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Osterberg's Blog

Osterberg's Blog

Thoughts on intellectual property and federal court business litigation. By Eric Osterberg.

http://www.osterbergllc.com/blog/
  • Oct 8

    Do patent and copyright law restrict competition and creativity excessively? Posner

    Do patent and copyright law restrict competition and creativity excessively? Posner
    I am concerned that both patent and copyright protection, though particularly the former, may be excessive. via www.becker-posner-blog.com I disagree with the author regarding fair use. The problem he posits is better addressed by the…
  • Sep 28

    Three Things You Should Have in Your NDA, But May Not

    Three Things You Should Have in Your NDA, But May Not
    1. A requirement that the party receiving confidential information identify all personnel who are given access to the information, make them aware of the NDA and insure that they are bound by it. Identification is particularly important, in…
  • Sep 5

    The Latest From the Federal Circuit on Injunctions, Sunset Royalties, and Future Royalty Rate

    The Latest From the Federal Circuit on Injunctions, Sunset Royalties, and Future Royalty Rate
    Even if you win your patent infringement case, you still may not get an injunction prohibiting ongoing infringement.  In a case decided last month by the Federal Circuit, ActiveVideo v.
Rank this Week: 3464

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
  • Jan 15

    The “Rule of Primacy”, The Cornerstone to Effective Trial Advocacy: Plus Some Bonus Acting Tip

    The “Rule of Primacy”, The Cornerstone to Effective Trial Advocacy: Plus Some Bonus Acting Tip
    RULE OF PRIMACY: Following the “Rule of Primacy” is one of the easiest (yet most overlooked) ways for attorneys to improve their trial performance. If you’re a young attorney with aspirations of becoming the next Clarence…
  • Dec 10

    SNAPCHAT AS EVIDENCE: THE SMOKING GUN OFTEN OVERLOOKED

    SNAPCHAT AS EVIDENCE: THE SMOKING GUN OFTEN OVERLOOKED
    Greetings to all my cold Minnesota friends (cold hands but warm hearts). I’m writing this post from my winter home in Scottsdale, AZ where it’s currently a balmy 66 degrees. (sorry I couldn’t resist). Since writing my last…
  • Oct 8

    The Depressed Lawyer – Why are so many lawyers so unhappy?

    The Depressed Lawyer – Why are so many lawyers so unhappy?
    The following post is a reprint of a May 2, 2011 “Psychology Today” article written by Tyger Latham, Psy.D., a licensed clinical psychologist practicing in Washington, DC.  He counsels individuals and couples, many of…
Rank this Week: 2610

Pennsylvania Litigation Blog

Pennsylvania Litigation Blog

Providing a Pennsylvania perspective on local and national litigation news. Published by Barley Snyder LLC.

http://www.palitigationblog.com/
  • Feb 26

    A Guide for Brew Pub Entrepreneur

    A Guide for Brew Pub Entrepreneur
    Throughout Pennsylvania, the emergence of brew pubs are making Pennsylvania beer lovers very happy. In many instances, these brew pubs are helping revitalize downtown areas and redevelop older buildings, providing a boost to local…
  • Feb 26

    Employers May Be Eligible for Refund of Severance Pay FICA Taxe

    Employers May Be Eligible for Refund of Severance Pay FICA Taxe
    Employers who have made severance payments to laid off employees may be entitled to refunds of Federal Insurance Contributions Act (“FICA”) taxes remitted in connection with such payments.  According to a ruling from the…
  • Feb 12

    When Retirement Isn't Really Retirement: Pennsylvania Supreme Court Finds Early Retirees Eligible for Unemployment Compensation Benefit

    When Retirement Isn't Really Retirement: Pennsylvania Supreme Court Finds Early Retirees Eligible for Unemployment Compensation Benefit
    In  Diehl v. Unemployment Compensation Board of Review, the Pennsylvania Supreme Court recently ruled that early retirees are eligible for unemployment compensation benefits, reversing over 30 years of case law on the subject. In this…
Rank this Week: 4460

Percipient E-Discovery Blog

Percipient E-Discovery Blog

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

https://percipient.co/blog
  • May 30

    Civil Discovery in Federal Court– Hello Rocket Docket?

    Civil Discovery in Federal Court– Hello Rocket Docket?
    If you handle civil cases before federal courts, the United States Judicial Conference may have pushed the fast forward button on your discovery. Last fall, it approved a pilot program requiring mandatory, expedited disclosure and production…
  • May 16

    Sampling: More Than Just an Annoyance at Costco

    Sampling: More Than Just an Annoyance at Costco
    Ever faced one of these document review or e-discovery challenges? Overbroad search terms proposed by your opponent Burdensome or overreaching document requests Fulfilling a discovery request would be very difficult or costly and may not…
  • Apr 25

    A Discovery Dispute Makes the Big Time (SCOTUS!)

