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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: 1803

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: 4465

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 7

    Is Uploading Documents to Box the Same as Leaving Them on a Park Bench?

    Is Uploading Documents to Box the Same as Leaving Them on a Park Bench?
    If you upload files to a file sharing site (such as Box.com or Dropbox) without password protection, is it the same as leaving documents on a bench in a public square? We think not, but at least one court does. Regardless, there are…
  • Feb 20

    New Rule Will Permit Self Authentication of Electronic Evidence

    New Rule Will Permit Self Authentication of Electronic Evidence
    Although receiving far less attention than the 2015 amendments to the Federal Rules of Civil Procedure, proposed changes to federal evidence rules addressing electronically stored information (ESI) are slated for later this year.…
  • Feb 13

    That Ancient Email You Saved From 1997 Is And Will Always Be Hearsay

    That Ancient Email You Saved From 1997 Is And Will Always Be Hearsay
    Although receiving far less fanfare than the 2015 amendments to the Federal Rules of Civil Procedure, proposed changes to Federal Rules of Evidence addressing electronically stored information (ESI) are slated for December 1, 2017. The…
Rank this Week: 1817

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: 141

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: 4614

Prove My Florida Case

Prove My Florida Case

Covers Florida appellate, evidentiary, and trial perspectives and issues. By David M. Adelstein.

http://www.provemyfloridacase.com
Rank this Week: 1767

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: 2929

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: 4090

Resolving Discovery Disputes

Resolving Discovery Disputes

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

http://www.resolvingdiscoverydisputes.com/
  • 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…
  • Jan 4

    It’s Not a Discovery Device, But…

    It’s Not a Discovery Device, But…
    What discovery methods do you consider when you are strategizing about the most effective method to obtain the information you need and pin down your opponent?  If you have a contract case, think about serving a Demand for Bill of…
  • Jul 13

    Avoiding the Technical Mistakes When Drafting Written Discovery

    Avoiding the Technical Mistakes When Drafting Written Discovery
    Recently I received a telephone call from an attorney wanting to discuss whether opposing party’s objections to her special interrogatories had any merit.  Listening to the list of objections, it was clear that the opposing party…
Rank this Week: 3594

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
  • Mar 12

    Dissipation of Personal Injury Settlement

    Dissipation of Personal Injury Settlement
    Personal injury victims receiving large legal settlements may discover that within a short period of time, the money is gone. Without proper guidance, education and customized settlement planning, a financial windfall can become a financial…
  • Feb 26

    Nursing Home Residents and Litigation

    Nursing Home Residents and Litigation
    Ringler Radio host, Larry Cohen and cohost, Peter Early take on the topic of litigation when it comes to nursing home residents. Hear expert litigation manager, Christine Kehoe, at Hamlin & Burton Liability Management, discuss Medicare…
  • Feb 12

    Myth vs. Fact: The Civil Justice System

    Myth vs. Fact: The Civil Justice System
    A report on the state of the Illinois legal system from the Illinois Trial Lawyer Association reveals many misconceptions when it comes to lawyers, litigation and the civil justice system. That’s the topic of discussion on thisRingler…
Rank this Week: 215

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: 2605

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: 1288

SCOTUSblog

SCOTUSblog

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

http://www.scotusblog.com/
  • Mar 25

    Argument preview: Immigration, ineffective assistance and plea bargaining

    Argument preview: Immigration, ineffective assistance and plea bargaining
    Over 95% of criminal cases in the federal system end in a plea bargain, rather than going to trial. One such case is that of Jae Lee, who in 2009 pleaded guilty to possession of ecstasy with the intent to distribute it. Lee was sentenced to…
  • Mar 24

    Petition of the day

    Petition of the day
    The petition of the day is: Garner v. Colorado 16-857 Issue: Whether, when the actual basis for counsel’s acts or omissions was unreasonable, a court may nevertheless hold, based on an invented rationale, that defense…
  • Mar 24

    This week’s oral argument audio and transcripts now available on Oyez

    This week’s oral argument audio and transcripts now available on Oyez
    Oyez has posted audio and transcripts from this week’s oral arguments at the Supreme Court. The court heard argument this week in: Murr v. Wisconsin Howell v. Howell Microsoft Corp. v. Baker Impression Products, Inc. v. Lexmark…
Rank this Week: 13

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: 1237

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: 1576

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: 5195

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/
  • Mar 21

    9th Cir. Split: What's the Math Say?

