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Jurisdiction and Venue
Products Liability Toxic Torts: The Foreign Plaintiff, by
Diane E. Lifton and Michelle M. Bufano.
The plaintiffs in these cases, however, were no ordinary plaintiffs, but residents of England and Wales, and the result was due to the application of the doctrine of forum non conveniens. As discussed more fully below, the court granted the forum non conveniens dismissals due in large part to public interest factors that weighed in favor of dismissal.
Non-Specific.
2 pages. Written:
2007. Added:
12-01-2010.
New Jersey Law Journal
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Practice Management
The ABCs of Cloud-Based Practice Tools, by
Joshua Poje.
SaaS is a model that holds appeal for many lawyers for a variety of reasons. While there are some potential pitfalls, as long as lawyers perform due diligence and make smart choices, they may find that the benefits outweigh the risks in some practices. The emergence of multiple cloud-based offerings for the legal market has created an explosion of options and innovations, which will ultimately benefit the end-users—and their clients as well.
Non-Specific.
5 pages. Written:
2009. Added:
1-15-2010.
Law Practice Today
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e-Discovery
Producting ESI: Taking the Pains Out of Production, by
Julie Brown.
Article discusses typical pain points in ESI discovery and how to address proactively.
Non-Specific.
6 pages. Written:
2009. Added:
1-15-2010.
Litigation Support today
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Intellectual Property
Fundamental Principles of Trade Secret Law and Litigation, by
William M. Parrish, H. Carl Myers.
In a nutshell, a trade secret is information that has
commercial value to a business that is kept reasonably
confidential. This article is intended to be a brief overview of the highlights of fundamentals of trade secret law and trade secret litigation.
Texas.
23 pages. Written:
2007. Added:
1-10-2010.
texasbarcle.com
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Intellectual Property
Sony v. Tenenbaum: There Are Limits To Fair Use Defense In Copyright Infringement Cases, by
Ben Scheffner.
Analyzes court ruling on application of fair use doctrine to allegedly illegal music file sharing.
Federal.
4 pages. Written:
2009. Added:
10-29-2009.
Organization publication
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Government
Targeting Election Fraud Incentives: “State Solicitation Of Registration” Laws Are Constitutional, by
Kimberly S. Loontjer.
Explains why state election boards have the constitutional authority to prohibit some forms of voter registration.
Federal.
4 pages. Written:
2009. Added:
10-29-2009.
Organization publication
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Product Liability and Mass Tort
A Lawyer's Role in Product Liability Prevention, by
Kenneth Ross.
Before the accident or the filing of a lawsuit, a lawyer has a significant but underused role in prevention. The goal of any prevention program is twofold: First, minimize the potential of an incident from occurring; second, provide a good defense if the incident occurs.
Non-Specific.
3 pages. Written:
2007. Added:
9-26-2009.
In-House Litigator
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Marital and Family
Waiver of Alimony in the USA, by
Dr. Standler.
History in USA of allowing waivers of alimony and/or APL in a prenuptial contract.
Non-Specific.
65 pages. Written:
2009. Added:
9-22-2009.
Firm Publication
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Intellectual Property
Ideas Not Copyrightable, by
Dr. Ronald Standler.
History of legal rule that copyright does not protect ideas. Explains idea-expression merger. Compares patent and copyright law.
Federal.
79 pages. Written:
2009. Added:
9-07-2009.
Firm Publication
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Intellectual Property
Copyright Protection for Nonfiction or Compilations of Facts in the USA, by
Dr. Standler.
Historical development of the rule that copyright does not protect facts. Includes judicial remarks that copyright protects "labor, skill, and expense" of authors. Discusses unfair competition for misappropriate of author's labor.
Non-Specific.
87 pages. Written:
2009. Added:
9-07-2009.
Firm Publication
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Insurance
The Whole Truth and Nothing but the Truth: Misrepresentation and Concealment, by
Richard D. Gable, Jr. and James R. Lloyd.