    A Discovery Dispute Makes the Big Time (SCOTUS!)
    Likely to the delight of many a district court judge, a discovery dispute made its way into the rarefied air of the United States Supreme Court. In Goodyear Tire & Rubber Co. v. Haeger, 581 U.S. _____ (2017), the high court…
Rank this Week: 2640

Point of Law Forum

Point of Law Forum

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

http://www.pointoflaw.com/
  • Nov 27

    Chairman Schapiro's Troubled Tenure at the SEC

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

    The Philadelphia Story

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

    Senator-elect Warren's Quandary

    Senator-elect Warren's Quandary
    There has been a lot of speculation about whether Senator-elect Elizabeth Warren will get a seat on the Senate Banking Committee, a perfect forum to go after the financial industry. If Ms. Warren does get the coveted spot, she may...
Rank this Week: 649

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: 4488

Renvoi: Lex Situs Conflictus

Renvoi: Lex Situs Conflictus

Covers Canadian conflict of laws. By Seva Batkin.

http://renvoi.wordpress.com
  • Jan 19

    The (Near) Death of Chaining

    The (Near) Death of Chaining
    Chaining foreign judgments is a practice of registering foreign judgments from jurisdiction to jurisdiction until you get to one that has a reciprocal enforcement of judgments relationships with your home province. Until very recently, I…
  • Jan 19

    The (Near) Death of Chaining

    The (Near) Death of Chaining
    Chaining foreign judgments is a practice of registering foreign judgments from jurisdiction to jurisdiction until you get to one that has a reciprocal enforcement of judgments relationships with your home province. Until very recently, I…
  • Jan 19

    Call of Duty

    Call of Duty
    No, this post is not about a poppular video game, or an upcoming inaugruation. Rather, it is about yours truly joining the very distinguished ranks of the legal profession. Thank you, Seva Batkin Barrister and Solicitor.
Rank this Week: 4474

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: 4052

Resolving Discovery Disputes

Resolving Discovery Disputes

Covers discovery plans, depositions, interrogatories and privileges. By Katherine Gallo.

http://www.resolvingdiscoverydisputes.com/
  • Jun 13

    A Needle in a Haystack – When Opposing Party Dumps Document

    A Needle in a Haystack – When Opposing Party Dumps Document
    Have you ever had a situation where the opposing side has responded to each of your document production requests with the response? All responsive documents within the custody and control of responding party will be produced. and then they…
  • Mar 28

    To Sign or Not to Sign Your Proof of Service

    To Sign or Not to Sign Your Proof of Service
      When I was a research attorney for Alameda County Superior Court, my judge drilled into me to always check the proof of service to make sure that it was signed and service on all parties had properly been made.  As a…
  • Jan 31

    DISCOVERY GAMES AND MISCONCEPTIONS—What is Wrong with this Document Response?

    DISCOVERY GAMES AND MISCONCEPTIONS—What is Wrong with this Document Response?
    Recently I saw the following document response and without even looking at the document request I knew that the response was bad and a motion to compel further responses was going to need to be filed: Objection, as some or all of these…
Rank this Week: 3554

Ringler Radio - Legal Settlements

Ringler Radio - Legal Settlements

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

http://legaltalknetwork.com/podcasts/ringler-radio
  • Jun 19

    Driverless Cars Litigation

    Driverless Cars Litigation
    On the 1960’s television show, The Jetsons, we saw a future world where people traveled in flying cars. Sound far-fetched? Maybe not – now we have driverless cars.  And with all the advantages also come liability and…
  • May 21

    The Mission of WILG to Help Injured Worker

    The Mission of WILG to Help Injured Worker
    The Workers' Injury Law & Advocacy Group also known as WILG, is the national non-profit membership organization dedicated to representing the interests of millions of workers and their families who, each year, suffer the consequences of…
  • May 1

    Drone Liability and Litigation

    Drone Liability and Litigation
    An unmanned aerial vehicle (UAV), commonly known as a drone, is an aircraft without a human pilot aboard.  Drones were originally associated by the military, but are now used for other purposes, with estimates of over a million sold by…
Rank this Week: 1336

Ross' Arbitration Blog

Ross' Arbitration Blog

Covers labor and employment arbitration. By Ross Runkel.

http://www.lawmemo.com/arbitrationblog/
  • Nov 26

    NLRB arbitration deferral to change?

    NLRB arbitration deferral to change?
  • May 20

    Arbitrator improperly imposed class arbitration

    Arbitrator improperly imposed class arbitration
    The 5th Circuit has held that an arbitrator improperly imposed class arbitration where the agreement was silent on that point. The dispute must be arbitrated, but on an individual basis rather than as a class action. Reed v. Florida Metro…
  • Jan 22

    NLRB arbitration deferral to change?

    NLRB arbitration deferral to change?
    Here is the NLRB's January 20 press release, announcing the General Counsel's intent to try to get the Board to change its arbitration deferral policy: Citing concerns about delays in processing grievances through parties’…
Rank this Week: 2682

Say What?! Judge Jerry Buchmeyer's…

Say What?! Judge Jerry Buchmeyer's weblog of classic legal humor.

