitur

Res Ipsa Loquitur

Covers civil litigation, insurance, technology and other topics of interest to Canadian legal practitioners. By Pamela Pengelley.

http://canadianlaw.wordpress.com
Rank this Week: 2052

shlep: the Self-Help Law ExPress

shlep: the Self-Help Law ExPress

News, views and information on self-help law and pro se litigation.

http://blogs.law.harvard.edu/shlep
  • Feb 19

    Help for pro se users in Clark County, Indiana

    Help for pro se users in Clark County, Indiana
    Commissioners OK legal help center for courthouse New appointment made to fill a void in County Courts By BRADEN LAMMERS Braden.Lammers@newsandtribune.com Judicial matters were the predominant theme at the Clark County Commissioners meeting…
  • Jan 5

    New York Times op/ed piece about self-help representation

    New York Times op/ed piece about self-help representation
    Two state judges opine about the state of accessibility to the legal system. As the economy has worsened, the ranks of the self-represented poor have expanded. In a recent informal study conducted by the Self-Represented Litigation Network,…
  • Jan 5

    Indianapolis law library closes but self-help center remains open

    Indianapolis law library closes but self-help center remains open
    Librarian Zoya Golban turned off the lights and locked the doors Wednesday at the Marion County Law Library for the last time. The cozy repository for legal materials and publicly accessible computers on the third floor of the City-County…
Rank this Week: 1950

Advocate's Almanac

Advocate's Almanac

Focuses on criminal law and evidentiary issues. By Rubin Sinins.

http://advocatesalmanac.blogspot.com/
  • Aug 1

    N.J. Supreme Court Rejects Defendant's Alleged Right to Perjury for Lesser Plea

    N.J. Supreme Court Rejects Defendant's Alleged Right to Perjury for Lesser Plea
    In State v. Taccetta, the N.J. Supreme Court rejected a defendant's post-conviction relief claim of ineffective assistance of counsel. The decision may be found here. Defendant, an alleged member of an organized crime family, faced murder…
  • Jul 21

    N.J. Supreme Court Reaffirms Particularity Requirement for Warrant

    N.J. Supreme Court Reaffirms Particularity Requirement for Warrant
    Today the N.J. Supreme Court reaffirmed the principle that warrants must state the place to be searched with particularity. The Court also reaffirmed the concept that the Court cannot delegate to the police the detached, neutral assessment…
  • Jul 14

    N.J. Supreme Court Rejects Missing Witness Jury Charge Against Criminal Defendant

    N.J. Supreme Court Rejects Missing Witness Jury Charge Against Criminal Defendant
    For years, the decision in State v. Clawans permitted judges, in appropriate circumstances, to charge juries that a party's failure to call a witness who naturally would have been called may give rise to an inference that the witness's…
Rank this Week: 2012

Moredata

Moredata

Covers electronic discovery and evidence. By Ira P. Rothken.

http://www.moredata.com/
  • Mar 10

    The Sedona Conference® Commentary on Preservation, Management and Identification of Sources of Information that are Not Reasonably Accessible

    The Sedona Conference® Commentary on Preservation, Management and Identification of Sources of Information that are Not Reasonably Accessible
    The Sedona Conference® Working Group 1 recently published a Commentary on the issues of preserving, managing, and identifying not reasonably accessible electronically stored information or “NRA ESI". The result is a five-step framework for…
  • Apr 8

    Cell Phone Electronic Discovery Device

    Cell Phone Electronic Discovery Device
    It used to be that there was some unwritten understanding amongst lawyers and judges (or so it seemed) that unless it was the absolute core evidence in the case that litigants did not need to go out and extract, analyze for relevance, and…
  • Feb 13

    State E-Discovery Statute

    State E-Discovery Statute
    With all the hoopla over the revised Federal Rules dealing with electronic discovery one must not lose sight of the notion that the vast majority of cases in the United States get tried in state courts. While a number of states have used…
Rank this Week: 2050