The purpose of this paper is to outline the resources available to the insurance carrier and counsel in combating insurance fraud and to provide an overview of the case law relevant to the application of anti-fraud provisions and statutes.
Non-Specific.
18 pages. Written:
2006. Added:
9-01-2009.
gibbonslaw.com
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Insurance
Directors And Officers Liability Insurance And Subprime Mortgage Crisis Related Litigation, by
John T. Wolak and Andrew B. Smith.
The inevitable, and presently occurring, increase in litigation arising out of the subprime mortgage crisis will have wide-ranging effects on many businesses. One way a company can properly brace itself for this litigation onslaught or any risk of litigation is to understand the nature and extent of its Directors and Officers (“D&O”) insurance coverage.
Non-Specific.
2 pages. Written:
2008. Added:
9-01-2009.
The Metropolitan Corporate Counsel, Inc.
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Legal Research
Ten Tips to Torture-Free Legal Writing for Paralegals, by
Lisa M. Newman.
Legal writing can be intimidating for the most seasoned legal professional. Approaching your next legal writing assignment does not need to be a daunting experience if you can remember this pneumonic device:
Every Outstanding Paralegal Knows How to Write Well and Effectively.
Non-Specific.
5 pages. Written:
2009. Added:
8-31-2009.
Law Firm
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e-Discovery
Project Management in eDiscovery, by
Browning Marean.
The presentation breifs on following points:
Conduct litigation hold strategy meeting
Determine scope of hold
Determine recipients of hold
Coordinate with HR re incoming/departing employees subject to hold
Determine if third parties have relevant data
Determine if computer forensics implicated
Non-Specific.
17 pages. Written:
2008. Added:
8-30-2009.
Anacomp
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Legal Research
If You Can't Beat 'Em, Train 'Em: How Lawyers Conduct Legal Research, by
Sarah Palmer, M.S. .
In this article we will examine when attorneys are conducting online research, what sources they are accessing electronically, how training can boost search results and, finally, provide suggestions for managing the output generated by online legal research.
Non-Specific.
1 pages. Written:
2006. Added:
8-30-2009.
Legal Information Alert
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Commercial
Ask the Lawyer: Enforcing Personal Guaranties, by
Charles Schoenwetter and Michael A. Montgomery.
Enforcing personal guaranties is not always a slam dunk. Although lenders draft these documents to be air-tight, there are many valid defenses that may allow an individual to escape personal liability under a contract of guaranty. The information in this article is intended to familiarize you with the way to determine whether a personal guaranty is enforceable.
Non-Specific.
1 pages. Written:
2008. Added:
8-15-2009.
nbnnews.com
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Evidence
Top Ten Tips for Creating Professional Trial Presentations Using PowerPoint, by
Ted Brooks.
Delivering an opening statement or closing argument without any visual
accompaniment could certainly can confuse or at least fail to impress no
matter how eloquent or good looking you are. On the other hand, over-thetop
or excessively flashy presentations could have a negative effect as well.
A safe, but effective, approach is to use designs and colors proven over
time in the courtroom, bearing in mind that the media is not the message.
As long as it looks and feels like it belongs in court, the jury will accept and
appreciate it.
Non-Specific.
4 pages. Written:
2009. Added:
7-22-2009.
TechnoLawyer
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Alternative Dispute Resolution
Alternative Dispute Resolution, by
Kshitiz Karjee.
ADR mechanism in the era of globalisation
Non-U.S..
2 pages. Written:
2009. Added:
7-22-2009.
Law.com
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Practice Management
Working Outside of the Office Has Never Been So Easy, by
Barron Henley.
Mobile technology can be loosely defined as any device or service that allows you to store, access, modify or organize information without requiring you to be at any particular location. These technologies provide lawyers with an enormous array of possibilities for working from almost any location.
Non-Specific.
4 pages. Written:
2008. Added:
7-21-2009.
Ohio State Bar Association
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e-Discovery
Lifting the Burden of E-Discovery, by
Jim McGann .