Real life Texas Courtroom Humor. From U.S. Federal District Judge Jerry Buchmeyer (Northern District of Texas).

http://saywhat.texasbar.com/
  • Nov 21

    December 1997 - I Did a Buchmeyer

    December 1997 - I Did a Buchmeyer
    From Jeffrey Hirt of Houston, this excerpt from his examination of the present wife of his client:Q. Gina, how long have you known your stepdaughters?A. Actually, since before they were born. When Joan was still pregnant.Mr. Hirt: I'll send…
  • Nov 20

    September 2007 - That's How Vegas Work

    September 2007 - That's How Vegas Work
    Ryan Morris, who is a second-year law student at the University of Texas, was working for a small firm in Austin when he came across this excerpt in a deposition from a probate case where a party was testifying about his bank account:A. I…
  • Nov 19

    May 1985 - Were You in the Military Service?

    May 1985 - Were You in the Military Service?
    Q. How far did you get in the service? It was in the Army, wasn't it? A. Yes, sir, the Army. Q. How far did you get? A. Over to the South Pacific.
Rank this Week: 843

SCOTUSblog

SCOTUSblog

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

http://www.scotusblog.com/
Rank this Week: 10

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…
  • 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,…
Rank this Week: 1344

South Carolina Appellate Law Blog

South Carolina Appellate Law Blog

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

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

    Closing Out

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

    Constitutional issues with Clinton appointment???

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

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

    Billy Wilkins' return to the courtroom as a lawyer meets with succe
    From the Greenville News:William W. “Billy” Wilkins successfully argued against a motion in a shareholder suit against South Financial that asked for a temporary restraining order barring retirement payments to retired CEO Mack Whittle as…
Rank this Week: 1430

South Carolina Appellate Lawyer

South Carolina Appellate Lawyer

Covers appellate practice in South Carolina. By Christian Stegmaier.Covers appellate practice in South Carolina. By Christian Stegmaier.

http://southcarolinaappellatelawyer.wordpress.com
  • Oct 1

    Supreme Court Replaces Form 4 with new Form 4C in Civil Trial Matter

    Supreme Court Replaces Form 4 with new Form 4C in Civil Trial Matter
    On September 22, the Supreme Court issued an administrative order, which replaces the current Form 4 used for judgments/dispositions in civil matters in the Circuit Court with Form 4C.  The new Form 4C, which can be found here at…
  • Oct 1

    Supreme Court Replaces Form 4 with new Form 4C in Civil Trial Matter

    Supreme Court Replaces Form 4 with new Form 4C in Civil Trial Matter
    On September 22, the Supreme Court issued an administrative order, which replaces the current Form 4 used for judgments/dispositions in civil matters in the Circuit Court with Form 4C.  The new Form 4C, which can be found here at…
  • Oct 1

    Re-Rolling Out South Carolina Appellate Lawyer

    Re-Rolling Out South Carolina Appellate Lawyer
    I’ve spent the day re-reading the Advance Sheets from the last several months. While reviewing the recent decisions of our Court of Appeals and Supreme Court, I thought about South Carolina Appellate Lawyer and regretted that I had let it…
Rank this Week: 5186

Southern California Appellate News

Southern California Appellate News

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

http://socal-appellate.blogspot.com/
  • Jun 22

    17 issues? Way too many...

    17 issues? Way too many...
    A 3d DCA unpub'd decision here today begins:"This is a shotgun-approach appeal in which trustee [] and his attorney [] present 17 separate arguments against an order requiring them to jointly pay $16,060 in sanctions under Code of Civil…
  • Jun 22

    Latest CSCHS newsletter

    Latest CSCHS newsletter
    NOW AVAILABLE: Spring/Summer 2017 NewsletterThe latest issue of the California Supreme Court Historical Society’s Newsletter is now available on the Society’s website: www.cschs.org.The lead article is an extraordinary…
  • Jun 21

    DJ profiles Judge Milan Smith

    DJ profiles Judge Milan Smith
    "I'm a judge's judge.I have no political agenda whatsoever."Today's DJ profiles 9th Circuit Judge Milan Smith in 9th Circuit Court of Appeals Judge Milan Smith known for adhering to law over ideology. The article begins by noting that…
Rank this Week: 4853

Special Situations Law

Special Situations Law

By Norton Rose Fulbright. Covers shareholder activist and defence mandates, as well as complex reorganization transactions.

http://www.specialsituationslaw.com/
Rank this Week: 971

Structured Settlement Blog

Structured Settlement Blog

By Paul J. Lesti.

http://www.structuredsettlement.pro/
Rank this Week: 3833

Sui Generis--a New York law blog

Sui Generis--a New York law blog

Offers commentary on civil rights issues, recent decisions and other areas of interest to New York civil litigators and criminal practitioners. By Nicole L. Black.