    9th Cir. Split: What's the Math Say?
    That's the title of Vanderbilt Professor Brian Fitzpatrick's article in today's DJ. He argues that "Smaller circuits might very well make fewer outlier decisions" in "both directions" (i.e., from the left or right). He then uses math to prove…
  • Mar 20

    Appellate Tidbit

    Appellate Tidbit
    Today's Moskovitz on Appeals column is Writs: Part II, explaining that to pique an appellate court's interest in your writ petition, you should show: immediacy ("the issue must be resolved now"); a need to clarify the law; and a serious…
  • Mar 18

    Book Review: Allegiance

    Book Review: Allegiance
    As an appellate practitioner, you recognize the name Eugene Gressman, right? As in "Stern & Gressman" -- the colloquial way of referring to the SCOTUS bible/practice guide (actually titled Supreme Court Practice). Well, did you know that…
Rank this Week: 917

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/
  • Mar 20

    Making your vote count II: CSA finalizes proxy voting protocol

    Making your vote count II: CSA finalizes proxy voting protocol
    The Canadian Securities Administrators (CSA) have recently released finalized guidance and protocols for meeting vote reconciliation under CSA Staff-Notice 54-305 Meeting Vote Reconciliation Protocols (the Protocols) which are implemented on…
  • Mar 13

    Glass Lewis’ 2017 Canada Policy Guideline

    Glass Lewis’ 2017 Canada Policy Guideline
    Towards the end of last year, Glass, Lewis & Co., LLC (Glass Lewis), a leading governance and proxy voting firm, released its 2017 Proxy Paper Guidelines for Canada (the Guidelines) for the upcoming 2017 proxy season.  Although the…
  • Feb 27

    Re Hemostemix Inc: Alberta Securities Commission upholds decision of TSXV in contested private placement

    Re Hemostemix Inc: Alberta Securities Commission upholds decision of TSXV in contested private placement
    Following recent amendments to Canada’s takeover bid rules, private placements in the face of hostile bids have become newly controversial. Private placements in the context of proxy contests have received less attention. Yet this is…
Rank this Week: 2198

Structured Settlement Blog

Structured Settlement Blog

By Paul J. Lesti.

http://www.structuredsettlement.pro/
Rank this Week: 949

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/
  • Mar 3

    Lawyers and Social Media in 2017

    Lawyers and Social Media in 2017
    Here is this week's Daily Record column. My past Daily Record articles can be accessed here. ***** Lawyers and Social Media in 2017 Until recently, lawyers have been reticent to use social media, insisting that it was a passing fad. However,…
  • Feb 10

    Washington Bar Association allows virtual law office

    Washington Bar Association allows virtual law office
    Here is this week's Daily Record column. My past Daily Record articles can be accessed here. ***** Washington Bar Association Allows Virtual Law Offices The Washington State Bar Association wasn’t the first bar to consider the ethics of…
  • Jan 30

    California Bar on the ethics of blogging

    California Bar on the ethics of blogging
    Here is this week's Daily Record column. My past Daily Record articles can be accessed here. *** California Bar on the ethics of blogging Blogs have been around for over a decade now and lawyers have been blogging from the very start.…
Rank this Week: 1071

Tennessee Defense Litigation

Tennessee Defense Litigation

Covers civil defense litigation issues in Tennesee.

http://www.tennesseedefenselitigation.com/
Rank this Week: 3563

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: 1920

Texas Appellate Law Blog

Texas Appellate Law Blog

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

http://www.texasappellatelawblog.com/
  • Jan 16

    How I Learned to Stop Worrying and Love Formal Bills of Exception

    How I Learned to Stop Worrying and Love Formal Bills of Exception
    Appellate lawyers are the legal equivalent of a parent that you call to help navigate life’s uncertainties. In action, this means that appellate lawyers receive phone calls regarding obscure areas of law or rarely utilized procedures.…
  • Jan 3

    More on iPads and Appellate Argument

    More on iPads and Appellate Argument
    Happy New Year! After seeing my recent post on how I’m using my iPad Pro for appellate arguments, the good folks at the Texas Bar Journal asked if I’d like to publish a version of it in print. That version appears in the…
  • Dec 2

    Demanding a Recount: Appealing Election Challenge

    Demanding a Recount: Appealing Election Challenge
    The recent election reminded me of a brush that I had with election-related appeals. A few years ago, I fervently drafted a brief in a primary-contest appeal under a looming deadline. As I neared completion, my pregnant wife called to inform…
Rank this Week: 1738

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 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…
  • Feb 14

    Doctrine of laches (not the same as statute of limitations, but similar)

    Doctrine of laches (not the same as statute of limitations, but similar)
    LACHES DOCTRINE IS EQUITABLE IN NATURE, WHILE SOL IS STATUTORY  Laches is an equitable remedy that prevents a plaintiff from asserting a claim due to a lapse of time. Green v. Parrack,974 S.W.2d 200, 203-04 (Tex. App.-San Antonio…
Rank this Week: 380