Texas Appellate Law Blog

Texas Appellate Law Blog

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

http://www.texasappellatelawblog.com/
Rank this Week: 4482

Translation For Lawyers

Translation For Lawyers

Covers various topics related to language translation, interpretation, and culture in the Legal Sytem. By All Language Alliance, Inc.

http://www.translationforlawyers.com/
  • Mar 5

    Multilingual Business Translation Service

    Multilingual Business Translation Service
    We blogged about legal translation services in the context of machine translation. Foreign language translation services for businesses are becoming more common in smaller, regional dialects, according to a recent article in The Economist…
  • Feb 20

    Spanish to English Translation Services and Setting Up to Settle Down in Panama

    Spanish to English Translation Services and Setting Up to Settle Down in Panama
    We’ve blogged about multilingual legal translation services in the process of expatriation.   As baby boomers retire, they are looking for options. They want to maintain the standard of living that they enjoyed during their…
  • Feb 9

    Chinese Translation Services and Lawsuits Involving Chinese Corporation

    Chinese Translation Services and Lawsuits Involving Chinese Corporation
    As commerce grows more and more international, language is becoming a central part of lawsuits. While English is the language of business around the world, more and more people speak more than one language or rely on a foreign language…
Rank this Week: 4542

Litigation PostScript

Litigation PostScript

Provides information and practical tips on legal persuasion spanning pretrial and trial phases, for jury, bench and arbitration settings. By Persuasion Strategies.

http://www.litigationps.com/litigation_postscript_per/
  • Mar 5

    Speak Positively

    Speak Positively
    By Dr. Ken Broda-Bahm: Language is the cognitive and social invention that made it possible for us to resolve conflicts with reason rather than force. Language begat law, and law in turn begat litigation. Lawyers work with words, and…
  • Mar 2

    Account for the 'Liberal Individual' and the 'Conservative Community'

    Account for the 'Liberal Individual' and the 'Conservative Community'
    By Dr. Ken Broda-Bahm: Politics isn't just a good way to start an argument, it is also a pretty reliable predictor of general leanings in litigation. Out of all of the demographic traits that we have looked at -- factors like sex, race,…
  • Feb 26

    Don't Chew Gum and Testify at the Same Time (and Don't Believe Every Study)

    Don't Chew Gum and Testify at the Same Time (and Don't Believe Every Study)
    By Dr. Ken Broda-Bahm: Most witnesses in trial or deposition would know enough not to testify with a big wad of chewing gum in their mouths. Only, these witnesses probably haven't heard about a new study that purports to show that, when…
Rank this Week: 4324

Legally Speaking Ohio

Legally Speaking Ohio

Provides commentary and analysis on cases going in front of the Supreme Court of Ohio. By Marianna Bettman.

http://www.legallyspeakingohio.com
Rank this Week: 3631

Dispute Resolution in Germany

Dispute Resolution in Germany

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

http://www.disputeresolutiongermany.com/
  • Mar 5

    Art Law: Federal Administrative Court Rules on Deletion of Entries in the Lost Art Database

    Art Law: Federal Administrative Court Rules on Deletion of Entries in the Lost Art Database
    In May 2014, I had reported the decision of the Administrative Court of Appeal (Oberverwaltungsgericht) Magdeburg in a dispute about the deletion of a painting in the Lost Art database, once the painting had been found. The Administrative…
  • Mar 4

    Hedge Funds vs. Porsche: Litigation Gravitates to Hannover

    Hedge Funds vs. Porsche: Litigation Gravitates to Hannover
    In a decision today, the Braunschweig district court (Landgericht) has transferred two cases* brought by hedge funds investors against Porsche to the Hannover district court. The claimants are pursuing damages claims against Porsche related…
  • Feb 26

    Best German Blawgs 2015 – Voting Now Open!