http://nylawblog.typepad.com/suigeneris/
  • Jun 15

    New Jersey judge permits service via Facebook

    New Jersey judge permits service via Facebook
    Here is this week's Daily Record column. My past Daily Record articles can be accessed here. ***** New Jersey judge permits service via Facebook If you’re a litigator, then I can only assume that by now you fully understand how social…
  • Jun 8

    NYSBA issues updated social media guidelines for lawyer

    NYSBA issues updated social media guidelines for lawyer
    Here is this week's Daily Record column. My past Daily Record articles can be accessed here. ***** NYSBA issues updated social media guidelines for lawyers I’ve always believed that social media use by lawyers should be treated no…
  • May 24

    Judges weigh in on researching jurors online

    Judges weigh in on researching jurors online
    Here is this week's Daily Record column. My past Daily Record articles can be accessed here. ***** Judges Weigh In On Researching Jurors Online Now that social media is simply part of our day-to-day lives, it’s no surprise that…
Rank this Week: 2752

Tennessee Defense Litigation

Tennessee Defense Litigation

Covers civil defense litigation issues in Tennesee.

http://www.tennesseedefenselitigation.com/
Rank this Week: 271

Tennessee Trial Lawyers Blog

Tennessee Trial Lawyers Blog

Covers trials and litigation and criminal, family and injury law. By Freeman & Fuson.

http://www.tennesseetriallawyersblog.com/
  • Feb 15

    Landlord "Inadvertently" Sends Notice To Leave To Tenant

    Landlord "Inadvertently" Sends Notice To Leave To Tenant
    On January 27, 2016, WKRN reported that dozens of tenants at the Howe Garden Apartments in East Nashville received notices that they were to leave their apartments in the middle of the lease. This obviously left tenants, who still had months…
  • Feb 15

    Landlord "Inadvertently" Sends Notice To Leave To Tenant

    Landlord "Inadvertently" Sends Notice To Leave To Tenant
    On January 27, 2016, WKRN reported that dozens of tenants at the Howe Garden Apartments in East Nashville received notices that they were to leave their apartments in the middle of the lease. This obviously left tenants, who still had months…
  • Oct 6

    So You've Been Placed on the Abuse Registry

    So You've Been Placed on the Abuse Registry
    Most of our clients who are dealing with allegations from the Department of Health are fighting to keep their name off the abuse registry. More recently we have been contacted by individuals who have found out that their name has been placed…
Rank this Week: 2756

Texas Appellate Law Blog

Texas Appellate Law Blog

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

http://www.texasappellatelawblog.com/
  • Jun 20

    How Outside and In-House Counsel Can (and Should!) Collaborate on Post-Litigation Lessons-Learned

    How Outside and In-House Counsel Can (and Should!) Collaborate on Post-Litigation Lessons-Learned
    For much of my career as outside litigation counsel, I marked the end of cases with a celebratory client lunch or a sigh of “good riddance.” But when I went in-house with one of my clients, the end of each case was an opportunity…
  • May 5

    An Evening with the Third Court of Appeals, 2017 Edition

    An Evening with the Third Court of Appeals, 2017 Edition
    Yesterday, the Austin Bar Association’s Civil Appellate Law Section hosted a program entitled “An Evening with the Third Court of Appeals” at Austin’s InterContinental Stephen F. Austin Hotel. My firm, Smith Law…
  • Apr 24

    [Tap…Tap…Tap] Is This Thing On?

    [Tap…Tap…Tap] Is This Thing On?
    After a decade of blogging, I’m still amazed how one simple post can spin off new opportunities. Back in November, I wrote about how I’m using my iPad Pro during oral arguments. As a direct result of that post, I was:…
Rank this Week: 1185

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/
  • May 19

    Wrongful foreclosure claim in Texa

    Wrongful foreclosure claim in Texa
    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) an inadequate selling price; and (3) a causal connection between the defect and…
  • Mar 2

    Elements of tortious interference claim in Texa

    Elements of tortious interference claim in Texa
    The elements of tortious interference with an existing contract are: (1) the existence of a contract subject to interference; (2) the occurrence of an act of interference that was willful and intentional; (3) the act was a proximate cause of…
  • Feb 23

    Elements of breach-of-fiduciary-duty claim under Texas law

    Elements of breach-of-fiduciary-duty claim under Texas law
    "The elements of a breach of fiduciary duty claim are: (1) a fiduciary relationship between the plaintiff and defendant, (2) a breach by the defendant of his fiduciary duty to the plaintiff, and (3) an injury to the plaintiff or benefit to…
Rank this Week: 1057

The 10b-5 Daily

The 10b-5 Daily

Covers securities class action litigation. By Lyle Roberts.