As methods of electronic communication continue to grow and expand, organizations have come to realize the importance of protecting saved data. To facilitate this, IT departments have implemented backup recovery solutions, usually in the form of tapes that are stored offsite for safekeeping.
Non-Specific.
1 pages. Written:
2008. Added:
7-20-2009.
iltanet.org
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Product Liability and Mass Tort
Pharmaceutical and Medical Device Product Liability Litigation: Changing Strategies in the Mass Tort Era, by
Diane E. Lifton.
Article discusses approaches in handling mass tort litigation, including risk management, assessing a client's case, research, documentation, developing case theory, dealing with bad facts, the decision to settle or litigate, setting client expectations and unique challenges of pharmaceutical litigation.
Non-Specific.
17 pages. Written:
2006. Added:
7-06-2009.
Aspatore Books
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e-Discovery
Considering Meet and Confer, by
Orange Legal Technologies.
Provides both a general overview of Federal Rule of Civil Procedure 26(f) and planning considerations for the practical application of “Meet and Confer” requirements, “Considering Meet and Confer” contains notes, articles and references to help educate and support legal, litigation support and information technology professionals as they consider “Meet and Confer”.
Federal.
44 pages. Written:
2009. Added:
7-01-2009.
Firm Publication
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Litigation Support
The Role of the Project Manager in Litigation Support, by
Nan Jefferies.
Project management in litigation support offers many advantages starting with a single point of contact or control on each case or project. The first benefit of this single point of control is in the area of communications. A good litigation support project manager should be fluent in both legalese and "geek speak" and should be able to transition easily from one to the other.
Non-Specific.
1 pages. Written:
2008. Added:
6-30-2009.
iltanet.org
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e-Discovery
Technology Tips for Reducing EDD Review Costs, by
William E. Mooz, Jr..
Both case law and recent changes to the Federal Rules of Civil Procedure make clear that electronic data is fair game in discovery and impose strict requirements around its preservation and production. The largest component of EDD costs by far is attorney review. Analysts estimate that corporations spend between $10 billion and $15 billion per year on attorney review, and many corporate legal departments report that attorney review of electronic data now represents the single largest line item on their budgets.
Non-Specific.
3 pages. Written:
2007. Added:
6-29-2009.
LJN’s Legal Tech Newsletter
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Litigation Support
Cull Your Original Collections Before Processing, by
Kevin Carr.
Determining document relevancy presented an inescapable burden to litigators long before the era of electronic data discovery (EDD) and e-Disocvery. While originating in paper environments with manual processes, the burden of determining document relevancy has continued to grow even with the advent of new technologies and automated processes. More than ever, legal and IT professionals are reminded of this burden as they face audits, investigations and litigation.
Non-Specific.
1 pages. Written:
2008. Added:
6-22-2009.
iltanet.org
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Evidence
Custodian Self-Collection - The Challenges and Consequences, by
Jack Halprin.
While custodian self-collection seems logical, as custodians should know where their documents and electronically-stored information (ESI) are located, unfortunately it has not found much favor in the courts. To address the challenges and consequences associated with custodian self-collection, counsel should consider employing a systemized, repeatable and defensible enterprise-wide process to reduce the risk of spoliation during collections.
Non-Specific.
1 pages. Written:
2008. Added:
6-22-2009.
iltanet.org
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Personal Injury
How To Interview Clients, by
Ellsworth T. “Derry” Rundlett III.
This article introduces a new, regular feature that will cover a variety of topics in a how-to format. Each article will be written by an expert and walk you step-by-step through the topic discussed. When your firm receives the first telephone call, the object is to put the client at ease and elicit confidence in the attorney and the firm. This easily can be done if you follow the simple format outlined in this article.
Non-Specific.
1 pages. Written:
2008. Added:
6-22-2009.
legalassistanttoday.com
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Evidence
Authenticating Digital Evidence, by
Stephen Mason.
Proving the authenticity of records initially concerned the integrity of paper-based records, but today it includes records in digital format used in e-discovery. Several factors must be taken into account when laying the evidential foundations for submitting evidence in digital format into U.S. courts.