    Best German Blawgs 2015 – Voting Now Open!
    Johannes Zöttl, the editor of Kartellblog, is looking for Germany’s Best Blawgs 2015, or, as we say in German, the best Jurablogs. Voting is open until March 11, 2015. This blog has been nominated in the litigation category. Have a…
Rank this Week: 4633

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
  • Mar 4

    Inadmissible Evidence May Still Get In for a Limited Purpose

    Inadmissible Evidence May Still Get In for a Limited Purpose
    It may not be favored by courts or be the parties’ preference, but there’s a place for evidence to be admitted for a limited purpose. It can be seen as either a creative solution to an evidence admissibility problem or a way…
  • Mar 2

    Should You Check a Job Applicant’s Social Media Posts?

    Should You Check a Job Applicant’s Social Media Posts?
    Employers are wondering whether browsing public social media sites to learn more about a job applicant is worth the potential risks. A CareerBuilder survey found that 39% of employers use social networking sites to research job candidates,…
  • Feb 27

    Keep Cross-Examination Short (Unless You Shouldn’t)

    Keep Cross-Examination Short (Unless You Shouldn’t)
    A successful evangelist once said about his sermons: “Nobody ever got religion after the first twenty minutes.” His time estimate may be wrong, but every evangelist and trial attorney has wrestled with the short attention span of…
Rank this Week: 3554

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/
  • Mar 3

    Nonprofit's governing documents dictate scope of director's liability

    Nonprofit's governing documents dictate scope of director's liability
    Last week the Oregon Court of Appeals addressed the liability of directors of a nonprofit corporation, reversing summary judgment for directors of a homeowners association on breach of fiduciary duty claims. In WSB Investments, LLC v.…
  • Jan 5

    Pom’s Wonderful Start to the New Year

    Pom’s Wonderful Start to the New Year
    A recent ruling by the Ninth Circuit Court of Appeals has reversed a district court decision denying Pom Wonderful’s request for injunctive relief from market competitor, Pur Beverages.
  • Dec 16

    Oregon Supreme Court refines the "same nine" rule for jury verdict

    Oregon Supreme Court refines the "same nine" rule for jury verdict
    The Oregon Constitution and Oregon Rule of Civil Procedure 59G(2) both state that "in civil cases three-fourths of the jury may render a verdict." The "same nine" rule requires that, if the questions presented to a jury are interdependent…
Rank this Week: 2846

Kentucky Court Report

Kentucky Court Report

Provides updates of decisions, argument calendars, news and developments for the Supreme Court of Kentucky and Kentucky Court of Appeals. By Michael Stevens.

http://kycourtreport.com/
Rank this Week: 3169

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/
  • Mar 3

    Contract Construction as explained by the Texas Supreme Court (2015)

    Contract Construction as explained by the Texas Supreme Court (2015)
     CONTRACT CONSTRUCTION    "In construing contracts, we must ascertain and give effect to the parties' intentions as expressed in the document." Lopez v. Muñoz, Hockema & Reed, L.L.P., 22 S.W.3d 857, 861 (Tex. 2000).…
  • Feb 4

    Elements of proof in wrongful foreclosure case and measure of damage

    Elements of proof in wrongful foreclosure case and measure of damage
    ELEMENTS OF CAUSE OF ACTION FOR WRONGFUL FORECLOSURE   The elements of a wrongful-foreclosure claim are: (1) a defect in the foreclosure sale proceedings; (2) a grossly inadequate selling price; and (3) a causal connection between the…
  • Feb 3

    Statute of frauds as to loans for more than $50,000

    Statute of frauds as to loans for more than $50,000
    THRESHOLD DOLLAR AMOUNT FOR STATUTE OF FRAUDS IN LOAN CONTRACTS  The statute of frauds provides that a "loan agreement in which the amount involved in the loan agreement exceeds $50,000 in value is not enforceable unless the agreement is…
Rank this Week: 4444

Trial Lawyer Communication Tips…

Trial Lawyer Communication Tips for EVERYONE!