http://www.the10b-5daily.com/
  • Jun 5

    The Outset of the Fraud

    The Outset of the Fraud
    If an individual defendant’s stock trading took place pursuant to a pre-determined Rule 10b5-1 trading plan that was entered into before the outset of the alleged fraud, the use of the trading plan may undermine any inference that…
  • May 9

    Not Just For Section 11 Claim

    Not Just For Section 11 Claim
    In its Omnicare decision, the U.S. Supreme Court held that opinions presented in registration statements can be subject to liability under Section 11 of the Securities Act of 1933 if either (a) the opinion was not…
  • Apr 14

    Frivolity

    Frivolity
    Among other reforms, the Private Securities Litigation Reform Act of 1995 (“PSLRA”) requires that upon final adjudication of a federal securities action, the court shall include in the record “specific findings regarding…
Rank this Week: 508

The Appellate Gourmet (c)

The Appellate Gourmet (c)

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

http://appellategourmetappealsinflorida.blogspot.com/
Rank this Week: 429

The Appellate Practitioner

The Appellate Practitioner

Covers appellate practice in California and the Ninth Circuit. By Kimberly A. Kralowec.

http://www.appellatepractitioner.com/
  • Mar 23

    Please visit The UCL Practitioner

    Please visit The UCL Practitioner
    Over the past couple of months, I haven't had time to keep The Appellate Practitioner updated in the way I'd like to. Therefore, I am putting the blog on hiatus for the time being. Please visit my primary blog, The UCL Practitioner, which I…
  • Jan 5

    "A High Court Training Regimen"

    "A High Court Training Regimen"
    Friday's Recorder had an article on a new moot program being organized at U.C. Berkeley for attorneys with California Supreme Court cases. It sounds very similar to what Professor Myron Moskovitz has been doing at Golden Gate University…
  • Dec 8

    "The Early Brief Gets the Worm"

    "The Early Brief Gets the Worm"
    Slate has an interesting jurisprudence essay on the impact of amicus filings at the U.S. Supreme Court level. Adam Chandler, "The Early Brief Gets the Worm: Liberal groups are ceding a key way to influence the Supreme Court," Slate (Dec. 5,…
Rank this Week: 1810

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: 229

The California Blog of Appeal

The California Blog of Appeal

Features an appellate practitioner's take on practice and legal developments in the California Courts of Appeal, the California Supreme Court and the Ninth Circuit Court of Appeals. By Greg May.

http://www.calblogofappeal.com
Rank this Week: 660

the complex litigator

the complex litigator

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

http://thecomplexlitigator.com/post-data/
  • Jun 19

    DOJ switches teams in NLRB v. Murphy Oil

    DOJ switches teams in NLRB v. Murphy Oil
    The DOJ announced on Friday, June 16, 2017, that it was reversing its position on the validity of class action waivers in arbitration agreements and would file an amicus brief in support of the employer's position in NLRB v. Murphy Oil.…
  • Mar 22

    Briefs on the merits are available in Troester v. Starbuck

    Briefs on the merits are available in Troester v. Starbuck
    Briefing on the merits is complete in Troester v. Starbucks Corporation (S234969).  The California Supreme Court granted the Ninth Circuit's request to decide an issue of California law.  The issue, taken from the California…
  • Mar 17

    A rest break says what? Vaquero v. Stoneledge Furniture LLC holds that commission-only pay employees must be paid separately for rest periods.

    A rest break says what? Vaquero v. Stoneledge Furniture LLC holds that commission-only pay employees must be paid separately for rest periods.
    California is the wage and hour gift that keeps on giving.  And if you thought every wage and hour question must have been answered by now....well....the naivete is charming.  A few weeks ago, in Vaquero v. Stoneledge Furniture LLC…
Rank this Week: 404

The Conference Room--Answers to…

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

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

http://nclawyer.typepad.com/north_carolina_civil_litg/
  • Jun 19

    Changing home

    Changing home
    After several years and over 150 posts, this blog is changing homes. It will be hosted on my firm's new website at http://www.hcpplaw.com/blog. Thanks for reading and I hope you will follow me over to the new site. If you...
  • May 29

    Take Time to Heal after a Car Wreck.

    Take Time to Heal after a Car Wreck.
    This is a tragic story, but one that is not that uncommon. My heart goes out to this family who will be dealing with this horrific car wreck for the rest of their lives. Putting on my lawyer hat for...
  • Apr 16

    Eviction

    Eviction
    Landlords have a streamlined process in North Carolina to evict tenants who have breached their lease. This is called summary ejectment. After the tenant has breached the lease by failing to pay rent or otherwise, and after the tenant has...
Rank this Week: 4593

The Contingency

The Contingency

Insights on sharing the risks and rewards of high-stakes business disputes. By Barry Barnett.

http://www.thecontingency.com
  • Mar 19

    A Trial Lawyer for the Supreme Court?

