Federal Litigation

This Note discusses the threshold requirement that private plaintiffs have antitrust standing to sue for violations of the antitrust laws. In particular, this Note explains the test for antitrust injury and other factors used to determine whether a private individual or entity is an appropriate plaintiff to sue for damages or injunctive relief under the Clayton Act.

A Practice Note discussing the key issues to consider in determining whether an attorney-client communication is confidential and therefore potentially within the scope of the attorney-client privilege.

A Practice Note discussing the key issues to consider in determining whether the content of an attorney-client communication concerns matters potentially within the scope of the attorney-client privilege.

A step-by-step guide to drafting a federal court complaint and preparing the other case initiating documents according to the Federal Rules of Civil Procedure (FRCP). Specifically, this Practice Note explains how to draft the caption, demand a jury trial, structure the body of the complaint and comply with federal pleading standards (including pleading standards under the Supreme Court's Twombly and Iqbal decisions, pleading facts based on information and belief and pleading foreign law and special matters with particularity). This Note also explains how to prepare the other case initiating documents, including the summons, Rule 7.1 disclosure statement and civil cover sheet.

A Practice Note explaining the key issues that plaintiff's counsel should consider before commencing a lawsuit in federal district court. These issues include the merits and cost of litigation, the ability of the plaintiff to collect on a judgment, whether a pre-suit notice letter must or should be sent, identifying the necessary and indispensible parties, the bases for federal subject matter jurisdiction, obtaining personal jurisdiction over non-resident defendants, determining proper venue and the defendant's potential affirmative defenses and counterclaims.

A Practice Note discussing transactions that are not reportable under the Hart-Scott-Rodino (HSR) Act. Merger enforcement of consummated deals continues to increase but it is difficult to focus clients on antitrust risks of deals that are not reportable under the HSR Act. This Note offers both client management suggestions and strategies for dealing with non-HSR reportable transactions.

A Practice Note discussing the key issues employers face in defending wage and hour collective actions brought under Section 16(b) of the Fair Labor Standards Act (FLSA) (29 U.S.C. § 216(b)). This Note also covers state-law class actions brought under Rule 23 of the Federal Rules of Civil Procedure (FRCP). For more information on state law wage and hour requirements, see the State Q&A Tool under Related Content to the right.

A Practice Note setting out the key issues that counsel must consider before noticing the deposition of a party or non-party in federal civil litigation under Federal Rule of Civil Procedure (FRCP) 30. Specifically, this Note explains who may be deposed, when depositions may be noticed, when leave of court is required to take a deposition, where the deposition may take place and how to prepare and serve the notice of deposition.

A Practice Note explaining what a deposing attorney should do before, during and after the oral examination of a non-expert witness in federal civil litigation. This Note discusses what to do before the deposition, who can and cannot attend the deposition, the role of the court reporter and videographer, deposition etiquette, proper and improper objections during a deposition, what to do before ending the deposition and steps to take after the deposition has concluded. 

This Note discusses the structure and content of a request for the production of documents (RFP), including tips for drafting definitions, instructions and specific document requests.  This Note also discusses how to properly serve a document request. 

This Note discusses how counsel can prepare to review documents received in response to a request for the production of documents (RFP), including improving efficiency by using vendors, identifying and training a document review team, and the steps to take when documents are received.  This Note also provides tips on how counsel should prepare for and manage the document review, including developing issue tags for document coding, drafting a document review protocol, working with a document review team and organizing documents as they are reviewed. 

This Practice Note explains the key issues counsel should consider when drafting a document retention or recordkeeping policy, also called an information management policy or a records maintenance policy.

A Practice Note covering the main issues that come up when e-filing through the Case Management/Electronic Case Filing (CM/ECF) system in federal district court. Specifically, this Note explains who can e-file, what documents should be e-filed, how e-filing may affect your filing deadline and how to handle problems that may arise during the e-filing process.

A Practice Note examining the special rules and procedures that may apply when e-filing certain kinds of documents in federal district court. Among other things, this Note covers the rules that typically apply when e-filing complaints (and other case-initiating documents), notices of appeal, motions, documents under seal and various miscellaneous documents such as notices of appearance and Rule 7.1 disclosure statements.

This Note discusses single plaintiff employment discrimination litigation under Title VII of the Civil Rights Act of 1964 (Title VII), the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), the Genetic Information Nondiscrimination Act (GINA), the Uniformed Services Employment and Reemployment Rights Act (USERRA), Section 1981 of the Civil Rights Act of 1866 (Section 1981) and the Equal Pay Act (EPA). It addresses various stages of the case, including pleadings, discovery, dispositive motions, trial and settlement. This Note specifically addresses federal law, but it also is useful for cases pending in state courts.