Non-Specific.
1 pages. Written:
2008. Added:
6-22-2009.
iltanet.org
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Ethics
Charitable Fund-Raising by Judges: The Give and Take of the 2007 ABA Model Code of Judicial Conduct, by
Ray McKoski.
This article discusses and evaluates the ethical restrictions placed upon a judge's participation in the fund-raising activities of charitable, civic, fraternal, religious, and law-related organizations.
Non-Specific.
72 pages. Written:
2008. Added:
6-08-2009.
Michigan State Law Review
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e-Discovery
The Cloud: Tomorrow's EDD Challenge, by
Nolan M. Goldberg and Sharada Devarasetty.
There is inherent risk in relying on the expertise, manpower, and collection and preservation tools of a third party to achieve a task, where the consequences of failure may be significant, particularly when the third party is not under the same litigation-driven pressures. Cloud computing represents a departure from traditional IT models with an as yet unclear e-discovery impact. Understanding the issues raised by this emerging trend, even in the absence of all of the answers, allows us as lawyers to advise our clients how to best manage the risks inherent in these projects.
Non-Specific.
3 pages. Written:
2009. Added:
6-07-2009.
Law.com > Legal Technology > Software
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e-Discovery
e-Discovery & Preservation Obligations - Getting Ahead of the Game!, by
Mary Mack, Esq.
Legal holds and preservation are the hot topic at most of the electronic discovery conferences these days. When faced with anticipated or pending litigation or government investigations, corporations have an obligation to preserve potentially relevant evidence, specifically preventing spoliation or the willful or inadvertent destruction or alteration of relevant documents.
Non-Specific.
4 pages. Written:
2009. Added:
6-03-2009.
FindLaw.com
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e-Discovery
Considering Meet and Confer? The Practical Application of Federal Rule 26(f), by
Rob Robinson.
An overview of the practical application of Federal Rule 26(f), including understanding the meet and confer, electronically stored information, electronic discovery tasks, meet and confer tasks, and translating understanding into execution
Federal.
38 pages. Written:
2009. Added:
6-01-2009.
Orange Technologies
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Practice Management
Six common Pitfalls to Change, by
Carla Schnitker.
If you're serious about transforming your law firm, odds are high you have a number of obstacles to conquer. Here are pointers for overcoming the most common pitfalls that managing partners encounter in implementing change.
Non-Specific.
2 pages. Written:
2009. Added:
6-01-2009.
Law Practice Magazine
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e-Discovery
e-Discovery & Preservation Obligations - Getting Ahead of the Game!, by
Mary Mack, Esq.
Legal holds and preservation are the hot topic at most of the electronic discovery conferences these days. When faced with anticipated or pending litigation or government investigations, corporations have an obligation to preserve potentially relevant evidence, specifically preventing spoliation or the willful or inadvertent destruction or alteration of relevant documents.
Non-Specific.
4 pages. Written:
2009. Added:
5-31-2009.
FindLaw.com
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Criminal Procedure
Dealing With Experts on Competence to Stand Trial: Suggestions and Approaches -- Part Two, by
John T. Philipsbrn.
A legitimate question can arise about how influential these organizational ethical principles are to an expert who professes not to belong to a given organization. Nevertheless, both in decisions of reviewing courts on constitutional law and criminal procedure issues, as well as in civil case decisions pertinent to practice and malpractice by psychologists and psychiatrists, courts have made reference to the predominant ethical codes and standards of practice of the dominant organizations.
In addition to the general standards of practice and generalized ethical standards pertinent to the mental health professions, there are a number of standards that govern in the arena of competence to stand trial assessments.
Non-Specific.
1 pages. Written:
2008. Added:
5-30-2009.
nacdl.org
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e-Discovery
E-Discovery Update: Revisiting ESI Agreements and Court Orders, by
Conrad J. Jacoby.
Assessing the Significance of In re Fannie Mae is a reminder that quality of lawyering can make or break a case. In re Fannie Mae should remind practitioners yet again that unqualified representations and statements in e-discovery practice are a poor strategy—and that it can be difficult if not impossible to recover from such hard and fast positions once they have been asserted.