    A Trial Lawyer for the Supreme Court?
    In the last quarter-century and more, no current member of the Supreme Court tried a lawsuit of any kind to a judge or jury. Almost none of the justices has ever tried a civil case to verdict. And before their honors became appellate…
  • Dec 18

    No Class?

    No Class?
    A question of numbers Class actions can save courts and parties a lot of time and money. But what if the class includes just a few members? How much time and money will the class action device save then? The Third Circuit grappled with that…
  • Nov 13

    Pessimism Promotes Gambling in Decision-Making

    Pessimism Promotes Gambling in Decision-Making
    Election results Many voters believed that the major U.S. political parties offered them two disappointing choices for President this year. Although their reasons for disparaging their options varied from voter to voter, a rough consensus…
Rank this Week: 1432

The Courtroom Insight Blog

The Courtroom Insight Blog

Featuring attorney reviews of expert witnesses, litigation consultants, mediators and arbitrators.

http://blog.courtroominsight.com/
  • Jun 16

    LexisNexis and Ravel Law will offer new level of analytics to legal community

    LexisNexis and Ravel Law will offer new level of analytics to legal community
    On June 8th, LexisNexis announced the acquisition of Ravel Law, based in San Francisco.  Ravel Law provides research tools, legal analytics and data services allowing users to “contextualize and interpret large amounts of legal…
  • May 22

    Mississippi man convicted of first transgender hate crime

    Mississippi man convicted of first transgender hate crime
    In the first conviction under the Matthew Shepard, James Byrd Jr. Hate Crimes Prevention Act, a Mississippi man was sentenced to 49 years in prison along with a $20,000 fine. Joshua Vallum murdered Mercedes Williamson in May 2015 after…
  • Apr 13

    Multi-State Bar Exam Scores Hit A New Low

    Multi-State Bar Exam Scores Hit A New Low
    In February 2017, the average score of the Multi-State Bar Exam (MBE) declined by another point.  “The exam is a six-hour, 200-question multiple-choice examination developed by NCBE and administered by user jurisdictions as…
Rank this Week: 650

The Everlaw Blog

The Everlaw Blog

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

http://blog.everlaw.com
  • Jun 14

    Tiers of Ediscovery Solutions for Solo and Small Firm Lawyer

    Tiers of Ediscovery Solutions for Solo and Small Firm Lawyer
    At Everlaw, we believe that secure, fast, and collaborative document review software is essential to the practice of law. Whether you’re a litigator at a large law firm involved in multi-district cases across several firms, corporate…
  • Jun 6

    Instead of Fighting About Discovery, Set up First and Second Pass Review to Produce Responsive ESI

    Instead of Fighting About Discovery, Set up First and Second Pass Review to Produce Responsive ESI
    Reviewing electronically stored information (“ESI”) for productions should be a streamlined process to identify responsive information. Parties often find new and exciting ways to derail document review. Consider the employment…
  • May 24

    Everlaw for Journalists – First Reaction

    Everlaw for Journalists – First Reaction
    For the past six months, we’ve been meeting with reporters from some of the nation’s largest news organizations to demo Everlaw for Journalists, our program to support investigative reporting through pro bono access to the Everlaw…
Rank this Week: 2790

The Everlaw Blog

The Everlaw Blog

Comments on law, technology, and eDiscovery.

http://blog.everlaw.com/
  • Jun 14

    Tiers of Ediscovery Solutions for Solo and Small Firm Lawyer

    Tiers of Ediscovery Solutions for Solo and Small Firm Lawyer
    At Everlaw, we believe that secure, fast, and collaborative document review software is essential to the practice of law. Whether you’re a litigator at a large law firm involved in multi-district cases across several firms, corporate…
  • Jun 6

    Instead of Fighting About Discovery, Set up First and Second Pass Review to Produce Responsive ESI

    Instead of Fighting About Discovery, Set up First and Second Pass Review to Produce Responsive ESI
    Reviewing electronically stored information (“ESI”) for productions should be a streamlined process to identify responsive information. Parties often find new and exciting ways to derail document review. Consider the employment…
  • May 24

    Everlaw for Journalists – First Reaction

    Everlaw for Journalists – First Reaction
    For the past six months, we’ve been meeting with reporters from some of the nation’s largest news organizations to demo Everlaw for Journalists, our program to support investigative reporting through pro bono access to the Everlaw…
Rank this Week: 2786

The Expert Institute Blog

The Expert Institute Blog

Covers legal and financial issues related to expert witnesses.

http://www.theexpertinstitute.com/blog/
  • Jun 22

    Complications of Kidney Stone Surgery and Medical Legal Liability

    Complications of Kidney Stone Surgery and Medical Legal Liability
    Every year nearly 1% of adult Americans develop a kidney stone for the first time; nearly 10% will... Read More The post Complications of Kidney Stone Surgery and Medical Legal Liability appeared first on The Expert Institute.
  • Jun 20