This Practice Note addresses the end of the briefing process in appeals to the US Court of Appeals for the Federal Circuit from an order or judgment of a federal district court, the US Court of International Trade or the US Court of Federal Claims. The Note explains the content, formatting, service and filing requirements for appellees' briefs and reply briefs. It also addresses mandatory settlement discussions that are part of the Federal Circuit briefing process. Finally, the Note explains how parties may submit supplemental authorities (by means of so-called FRAP 28(j) or Rule 28(j) letters).

This Practice Note addresses the beginning of the briefing process in appeals to the US Court of Appeals for the Federal Circuit from an order or judgment of a federal district court, the US Court of International Trade or the US Court of Federal Claims. The Note explains the briefing schedule in the Federal Circuit, the process for extending or expediting the schedule and the sanctions parties may incur if they do not comply with the schedule. The Note also explains the content, formatting, service and filing requirements for an appellant's brief.

This Practice Note explains the procedure for commencing an appeal to the US Court of Appeals for the Federal Circuit from an order or judgment of a federal district court, the US Court of International Trade or the US Court of Federal Claims. The Note addresses preliminary considerations, taking an appeal as of right and petitioning for permission to appeal.

This Practice Note addresses the process between initiation and briefing in an appeal to the US Court of Appeals for the Federal Circuit from an order or judgment of a federal district court, the US Court of International Trade or the US Court of Federal Claims. The Note covers using the Federal Circuit's case management/electronic case filing (CM/ECF) system, ordering trial court transcripts, preparing the record on appeal and filing entries of appearance, certificates of interest and docketing statements. The Note also explains the Federal Circuit's mandatory mediation program.

An introduction to the basic concepts of accounting and financial reporting, including the organization and line items of the basic financial statements (the balance sheet, income statement and statement of cash flows).

A Practice Note setting out the key issues that attorneys should consider to ensure their litigation documents are properly formatted. Specifically, this Note examines requirements under the Federal Rules of Civil Procedure (FRCP) and the local rules of several US federal district courts relating to captions, signatures and other general formatting issues.

This Practice Note explains the key issues to consider when selecting and preparing a corporate representative to testify under Federal Rule of Civil Procedure 30(b)(6). This Note further discusses how to successfully defend a Rule 30(b)(6) deposition.

A Practice Note discussing the key issues that companies should consider when instituting a litigation hold and the potential consequences of failing to implement one appropriately.

A Practice Note examining the most commonly used methods available for taking evidence in the US in aid of a non-US proceeding, including providing evidence voluntarily and compelling discovery through diplomatic channels and pursuant to 28 U.S.C. § 1782, which allows litigants or other interested persons to request a district court to order discovery from a person or entity that is located in the district in which the court sits.

A Practice Note analyzing the key issues to consider when serving process on a defendant outside the US under the 1965 Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (Hague Service Convention).

A Practice Note analyzing the key US federal laws governing cross-border service of process.

This Note examines the key issues counsel should consider when litigating the attorney-client privilege and work product doctrine, including the role of the court, appellate review, the availability of discovery and the sources of law for the attorney-client privilege and work product protection.

A Practice Note describing issues counsel should consider when drafting a motion to dismiss under Rule 12 of the Federal Rules of Civil Procedure (FRCP). This Note describes the pre-motion requirements and the necessary papers.  This Note also discusses serving and filing the motion, opposition and reply. 

This Practice Note addresses the setting of briefing schedules and the preparation and submission of appellants' briefs in appeals to the US Court of Appeals for the Ninth Circuit from a federal district court's order or judgment in a civil action. The Note explains how the Ninth Circuit schedules the parties' briefs, how the parties may obtain extensions of the schedule and what sanctions they may incur if they fail to comply with the schedule. The Note also explains the content, formatting, service and filing requirements for an appellant's brief.

This Practice Note explains the preparation and submission of the excerpts of record in appeals to the US Court of Appeals for the Ninth Circuit from a federal district court's order or judgment in a civil action. The excerpts of record replace the appendix in the Ninth Circuit. The Note explains the content, formatting, service and filing requirements for the excerpts. The Note also explains how parties may submit supplemental excerpts of record and further excerpts of record.

This Practice Note addresses motion practice in appeals to the US Court of Appeals for the Ninth Circuit from a federal district court's order or judgment in a civil action. The Note also covers voluntary discontinuance of an appeal.