The 10b-5 Daily

The 10b-5 Daily

Covers securities class action litigation. By Lyle Roberts.

http://www.the10b-5daily.com/
  • Feb 24

    Somebody Else Said It

    Somebody Else Said It
    Is paying someone else to make a misstatement to investors the same as making the misstatement yourself for purposes of securities fraud liability?  Two recent appellate decisions address this question and come to different conclusions…
  • Feb 10

    Compare and Contrast

    Compare and Contrast
    NERA Economic Consulting and Cornerstone Research have released their respective 2016 annual reports on federal securities class action filings.  As usual, the different methodologies employed by the two organizations have led to…
  • Jan 30

    Transparently Aspirational

    Transparently Aspirational
    Can shareholders bring a claim for securities fraud when a corporate official violates the company’s code of conduct after publicly touting the business’s high standards for ethics and compliance?  According to the U.S. Court…
Rank this Week: 2596

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: 4196

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: 1701

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: 232

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
  • Oct 28

    A light-hearted Friday post: what is the standard of music on appeal?

    A light-hearted Friday post: what is the standard of music on appeal?
    I wrote last year about In re Christopher B., case no. C077467 (3rd Dist. Sept. 28, 2015), a cautionary tale about a trial court’s “clarification” of its order (read: “void modification for lack of…
  • Sep 20

    Appellate judge Alex Kozinski addresses the dangers of unsettled science in the courtroom

    Appellate judge Alex Kozinski addresses the dangers of unsettled science in the courtroom
    Or, as the headline over Judge Kozinski’s opinion piece in today’s Wall Street Journal calls it, “voodoo science.” And what this justice on the Ninth Circuit Court of Appeals (a federal appellate court)…
  • Sep 16

    Will appeals lawyers be replaced by computers?

    Will appeals lawyers be replaced by computers?
    Technology has been displacing low-wage and less-skilled workers for a long time. Is it time for white collar professionals – including lawyers – to fear they are next? At  The American Interest blog: “Venture…
Rank this Week: 1688

the complex litigator

the complex litigator

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

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

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

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

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

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

    Analysis of Iskanian v. CLS Transportation Los Angeles LLC

    Analysis of Iskanian v. CLS Transportation Los Angeles LLC
    Next up on the update list is Iskanian v. CLS Transportation Los Angeles LLC (June 23, 2014). In Iskanian, a limousine driver filed a class action lawsuit on behalf of himself and similarly situated employees for his employer’s alleged…
Rank this Week: 824

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: 4576

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: 2254

The Courtroom Insight Blog

The Courtroom Insight Blog

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

http://blog.courtroominsight.com/
Rank this Week: 3222

The Everlaw Blog

The Everlaw Blog

Comments on law, technology, and eDiscovery.

http://blog.everlaw.com/
  • Mar 9

    The Hound of the Boilerplate Objection

    The Hound of the Boilerplate Objection
    Magistrate Judge Andrew Peck is one of the leading judges on ediscovery and a longtime Sherlock Holmes fan. Judge Peck’s opinion in the trademark and copyright case Fischer v. Forrest is a study in scarlet for those who make boilerplate…
  • Mar 8

    Everlaw Celebrates International Women’s Day

    Everlaw Celebrates International Women’s Day
    We call her The Hawke. And in honor of International Women’s Day, today we celebrate her achievements. Lisa Hawke, our Director of Policy and Compliance, is one of the most considerate people you’ll ever meet, even when strictly…
  • Mar 2

    Uploads, Productions, and Real-World Practice: a Conversation with Elevate

    Uploads, Productions, and Real-World Practice: a Conversation with Elevate
    It’s been a couple of months now since we launched Self-Serve Uploads and Productions, our biggest update of 2016. Since then, we’ve had a lot to say about the new features. (Short version: they’re really easy, really…
Rank this Week: 2021

The Everlaw Blog

The Everlaw Blog

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

http://blog.everlaw.com
  • Mar 9

    The Hound of the Boilerplate Objection

    The Hound of the Boilerplate Objection
    Magistrate Judge Andrew Peck is one of the leading judges on ediscovery and a longtime Sherlock Holmes fan. Judge Peck’s opinion in the trademark and copyright case Fischer v. Forrest is a study in scarlet for those who make boilerplate…
  • Mar 8