Non-Specific.
2 pages. Written:
2009. Added:
5-29-2009.
LLRX.com
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e-Discovery
Listen Up and Discover Audio Recordings, by
By Michael Swarz.
Audio recordings are now clearly part of the ESI environment. As a result, they are now naturally subject to the same production and preservation requisites as other forms of ESI. IT professionals must develop and efficiently implement procedures that will be able to pinpoint, review and produce sound files upon request. These maneuvers will enable their company to wade effectively through the previously uncharted ESI waters that are: Audio e-discovery
Non-Specific.
4 pages. Written:
2009. Added:
5-15-2009.
Law.com
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Alternative Dispute Resolution
Mixing International Arbitration With U.S. Discovery, by
Michael G. Biggers.
A United States court decision highlights the opportunities and pitfalls associated with the potential use of U.S.-style discovery and e-discovery to obtain materials for use in international arbitrations. This represents an additional subject to be considered both in advising foreign clients as to drafting clauses agreeing to international arbitration and in conducting such arbitrations.
Non-Specific.
4 pages. Written:
2009. Added:
5-12-2009.
Law.com
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e-Discovery
Understanding the Limitations of Keyword Search, by
Conrad J. Jacoby.
Keyword search remains an important starting point for most document review projects and for legal professionals who must quickly get an approximate sense
of the potentially relevant documents within a collection. Increasingly, however, keyword search must be viewed as only one of several tools for identifying
relevant documents. Relying exclusively on keyword search, especially in light of
new tools and increasingly educated judges and opponents, runs the risk of
mismanaging a key part of litigation fact discovery to the grave detriment of the
client.
Non-Specific.
5 pages. Written:
2009. Added:
5-02-2009.
Web Site
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e-Discovery
Corporations of All Sizes Bringing E-Discovery Processing In-house, by
Dan Regard and Robert Childress.
Corporations are seeking ways to simplify the electronic
discovery process, lower their costs, and apply
their internal technology and staff to long-term, predictable
problems. But legal needs vary among corporations.
Your decision whether to outsource or to conduct
e-discovery in-house should be based on your unique
situation—your internal resources and litigation needs.
Non-Specific.
3 pages. Written:
2009. Added:
4-05-2009.
BNA
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Ethics
Protecting Client Confidences And Your Practice, by
Joe Kashi .
Recent University of California-Berkeley data suggests that somewhere between 95% and 98% of all business records are originally electronic records produced and stored on personal computers and similar devices, and thus vulnerable to prying. That statistic, along with concerns about hacking, identity theft, our heavy reliance upon the Internet and the daily bombardment of computer viruses, spyware, and other sneaky malicious software, are a strong caution to attorneys as regards protection of client interests. The problem with electronic data security is that it’s usually either too little or too much. Striking the right balance between ease of use and Fort-Knox style security is difficult, particularly with wireless networks and broadband Internet connections.
Non-Specific.
3 pages. Written:
2009. Added:
4-05-2009.
Law Practice Today
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Computer Forensics
The Internet Can Save Your Life, by
Brett Shavers & Ron Godfrey.
Discusses Browsers, Forensic Tool Kit, Passcape Tools, and NetAnalysis. Since Windows seems to run the world in OS’s, we’ll be talking mostly about artifacts found on Windows’ systems.
Non-Specific.
157 pages. Written:
2008. Added:
4-05-2009.
slideshare.net
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Criminal Procedure
Representing a Client Charged With Violating Conditions of Supervised Release--Part Two, by
Douglas A. Morris.
Chapter Seven, like the balance of the Sentencing Guidelines after Booker, merely suggests the appropriate sentence and the district court need not follow those suggestions. In fact, Chapter Seven, which is a policy statement, appears to continue to have some lower value than the portions of the Sentencing Guidelines that are “true” Guidelines, even though the remedial portion of Booker held that the entire Sentencing Guidelines are advisory.
Non-Specific.