This Practice Notes addresses the process between initiation and briefing in an appeal to the US Court of Appeals for the Ninth Circuit from a federal district court's order or judgment in a civil action. The Note covers using the Ninth Circuit's case management/electronic case filing (CM/ECF) system, ordering district court transcripts, preparing the record on appeal and filing mediation questionnaires and notices of appearance. The Note also explains the Ninth Circuit's mandatory mediation program.

This Note discusses the doctrine of piercing the corporate veil, primarily in the context of the parent-subsidiary relationship. It explains the two primary arguments used to prove piercing claims, the alter ego theory and the agency theory, and examines what parent companies can do to limit their exposure to the liabilities of their subsidiaries.

A Practice Note addressing the process of appealing an order granting or denying preliminary injunctive relief. Specifically, this Note guides counsel through determining whether an appeal may be taken, the procedure for taking an appeal and the standard of review applied by the appellate court.

A Practice Note addressing the process of applying for preliminary injunctive relief in US federal district court.  Specifically, this Note covers the procedure for obtaining a preliminary injunction and a temporary restraining order (TRO), from filing the necessary documents through the hearing.

A Practice Note discussing the key legal issues to consider when litigating product liability suits in the US. Specifically, this Note addresses the various substantive claims alleged by product liability plaintiffs, affirmative defenses asserted by defendants and the remedies available to successful plaintiffs.

A Practice Note analyzing several key issues that come up when non-US product sellers become involved in US product liability suits. Specifically, this Note focuses on how to determine whether a non-US entity is subject to personal jurisdiction in the US, how to properly serve process on a non-US entity, whether (and the extent to which) US law may be used to regulate foreign conduct, whether non-US entities may be subject to American-style discovery and the circumstances under which a US judgment may be enforced abroad.

A Practice Note analyzing the key issues to consider when filing certain types of pre-trial motions in product liability suits. Specifically, this Note focuses on filing motions to dismiss, motions for class certification, motions for summary judgment, motions in limine and Daubert/Frye motions.

A Practice Note analyzing the general procedural framework for litigating product liability cases that have been consolidated (or are pending consolidation) for pretrial purposes under the Multidistrict Litigation Act of 1968.

A Practice Note explaining how a defendant may remove a lawsuit from state court to federal district court. Specifically, this Note provides tips on how to draft, file and serve the papers necessary to remove a case to federal court. It also explains the effect of removal on the state-court action.

A Practice Note analyzing the main points to consider when a party seeks to amend a prior pleading or notice of removal after the case has been removed to federal court.

This Note outlines the process for remanding a case to state court after it has been removed to federal court. Specifically, this Note covers who may seek remand, what claims may be remanded, when to seek remand, where to seek remand, why a party may want to seek remand, how to seek remand, who has the burden of proof on remand and what evidence may be considered in connection with a remand motion.

A guide to drafting a federal court answer according to the Federal Rules of Civil Procedure (FRCP). Specifically, this Practice Note explains how to compute and extend the time to answer, draft the caption, demand a jury trial, structure the body of the answer, respond to the complaint's allegations, assert defenses and serve and file the answer. This Note also explains how to prepare the defendant's Rule 7.1 corporate disclosure statement. Additionally, this Note addresses when and how a plaintiff may reply to an answer.

A guide to drafting a federal district court pleading in which a civil defendant asserts claims against a person not yet party to the action who is allegedly liable to the defendant for any liability it incurs on the plaintiff's claim. These "third-party claims" may seek indemnification, contribution or similar relief. This Practice Note explains the nature of third-party claims under the Federal Rules of Civil Procedure (FRCP), considerations in deciding whether to plead them and how to draft, serve and file them. Finally, this Note addresses answers to these claims, replies to the answers and claims directly between the plaintiff and the third-party defendant.

This Practice Note addresses the preparation and submission of the appellant's brief and the appendix in appeals to the US Court of Appeals for the Second Circuit from a federal district court's order or judgment in a civil action. This Note also explains the process for setting briefing schedules.

This Practice Note addresses the preparation and submission of the appellee's brief and the reply brief in appeals to the US Court of Appeals for the Second Circuit from a federal district court's order or judgment in a civil action. This Note also explains how to brief cross-appeals and how to submit supplemental authorities (by means of so-called Rule 28(j) letters).

This Practice Note addresses oral argument, disposition and rehearing in appeals to the US Court of Appeals for the Second Circuit from a federal district court's order or judgment in a civil action.