    Working with An Expert Witness for Independent Medical Examination

    Working with An Expert Witness for Independent Medical Examination
    Whether you are dealing with personal injury or workers’ compensation, knowing the process of working with an expert... Read More The post Working with An Expert Witness for Independent Medical Examinations appeared first on The Expert…
  • Jun 16

    Top 15 Tips for Testifying as an Expert Witne

    Top 15 Tips for Testifying as an Expert Witne
    Testifying as an expert witness is no simple task. It takes ample skill and preparation to convey knowledge... Read More The post Top 15 Tips for Testifying as an Expert Witness appeared first on The Expert Institute.
Rank this Week: 2030

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/
  • May 22

    Warren Buffett Talks Structured Settlement

    Warren Buffett Talks Structured Settlement
    Berkshire Hathaway’s 2017 Annual Meeting Excerpt  Warren Buffett Knows (and Likes) Structured Settlements   May 22, 2017 – Earlier this month, attendees of Berkshire Hathaway, Inc.’s Annual Meeting witnessed…
  • Apr 20

    Managed or Mangled Money

    Managed or Mangled Money
    April 20, 2017 – If you’ve had money in an actively managed large cap fund in the United States for the past five years, there’s an 88.40% chance your manager underperformed and you would have been better off in a simple,…
  • Apr 18

    California DOI Press Release on Annuitie

    California DOI Press Release on Annuitie
    April 18, 2017 – Earlier this month during National Retirement Planning Week, the California Department of Insurance issued a Press Release urging Californians to “plan for retirement and carefully consider annuities.”…
Rank this Week: 2072

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
  • Apr 24

    Florida Supreme Court Revises Standard Juror Questionnaire

    Florida Supreme Court Revises Standard Juror Questionnaire
    Earlier this year the Florida Supreme Court approved changes to the standard Juror Questionnaire, Form 1.983. There are currently only two standard juror questionnaires approved for use in civil trials by the Florida Supreme Court –…
  • Nov 29

    Court Lifts Limits on Alternate Jurors in Civil Trial

    Court Lifts Limits on Alternate Jurors in Civil Trial
    The Florida Rules of Civil Procedure have been amended by the Florida Supreme Court to remove the limit on the number of alternate jurors in civil trials. Effective January 1, 2017, Rule 1.431 has been amended to read “The court may…
  • Oct 31

    Juror’s Mid-Trial Tweets Not Enough for New Trial

    Juror’s Mid-Trial Tweets Not Enough for New Trial
    This month, in a case of first impression in Florida, the Fourth District Court of Appeal held that statements posted by a juror on social media during trial were insufficiently prejudicial to require a new trial. The juror posted a series of…
Rank this Week: 1803

The Illinois Trial Practice Weblog

The Illinois Trial Practice Weblog

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

http://www.illinoistrialpractice.com/
  • Aug 17

    This Blog Is on An Extended Hiatus: A Guide to the Archive

    This Blog Is on An Extended Hiatus: A Guide to the Archive
    Although I've been posted here regularly (sometimes semi-regularly) for more than ten years, I think it's time to wrap up this blog and put some sort of bow around it. As of now, I have no plans to delete the...
  • Jun 26

    More Articles I Wrote Recently for <ital>Lawyerist</ital>

    More Articles I Wrote Recently for &lt;ital&gt;Lawyerist&lt;/ital&gt;
    Here are two articles I wrote recently for Lawyerist, both on litigation-related themes: 1. How to Take a Deposition Like a Pro 2. How to Have a Collegial Relationship with Opposing Counsel I tried to fill both articles with solid,...
  • May 5

    Fast and Thorough Deposition Preparation

    Fast and Thorough Deposition Preparation
    The sixth revision to my book about depositions, Deposition Checklists and Strategies, is available from James Publishing. Here's information about the book from the James Publishing website-- Creating an outline is the most efficient way of…
Rank this Week: 2872

The Jury Room

The Jury Room

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

http://keenetrial.com/blog
  • Jun 21

    Millennials, women in general, and Andrea Yates in particular 

    Millennials, women in general, and Andrea Yates in particular&nbsp;
    Recently, several articles have come out on Millennials and women but neither were enough to fill an entire post—so we’re combining them into a single post so that we do not miss passing on the information. “Psychologically…
  • Jun 19

    Simple Jury Persuasion: The Pique Technique (The Panhandler’s Persuasion Tool) 

    Simple Jury Persuasion: The Pique Technique (The Panhandler&rsquo;s Persuasion Tool)&nbsp;
    Seven years ago, we blogged about a disruptive persuasion strategy meant to catch the listener off guard and thus, elicit cooperation. Four years ago, we blogged about a negotiation strategy to help you more successfully negotiate prices…
  • Jun 16

    More on American race relations since the 2016  presidential election

    More on American race relations since the 2016&nbsp; presidential election
    This is a combination post of some of the ways race is coming up in 2017 (so far). It is easy to become numbed to how many shocking things are said on a regular basis now, but we agree with John Oliver in this NSFW video—this is not…
Rank this Week: 4904