Shares almost 3 decades of trial lawyer communication tips to help you make an impact, fascinate others, and close deals like the best trial lawyers in the world! By Mitch Jackson.

http://mitchjackson.com
  • Mar 3

    Building Relationships at Chapman University

    Building Relationships at Chapman University
    We've Moved! Update your Reader Now. This feed has moved to: http://mitchjackson.com/feed/ Update your reader now with this changed subscription address to get your latest updates from us.
  • Feb 26

    My Favorite Interview Questions (and why I use them all the time in trial)

    My Favorite Interview Questions (and why I use them all the time in trial)
    We've Moved! Update your Reader Now. This feed has moved to: http://mitchjackson.com/feed/ Update your reader now with this changed subscription address to get your latest updates from us.
  • Feb 23

    What this trial lawyer’s mom taught me about the art of communication

    What this trial lawyer’s mom taught me about the art of communication
    We've Moved! Update your Reader Now. This feed has moved to: http://mitchjackson.com/feed/ Update your reader now with this changed subscription address to get your latest updates from us.
Rank this Week: 3642

Percipient E-Discovery Blog

Percipient E-Discovery Blog

A blog about e-discovery, technology and other related matters of interest.

https://percipient.co/blog
  • Mar 3

    E-Discovery Search Term Dispute Resolved With Random Sampling

    E-Discovery Search Term Dispute Resolved With Random Sampling
    A recent decision in the In re: Lithium Batteries Antitrust Litigation, an action against battery manufacturers alleging price fixing, authorized the use of random sampling to resolve disputes over keywords used to collect electronically…
  • Feb 26

    Are Litigation Hold Notices Protected by Attorney-Client Privilege?

    Are Litigation Hold Notices Protected by Attorney-Client Privilege?
    Generally, litigation hold notices are privileged, protected by the attorney-client privilege or work product doctrine. See, e.g. Gibson v. Ford Motor Co., 510 F. Supp. 2d 1116, 1123 (N.D. Ga. 2007). However, the privileged nature of…
  • Feb 17

    Do Attorney Liens Attach to ESI Hosted by E-Discovery Vendors?

    Do Attorney Liens Attach to ESI Hosted by E-Discovery Vendors?
    A recent opinion from the Illinois First District of Court of Appeal, Cronin & Company, LTD. v. Richie Capital Management, LLC, 2014 IL App. 131892-U (unreported), raises interesting questions about attorney liens, client files,…
Rank this Week: 3254

Delaware Trial Practice Blog

Delaware Trial Practice Blog

Covers the Delaware state courts. By Fox Rothschild LLP.

http://delawaretrialpractice.foxrothschild.com/
  • Mar 3

    Delaware Judiciary Issues 2014 Annual Report

    Delaware Judiciary Issues 2014 Annual Report
    The Delaware Judiciary recently issued its 2014 Annual Report. The Report begins with Chief Justice Strine’s first Annual Report message, which makes reference to the Judiciary’s survey of the Bar (see previous post here) as well…
  • Mar 2

    When is a home purchased prior to marriage considered marital property?

    When is a home purchased prior to marriage considered marital property?
    Can a home that is purchased prior to marriage and titled in the name of only one spouse ever be considered marital property? The short answer is yes. Delaware law presumes that property purchased prior to marriage is non-marital. See 13 Del.…
  • Feb 24

    Mediation in Family Court – Unique Rules For A Court Of Special Jurisdiction Part III

    Mediation in Family Court – Unique Rules For A Court Of Special Jurisdiction Part III
    Mediation, it is a process and concept with which most people are familiar. The Court rules define it as follows: Mediation is a process by which a mediator facilitates the parties in reaching a mutually acceptable resolution of a…
Rank this Week: 3407

The Velvet Hammer

The Velvet Hammer

Covers depositions, direct exams, opening statements and other trial tips. By Karen Koehler.

http://www.karenkoehlerblog.com
  • Mar 2

    The Office Fitbit Solution

    The Office Fitbit Solution
    Anne has started off the new year with a Fitbit.   Her goal – add steps to her sedentary work day.  Tearing herself away from her desk has proven difficult.  Anne always has more work than she can complete.…
  • Feb 9