A Practice Note explaining how to properly serve documents filed after the original summons and complaint (interlocutory documents) in federal civil litigation under Rule 5 of the Federal Rules of Civil Procedure (FRCP). Specifically, this Note explains how and when to serve interlocutory documents, who should be served and how to prove service to the court.

A Note examining the unique features of shareholder derivative lawsuits. Specifically, this Note addresses the basic issues raised by shareholder derivative lawsuits, how to choose the right plaintiff to bring a shareholder derivative lawsuit, the requirement of a pre-suit demand on the board of directors, how to litigate a shareholder derivative lawsuit, settling a shareholder derivative lawsuit, the ability to request security for costs associated with shareholder derivative litigation and the remedies available in shareholder derivative litigation.

A Practice Note outlining the key issues to consider when responding to a subpoena in federal civil litigation. Specifically, this Note covers how to properly comply with a subpoena, the various ways one can object to (or move to quash) a subpoena and how to appeal a decision compelling or denying the discovery sought by a subpoena. It also explains the consequences of failing to timely object to (or comply with) an otherwise valid subpoena.

A Practice Note outlining the basic summary judgment framework under FRCP 56.  Specifically, this Note explains what summary judgment is, who may move for summary judgment, when to seek summary judgment, where to seek summary judgment, why a party would (or would not) want to seek summary judgment and how to seek summary judgment from the court.   

This Note discusses systemic discrimination litigation. In particular, it discusses how to respond to information requests and subpoenas from the Equal Employment Opportunity Commission (EEOC), issues to consider when deciding whether to challenge an EEOC subpoena, the EEOC's "sue first, ask questions later" litigation strategy and related best practices for employers. It is based on federal law.

A Practice Note covering trends and developments in the federal government's prosecution of white collar crime.  Specifically, this Note examines the government's tactics and strategies in enforcing federal criminal laws, the elements of several criminal statutes frequently used by the government to prosecute corporate crime, what constitutes criminal intent in white collar cases, company and managerial liability and compliance programs designed to mitigate corporate liability.

A Practice Note analyzing the key issues courts consider in determining whether a party seeking to discover otherwise protected materials has overcome the work product protection.

A Practice Note analyzing the key issues courts consider in determining whether the content of documents and other tangible things is such that they may potentially be protected from disclosure under the work product doctrine.

This note provides an overview of the law on privilege in 23 jurisdictions as at 30 July 2009. Where relevant, it will be necessary to check whether the law has changed since then.

Resources to help counsel maneuver the various privilege and secrecy rules throughout the US and the world.

Resources to help counsel navigate document discovery. Specifically, this Toolkit offers a variety of resources on the document discovery  process, including how to implement a litigation hold, draft a document preservation notice, handle e-discovery and draft document requests and subpoenas.

Resources to assist attorneys in litigating a civil appeal to the US Court of Appeals for the Ninth Circuit, including guidance on commencing the appeal, preparing the briefs and excerpts of record and presenting oral argument to the court.

Resources to assist in-house counsel in managing an organization's records and other data.

Resources to assist attorneys in litigating a civil appeal to the US Court of Appeals for the Second Circuit, including guidance on commencing the appeal, preparing the briefs and appendix and presenting oral argument to the court.

A Toolkit offering a variety of resources on how to settle a lawsuit.

A sample affidavit of service (under Rule 4 of the Federal Rules of Civil Procedure (FRCP 4)) of the summons, complaint and other case initiating documents in lawsuits filed in federal district court. Case initiating documents include the civil cover sheet, Rule 7.1 disclosure statement and any other documents required to be filed and served under the court's local rules. This Standard Document has integrated drafting notes with important explanations and drafting tips.

A sample affidavit that may be used in federal civil litigation. This Standard Document has integrated drafting notes with important explanations and drafting tips.

A sample answer and counterclaims that a civil defendant in federal district court may use to respond to a complaint and assert its own claims against the plaintiff. This Standard Document contains integrated drafting notes with important explanations and tips for drafting the caption, responses to the plaintiff's allegations, defenses (including affirmative defenses), affirmative claims, prayer for relief, jury demand and signature block.

A sample complaint that may be used to commence a civil lawsuit in federal district court. This Standard Document contains integrated drafting notes with important explanations and tips for drafting the complaint's caption, preliminary statement, jurisdiction and venue sections, facts section, legal claims, prayer for relief and signature block. It also contains a sample verification page for shareholder derivative and other complaints that must be verified by the plaintiff. 

A complaint (takedown notice) under the Digital Millennium Copyright Act (DMCA) from a copyright owner to an online service provider requesting that the service provider remove or block access to infringing materials. This Standard Document has integrated notes with important explanations and drafting tips.