The Law of Evidence

The Law of Evidence

Discusses evidentiary rules, objection practices, and court rulings. By Jesse Langel.

http://jesselangelevidence.blogspot.com
  • Feb 4

    1st Objection to Admissibility of an Exhibit: Improper Foundation Witne

    1st Objection to Admissibility of an Exhibit: Improper Foundation Witne
    In a trial, any piece of evidence (i.e. document, diagram, photo, police report, summary) offered by any party requires a particular foundation procedure to establish that the exhibit is reliable and relevant.  Since I personally have…
  • Oct 17

    Relevance | Problem 2

    Relevance | Problem 2
    Plaintiff sues Defendant, an owner of a newspaper, for libel after releasing an article that accused Plaintiff of committing a string of robberies on New York City’s Upper East Side. To prove that Plaintiff committed those robberies,…
  • Jul 20

    Relevance | Problem 1

    Relevance | Problem 1
    In our last blog, we saw some basic definitions of relevance. Relevant evidence is evidence that tends to prove or disprove a material fact in the case. For this problem, we revisit the relevance of “character” evidence. In…
Rank this Week: 2639

The Trial Warrior Blog

The Trial Warrior Blog

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

http://thetrialwarrior.com/
  • Jan 19

    Two-Year Limitation Period Applies to Enforcement of Foreign Judgments in Ontario

    Two-Year Limitation Period Applies to Enforcement of Foreign Judgments in Ontario
    The Court of Appeal for Ontario has confirmed that the 2-year limitation period under the Limitations Act, 2002 applies to enforcement of foreign judgments, subject to the discoverability principle: Independence Plaza 1 Associates, L.L.C. v.…
  • Dec 8

    Written Retainer Agreement Ousts Small Claim Court’s Jurisdiction

    Written Retainer Agreement Ousts Small Claim Court’s Jurisdiction
    If you’re an Ontario litigator and thought suing your client for fees in Small Claims Court based upon a written retainer agreement was an option, then take a read of Justice Nordheimer’s decision in Jane Conte Professional…
  • Dec 8

    Written Retainer Agreement Ousts Small Claim Court’s Jurisdiction

    Written Retainer Agreement Ousts Small Claim Court’s Jurisdiction
    If you’re an Ontario litigator and thought suing your client for fees in Small Claims Court based upon a written retainer agreement was an option, then take a read of Justice Nordheimer’s decision in Jane Conte Professional…
Rank this Week: 3459

The Velvet Hammer

The Velvet Hammer

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

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

    If at first you don’t succeed… moving to stop improper deposition objection

    If at first you don’t succeed… moving to stop improper deposition objection
    Ms. A (she of the 257 objections ) is defending another deposition.  This time of an electrical expert.  Her stream of objections has not changed course since Mr. T’s deposition. I challenge her on the record.  This…
  • Aug 19

    Is it improper to object 257 times in a deposition.

    Is it improper to object 257 times in a deposition.
    The Tale of Mr. T has one more chapter.  Following part 2 of his deposition, I am on a seminar panel for AAJ in Montreal along with Federal Judge Bennett.   He is talking about his now famous order sanctioning a national…
  • Aug 8

    Nala goes kayaking

    Nala goes kayaking
    Oh goodie.  Oh goodie.  Yay.  Yippee. We are up here at the cabin.  Am looking out the window in the living room.  Watching her carry the little blue kayak down the hill.  She is trying to mimic Sol who balances…
Rank this Week: 3914

This Week's Florida Appeals Court…

This Week's Florida Appeals Court Decisions

Provides a summary of selected civil and criminal cases. By Carlton Fields.

https://www.carltonfields.com/florida-appeals-court-decisions/
Rank this Week: 1679

Thoits Law Blog

Thoits Law Blog

Discusses important legal developments in the areas of business, employment, intellectual property, litigation, real estate, and estate planning. By Thoits, Love, Hershberger & McLean.

http://www.thoitslaw.com/blog/
  • Apr 29

    Authenticating Electronic Agreements and Signature

    Authenticating Electronic Agreements and Signature
    A new California Court of Appeal decision, Espejo v. Southern California Permanente Medical Group, elaborates on how to prove that documents signed online, digitally, are authentic, and therefore have the same effect as a handwritten…
  • Mar 9

    New Harassment Policies Required in California

    New Harassment Policies Required in California
    Employers in California should immediately review their harassment policies to ensure compliance with California's new harassment prevention regulations. California law mandates that employers have an affirmative duty to prevent harassment…
  • Apr 8

    You Really, Really Need a Shareholder Buy-Sell Agreement

    You Really, Really Need a Shareholder Buy-Sell Agreement
    ...a relatively small investment of time spent on the fundamentals can yield significant dividends in the future – and help to avoid much distress. And, the first fundamental, particularly for founders who do not anticipate seeking venture…
Rank this Week: 4701