    The origins of my initials and an updated motion to permit skype testimony at trial

    The origins of my initials and an updated motion to permit skype testimony at trial
    Pick up mom from Shoreline.  It is 58 degrees out and she is in a faux fur black maxi coat with brass buttons.  She bought it for $25.  Half off at the consignment store.  Brand new from Sears. Take her to late lunch at…
  • Feb 6

    Nala and my delicious red grapes – a cautionary tale

    Nala and my delicious red grapes – a cautionary tale
      Today Nala almost killed herself. It is drizzling.  We are running around the neighborhood.   Both of us in our rain gear.  Splish.  Splash. It starts pouring.   Get home.  Wash off the…
Rank this Week: 3039

The Finn Blog

The Finn Blog

Covers structured settlements and related products and services from the insurance and legal communities.

http://www.finnfinancialgroup.com/learn-more/blog/
  • Mar 2

    Economists Say YES to Annuitie

    Economists Say YES to Annuitie
    March 2, 2015 -With Superbowl XLIX recently concluded, if you played for the New England Patriots, CONGRATULATIONS!  Earning a Superbowl ring puts you in very elite company. With the 87th Academy Awards now behind us, if you were among…
  • Feb 16

    Happy Birthday, George

    Happy Birthday, George
    February 16, 2015 – If you’re off work today here in the United States, it may surprise you to know that it’s not because Presidents Day is a federal holiday since no such holiday exists. 5 USC § 6103(a) does, however,…
  • Feb 15

    Why Retirees Don’t Buy Annuitie

    Why Retirees Don’t Buy Annuitie
    February 15, 2015 Are you among the 76 million people born between 1946 and 1964? Worked most of your adult life? Have some money sitting in a 401(k) or similar retirement account? Want to make sure it lasts the rest of your life? If you…
Rank this Week: 3200

Western Canada Business Litigation…

Western Canada Business Litigation Blog

Covers issues emerging in the legal and business communities. By Lawson Lundell LLP.

http://www.westerncanadabusinesslitigationblog.com/
  • Mar 2

    Apples, Patents and Trolls, Oh My!

    Apples, Patents and Trolls, Oh My!
    EAST TEXAS – On February 25, 2015, Apple Inc. was found liable for patent infringement on three patents owned by Smartflash LLC and ordered, by an East Texas jury, to pay Smartflash LLC the princely sum of $532.9 million dollars in…
  • Feb 10

    Assisted Suicide: The Beginning of the End

    Assisted Suicide: The Beginning of the End
    In the recent case of Carter v. Canada, the Supreme Court of Canada declared invalid the Criminal Code prohibitions against physician-assisted suicide.  Those provisions made it a crime for a person to “consent to have death…
  • Feb 6

    “Much Ado About Parking”: Contempt and the power to punish

    “Much Ado About Parking”: Contempt and the power to punish
    On January 27, the British Columbia Court of Appeal dismissed the appeal in Bea v. The Owners Strata Plan, LMS 2138, 2015 BCCA 31, upholding the lower court’s decision finding the Plaintiff and her husband in contempt of Court and…
Rank this Week: 4617

Faruki, Ireland & Cox P.L.L.…

Faruki, Ireland & Cox P.L.L. Business Litigation Blog

Covers data security, intellectual property, advertising & media, and business litigation.

http://businesslitigationinfo.com
  • Mar 2

    A Lesson in What Strip Clubs Can Teach You About the FLSA

    A Lesson in What Strip Clubs Can Teach You About the FLSA
    Earlier this month, four former dancers filed a wage and hour collective action against the owners of Cheetahs Gentlemen’s Club & Restaurant, an adult entertainment night club in New York. Rodriguez, et al. v. Three Amigos SJL Inc.,…
  • Feb 27

    DOJ Intervenes to Defend Constitutionality of Lanham Act in Redskins’ Trademark Dispute