1 pages. Written:
2006. Added:
4-05-2009.
nacdl.org
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Criminal Procedure
Representing a Client Charged With Violating Conditions of Supervised Release--Part I, by
Douglas A. Morris.
Probationers and those who serve a term of supervised release are similar because they both report to a probation officer, the violation reports are the same, and the district court will consider Chapter Seven of the Sentencing Guidelines when determining the appropriate sentence. As to the distinction between the two, “probation is imposed instead of imprisonment, while supervised release is imposed after imprisonment.”
Non-Specific.
1 pages. Written:
2006. Added:
4-05-2009.
nacdl.org
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Criminal Procedure
Dealing With Experts on Competence to Stand Trial: Suggestions and Approaches -- Part Two, by
John T. Philipsbrn.
Indeed, the AMA and several states have discussed expert medical testimony as a form of medical practice. This is an important development, as it emphasizes the concern for adherence to standards. In addition to the general standards of practice and generalized ethical standards pertinent to the mental health professions, there are a number of standards that govern in the arena of competence to stand trial assessments.
Non-Specific.
1 pages. Written:
2008. Added:
4-04-2009.
nacdl.org
|
|
Computer Forensics
Data Collection Overview of Data Collection Methodologies, by
Brett Shavers and Bill Nelson.
Topics briefed are: File Copying, Forensic Imaging, Software Applications Hardware Tools, Problematic Situations, Quick Word on Hashing and MD5 Hash.
Non-Specific.
1 pages. Written:
2008. Added:
4-04-2009.
slideshare.net
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Criminal Procedure
Challenging Pretrial Lis Pendens on Substitute Property, by
Richard L. Holcomb; David B. Smith.
The filing of lis pendens and procedures to challenge lis pendens are governed by the law of the state in which the property is located. Thus, the procedures obviously vary from state to state. Absent restraint on the government’s action from the federal courts, a lawyer could be forced to travel from state to state challenging various lis pendens filings. The matter is further complicated by the fact that the defendant and the lawyer may never know that a lis pendens has been filed. In United States v. Parrett, the government filed the lis pendens without notifying the defendant that the lis pendens had been filed.
Non-Specific.
1 pages. Written:
2008. Added:
4-03-2009.
nacdl.org
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Criminal Procedure
Daubert Challenges to Experts in Federal Criminal Cases: An Overlooked Defense, by
Michael A. Morse; Alexandra C. Gaugler.
In our experience, mounting a Daubert challenge to the government’s expert is an essential part of a zealous, effective defense. Besides the potential for knocking out or limiting a key government witness, a thoughtful Daubert challenge can: (1) provide crucial insight into the government’s case; (2) expose weaknesses in the government’s theory; and (3) lock in the testimony of the government’s witness.
Non-Specific.
1 pages. Written:
2007. Added:
4-03-2009.
nacdl.org
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Criminal Procedure
A Practitioner's Guide to The Crack Retroactivity Amendment: Overcoming the Many Obstacles to Justice, by
Anne E. Blanchard; Sarah S Gannett.
This article discusses the adoption of the retroactivity amendment and litigation strategies for ensuring that your clients receive the maximum possible benefit under it. Beware, however, because the landscape surrounding the retroactivity amendment is changing quickly and frequently.
Non-Specific.
1 pages. Written:
2008. Added:
4-02-2009.
nacdl.org
|
|
Criminal Procedure
The Stored Communications Act and Private E-Mail Communications, by
Martin C. Weinberg; Robert M. Goldtsein.
This article will discuss the relevant statutory sections, how and why the government’s use of the Act violates the Fourth Amendment and contradicts the Supreme Court’s well-seasoned “closed container” jurisprudence, and why the government’s arguments to the contrary are not persuasive. We will utilize the facts and arguments presented in Warshak for contextual flavor, as well as a paradigm to demonstrate the government’s narrow view of the Fourth Amendment and its expansive use of the SCA.
Non-Specific.
1 pages. Written:
2007. Added:
4-01-2009.
nacdl.org
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