    Everlaw Celebrates International Women’s Day

    Everlaw Celebrates International Women’s Day
    We call her The Hawke. And in honor of International Women’s Day, today we celebrate her achievements. Lisa Hawke, our Director of Policy and Compliance, is one of the most considerate people you’ll ever meet, even when strictly…
  • Mar 2

    Uploads, Productions, and Real-World Practice: a Conversation with Elevate

    Uploads, Productions, and Real-World Practice: a Conversation with Elevate
    It’s been a couple of months now since we launched Self-Serve Uploads and Productions, our biggest update of 2016. Since then, we’ve had a lot to say about the new features. (Short version: they’re really easy, really…
Rank this Week: 920

The Expert Institute Blog

The Expert Institute Blog

Covers legal and financial issues related to expert witnesses.

http://www.theexpertinstitute.com/blog/
  • Mar 21

    The Fairness in Class Action Litigation Act of 2017 – A New Role for Expert Witnesses?

    The Fairness in Class Action Litigation Act of 2017 – A New Role for Expert Witnesses?
    Class actions may be brought for a variety of reasons, from plaintiffs who have been injured by pharmaceutical... Read More The post The Fairness in Class Action Litigation Act of 2017 – A New Role for Expert Witnesses? appeared first…
  • Mar 21

    Using Biomechanics to Support or Refute a Seat Belt Defense

    Using Biomechanics to Support or Refute a Seat Belt Defense
    Whether upholding or challenging a seat belt defense, a biomechanical engineer can help evaluate and demonstrate the validity... Read More The post Using Biomechanics to Support or Refute a Seat Belt Defense appeared first on The Expert…
  • Mar 14

    Progress in Talcum Powder Multidistrict Litigation

    Progress in Talcum Powder Multidistrict Litigation
    Originally published on Mass Tort Nexus Dozens of talcum powder lawsuits filed on behalf of women who allegedly... Read More The post Progress in Talcum Powder Multidistrict Litigation appeared first on The Expert Institute.
Rank this Week: 701

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/
  • Feb 16

    Just Published: “A Good Fit”

    Just Published: “A Good Fit”
    February 16, 2017 – Proud to announce the recent publication of “A Good Fit,” an article I co-authored for Workers’ Compensation (WC), a quarterly periodical of CLM Publishing. Subtitled “Structured settlements…
  • Jan 23

    With Friends Like These . . .

    With Friends Like These . . .
    January 23, 2017 – As a post-settlement income planning specialist for more than 25 years, I have countless examples of situations where clients anticipating large sums of money improved their lives greatly by choosing to allocate some…
  • Jan 20

    The S&P 500 by President

    The S&P 500 by President
    January 20, 2017 – On Inauguration Day, here’s a little financial food for thought as you contemplate your own financial future and the decisions you’ll be making over the next few years. Twelve of the last fourteen…
Rank this Week: 1955

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
  • 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…
  • Oct 19

    Is it Possible to “Unstrike” a Potential Juror?

    Is it Possible to “Unstrike” a Potential Juror?
    After he finished his voir dire questions, a lawyer used his last peremptory strike on one of the remaining jurors. The jury panel was then accepted by his opponent. Before the jury was sworn, the lawyer asked the judge to…
Rank this Week: 1677

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: 2518

The Jury Room

The Jury Room

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

http://keenetrial.com/blog
  • Mar 20

    Simple Jury Persuasion: The SPOT (Spontaneous Preference  for Own Theories) effect 

    Simple Jury Persuasion: The SPOT (Spontaneous Preference&nbsp; for Own Theories) effect&nbsp;
    It’s been a while since we’ve had a new cognitive bias to share with you. Previously we’ve blogged on many different biases and here are a handful of those posts. Today’s research paper combines three biases—two…
  • Mar 17

    Don’t do this at work, beards, ear worms, narcissists, &  discarding advances in knowledge

    Don&rsquo;t do this at work, beards, ear worms, narcissists, &amp;&nbsp; discarding advances in knowledge
    Here’s another this-and-that post documenting things you need to know but that we don’t want to do a whole post about–so you get a plethora of factoids that will entertain your family and entrance your co-workers. Or at…
  • Mar 15

    So…how do you see or hear “smart” in voir dire? 

    So&hellip;how do you see or hear &ldquo;smart&rdquo; in voir dire?&nbsp;
    After we published that “molecular genetics overlap” post showing curiosity is found in smart people—one of our readers asked exactly how you “see” smart during voir dire. The question was posed on Twitter but…
Rank this Week: 369

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: 1818

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: 3528

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: 4044

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: 4739

Tort Talk

Tort Talk

Provides updates and trends in Pennsylvania civil litigation law. By Daniel E. Cummins.

http://www.torttalk.com/
Rank this Week: 4070