    DOJ Intervenes to Defend Constitutionality of Lanham Act in Redskins’ Trademark Dispute
    Another chapter has unfolded in the 23-year-old dispute between the Washington Redskins and the Native Americans who object to the team’s mascot — a mascot that the team has used for over 80 years. Recently, the U.S. Department of…
  • Feb 26

    FEBRUARY 2015 FI&C WEBSITE NEWSLETTER

    FEBRUARY 2015 FI&C WEBSITE NEWSLETTER
    *  FI&C was notified that it again made the Dayton Business Journal’s Top Dayton-Area Law Firms List. *  Ron Raether spoke at the ACI Cyber security and Data Privacy Protection Conference in Washington, D.C. *  Scot…
Rank this Week: 2756

A Winning Tip

A Winning Tip

Features trial tips from a trial consultant. By Dr. Noelle Nelson.

http://awinningtip.blogspot.com/
  • Mar 2

    Watch Those Jurors: Body Language Trumps the Spoken Word

    Watch Those Jurors: Body Language Trumps the Spoken Word
    The courtroom setting is unfamiliar to most prospective jurors, and sitting with a group of strangers is not necessarily within most people's comfort zone, much less being grilled by counsel during voir dire. In addition to which potential…
  • Feb 2

    Help Your Witness Deliver Effective Testimony with Full Sentence

    Help Your Witness Deliver Effective Testimony with Full Sentence
    Rare is the witness who isn't anxious, worried, scared - even terrified - during deposition or cross-examination. Often this leads to a rapid pace of speech. Not only that, but witnesses tend to believe that if they just blurt out their…
  • Jan 5

    Classic Juror Misunderstanding

    Classic Juror Misunderstanding
    The brilliant cartoonist, Wiley Miller ("Non Sequitur"), captured the misunderstandings between men and women as few others have. For example, the wife says: "Let's go shopping." The husband hears: "Let's go drain the life force from your…
Rank this Week: 3809

e-Lessons Learned

e-Lessons Learned

Covers e-discovery issues by focusing on mistakes made by counsel, employers and employees.

http://ellblog.com
Rank this Week: 3786

North Texas Legal News

North Texas Legal News

Covers Texas business law. By Leiza Dolghih.

http://northtexaslegalnews.com/
Rank this Week: 3482

A Blog on Legal Matters that…

A Blog on Legal Matters that Matter

Comments on trials and litigation and injury and accident law. By The Martin Law Firm, LLC.

http://blog.martinfirmllc.com/
  • Mar 1

    How Potential Lawsuit Recovery Affects Bankruptcy

    How Potential Lawsuit Recovery Affects Bankruptcy
    When filing for bankruptcy, debtors are required to list all of their assets and liabilities on a bankruptcy schedule. This is required so the court can determine which, if any, assets the debtor will be allowed to keep and which will be…
  • Feb 21

    Who is at Fault in "Secondary" Car Accidents?

    Who is at Fault in "Secondary" Car Accidents?
    Secondary car accidents result after an initial car accident quickly slows or stops the traffic, causing a subsequent accident behind the first one. This is more often referred to as a multi-vehicle accident or a "pile up." Some clients…
  • Feb 13

    Can I Get My Bankruptcy Payments Lowered?

    Can I Get My Bankruptcy Payments Lowered?
    Chapter 13 bankruptcy plans allow debtors to retain their property and pay off their debts using a repayment plan. The amount of the debtors' payments is based on their income and expenses. A typical bankruptcy case lasts from 3 to 5 years.…
Rank this Week: 3775

Pendleton Judicial Training…

Pendleton Judicial Training Updates

The official repository of the "Minnesota Judicial Training Updates," which provides judicial tips for judges and attorneys.

http://www.PendletonUpdates.com
Rank this Week: 3256

Alabama Litigation Review

Alabama Litigation Review

Covers business litigation, civil procedure, personal injury and punitive damages. By Jeff Blackwell.

http://www.alabamalitigationreview.com
  • Feb 28

    Court Secrecy Harms The Public

    Court Secrecy Harms The Public
    It’s been almost two months since my last post. Although not writing here, I have been busy writing – including a number of briefs in an ongoing products’ liability case and a separate case involving a public contract in…
  • Jan 3

    Public Contracts — A Call For Transparency

    Public Contracts — A Call For Transparency
    A recent article discusses an important issue in public pension and health plans — a lack of transparency. I realize this topic is a change from my normal posts discussing personal injury, products’ liability, and Alabama court…
  • Dec 21

    Failed FDA Process Opens Door To Dangerous Medical Device

    Failed FDA Process Opens Door To Dangerous Medical Device
    Power morcellators. Transvaginal mesh. Both are examples of the FDA’s faulty 510(k) process. I’ve written several times about transvaginal mesh – products that have caused tremendous personal injury to women in Alabama and…
Rank this Week: 2844

Nextpoint's Legal Technology Blog

Nextpoint's Legal Technology Blog

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

http://www.nextpoint.com/blog/
  • Feb 27

    Litigator’s Brief: 5 Lessons from the Anthem Security Breach

    Litigator’s Brief: 5 Lessons from the Anthem Security Breach
    Anthem Data Breach In February, Anthem Blue Cross revealed it had been the victim of a cyberattack. The attackers breached a database that contained over 80 million records of past and current customers, and Anthem employees. Anthem is…
  • Feb 24

    The Future of Law: eDiscovery and Cloud Computing CONVERGE in NYC

    The Future of Law: eDiscovery and Cloud Computing CONVERGE in NYC
    Nextpoint CEO, Rakesh Madhava to present at Above the Law CONVERGE Conference on March 18th at The University Club in New York City.   Rakesh Madhava, CEO of Chicago-based Nextpoint, will participate in a panel discussion on the future…
  • Feb 3

    Nextpoint Integrates with Mindseye to Optimize Discovery in the Cloud

    Nextpoint Integrates with Mindseye to Optimize Discovery in the Cloud
    Best-in-Class Solution Intelligently Reduces Volume of Unnecessary and Duplicative Data Mindseye, an experienced leader in eDiscovery technology and workflow solutions, announced today that Nextpoint has integrated the Mindseye Discovery…
Rank this Week: 3502

Boston Lawyer Blog

Boston Lawyer Blog

Covers litigation, criminal and employment law. By Zalkind Duncan & Bernstein LLP.

http://www.bostonlawyerblog.com/
  • Feb 27

    Police Can’t Search Your Car Because they See a Small Amount of Marijuana

    Police Can’t Search Your Car Because they See a Small Amount of Marijuana
    The Supreme Judicial Court today, February 27, suppressed a search that was triggered by police observing “about an ounce” of marijuana in a car they had stopped for a broken headlight (Commonwealth v. Sheridan, No. SJC-11543).…
  • Feb 19

    Breastfeeding-Related Discrimination Should Be Protected By Law (Even if Men Can Lactate)

    Breastfeeding-Related Discrimination Should Be Protected By Law (Even if Men Can Lactate)
    Angela Ames resigned from her position at Nationwide Mutual Insurance Company just three hours after she returned from maternity leave.  Upon her return, she sought access to the company’s lactation rooms and was informed that she…
  • Feb 12

    Amid Opposition, Massachusetts to Revise Rule for Criminal Plea

    Amid Opposition, Massachusetts to Revise Rule for Criminal Plea
    The Massachusetts Supreme Judicial Court (“SJC”) has issued extensive revisions to the rule governing criminal pleas, which will take effect on May 11, 2015.  As I explain below, while the changes address a narrow issue, they…
Rank this Week: 3239

The Everlaw Blog

The Everlaw Blog

Comments on law, technology, and eDiscovery.

http://blog.everlaw.com/
  • Feb 25

    4 Time-Saving Tricks for Reviewing in Everlaw

    4 Time-Saving Tricks for Reviewing in Everlaw
    It doesn’t take long to realize that cost and time are two huge concerns in ediscovery, and that is no surprise since ediscovery accounts for the bulk of the costs of litigation. If you’re ahead of the curve, you’re already…
  • Feb 18

    Ensuring Innovation Is More Than Lip Service

    Ensuring Innovation Is More Than Lip Service
    There is a lot of talk about “innovation” or “disruption” especially when conversation turns to software. It’s no secret why everyone wants to be branded “innovative:” in a world of Moore’s Law,…
  • Feb 13

    Legaltech New York 2015: A Recap Roundup

    Legaltech New York 2015: A Recap Roundup
    With the largest (and arguably most important) legal technology event of the year now behind us, it’s time for the inevitable Legaltech New York recap.  Rather than add to the noise, however, we’ll help you cut through it…
Rank this Week: 3360

The Everlaw Blog

The Everlaw Blog

Covers legal technology used in litigation and eDiscovery, especially on the plaintiff's side.

http://blog.everlaw.com
  • Feb 25

    4 Time-Saving Tricks for Reviewing in Everlaw

    4 Time-Saving Tricks for Reviewing in Everlaw
    It doesn’t take long to realize that cost and time are two huge concerns in ediscovery, and that is no surprise since ediscovery accounts for the bulk of the costs of litigation. If you’re ahead of the curve, you’re already…
  • Feb 18

    Ensuring Innovation Is More Than Lip Service

    Ensuring Innovation Is More Than Lip Service
    There is a lot of talk about “innovation” or “disruption” especially when conversation turns to software. It’s no secret why everyone wants to be branded “innovative:” in a world of Moore’s Law,…
  • Feb 13

    Legaltech New York 2015: A Recap Roundup

    Legaltech New York 2015: A Recap Roundup
    With the largest (and arguably most important) legal technology event of the year now behind us, it’s time for the inevitable Legaltech New York recap.  Rather than add to the noise, however, we’ll help you cut through it…
Rank this Week: 3330

The Expert Institute Blog

The Expert Institute Blog

Covers legal and financial issues related to expert witnesses.

http://www.theexpertinstitute.com/blog/
  • Feb 24

    Legal Nurse Consultant – Everything You Need to Know

    Legal Nurse Consultant – Everything You Need to Know
    Legal Nurse Consultants are an important part of the legal team at many firms, helping attorneys negotiate the most complicated medical aspects of their cases with their insider knowlege gained...The post Legal Nurse Consultant –…
  • Feb 17

    10 Best Ways to Market Your Law Firm Online

    10 Best Ways to Market Your Law Firm Online
    Developing a healthy pipeline of leads and customer prospects for your firm takes hard work – and the right marketing. By taking full advantage of the exposure you can create...The post 10 Best Ways to Market Your Law Firm Online…
  • Feb 9

    Health Care Records – a Primer for Attorney

    Health Care Records – a Primer for Attorney
    Obtaining health care records is one of the first things that needs to happen in any health care related case. On the Defense side, if the record of care is...The post Health Care Records – a Primer for Attorneys appeared first on The…
Rank this Week: 3442

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 20

    Ian McCauley to Present at the Bifferato Trial Practice Forum

    Ian McCauley to Present at the Bifferato Trial Practice Forum
    Ian McCauley, along with Molly DiBianca and Brian Legum, will be presenting at the Bifferato Trial Practice Forum on Friday, February 20th… Continue Reading
  • Feb 9

    Looking Back on 2014: The 7 Most Important eDiscovery Cases in Delaware – Part 1

    Looking Back on 2014: The 7 Most Important eDiscovery Cases in Delaware – Part 1
    The Court of Chancery continued to focus on eDiscovery throughout 2014.  During the next few weeks we will be recapping 7 cases that covered various topics including preservation, designation of confidential material and the…
  • Jan 26

    Controlling Data Storage Costs with Nearlining

    Controlling Data Storage Costs with Nearlining
    A recent podcast from the Legal Talk Network’s ESI Report addresses cost control, an important issue for any client, eDiscovery attorney, or eDiscovery vendor.  As the sheer volume of collections continues to…
Rank this Week: 4155