A letter from in-house counsel of a company facing litigation or an investigation to employees regarding a legal hold's requirement to preserve information and prevent the deletion or destruction of e-mails, voicemails, files and other records. This Standard Document has integrated notes with important explanations and drafting tips.

A document retention policy (also known as a records and information management policy) establishes and describes how a company expects its employees to manage company data from creation through destruction. It can be incorporated into an employee handbook or used as a stand-alone policy document. This Standard Document applies only to private workplaces. It is based on federal law. State or local law may impose additional or different recordkeeping requirements, but this document is relevant and useful to companies in every state. This Standard Document has integrated notes with important explanations and drafting tips.

A letter agreement between outside counsel and a corporate client for the provision of legal services using an alternative fee arrangement (AFA), outlining the parties' respective duties. This Standard Document can be used by outside counsel when drafting a retainer agreement or by in-house counsel when reviewing a draft retainer agreement.  This Standard Document is drafted from the perspective of a litigation engagement, but it also contains typical language that can be used in a transactional context. This Standard Document has integrated notes with important explanations and drafting tips.

A letter agreement between outside counsel and a corporate client for the provision of legal services charged on an hourly basis, outlining the parties' respective duties. This Standard Document can be used by outside counsel when drafting a retainer agreement or by in-house counsel when reviewing a draft retainer agreement.  This Standard Document is drafted from the perspective of a litigation engagement, but it also contains typical language that can be used in a transactional context. This Standard Document has integrated notes with important explanations and drafting tips.

A sample order under Federal Rule of Evidence (FRE) 502(d) (502(d) Order) that may be used by parties in federal civil litigation who want to protect against waiver of the attorney-client privilege or work product protection. This Standard Document has integrated drafting notes with important explanations and drafting tips.

An agreement that allows parties with similar legal interests, who are involved in an investigation or legal proceeding, to share information with each other without waiving the attorney-client privilege, work product protection or other applicable privilege or protection. This agreement may also protect against the disqualification of one party's counsel as a result of sharing confidential information with the other parties to the agreement. This Standard Document has integrated notes with important explanations and drafting tips.

A standard monthly budget form for estimating or calculating the projected and actual time, fees and expenses attorneys may bill a client in litigating a case. This form incorporates the Litigation Code Set from the American Bar Association's Uniform Task-Based Management System and may be used for all types of disputes and regulatory proceedings.

A sample memorandum of law that a party may use to support its motion to dismiss in a civil lawsuit in a federal district court. This Standard Document contains integrated drafting notes with important explanations and tips for drafting the caption, preliminary statement, background, legal argument, conclusion and signature block.

A sample brief to be used by an amicus curiae in an appeal before the US Court of Appeals for the Ninth Circuit that provides legal support for an appellant or appellee. This sample reflects the formatting and content requirements imposed by Federal Rules of Appellate Procedure (FRAP) and the local rules of the Ninth Circuit. This Standard Document has integrated drafting notes with important explanations and drafting tips.

A sample brief to be used by an appellant in reply to an appellee's brief before the US Court of Appeals for the Ninth Circuit that provides further support for the arguments in the appellant's opening brief and refutes the arguments in the appellee's brief. This sample reflects the formatting and content requirements imposed by the Federal Rules of Appellate Procedure (FRAP) and the Local Rules for the Ninth Circuit. This Standard Document has integrated drafting notes with important explanations and drafting tips.

A sample document for excerpts of record document to be used in the US Court of Appeals for the Ninth Circuit when the excerpts of record total less than 75 pages. The excerpts of record provide the relevant portions of the case record from the US district court to which the appellant and the appellee wish to direct the court's attention. This sample reflects the formatting and content requirements imposed by the Federal Rules of Appellate Procedure (FRAP) and the local rules for the Ninth Circuit. The Standard Document has integrated drafting notes with important explanations and drafting tips.

This notice of appeal may be used to commence an appeal as of right in a civil action in federal district court. This Standard Document has integrated drafting notes with important explanations and drafting tips.

A sample deposition notice under Federal Rule of Civil Procedure (FRCP) 30(b)(1), which may be used to notice the deposition of an individual or of an entity by a specific officer, director or managing agent of that entity. This Standard Document has integrated drafting notes with important explanations and drafting tips.

A document filed in a state court notifying the court that a notice of removal has been filed and the case has been removed to federal district court. This Standard Document has integrated drafting notes with important explanations and drafting tips.

This order to show cause may be used to seek a preliminary injunction and a temporary restraining order in federal district court. This Standard Document contains integrated drafting notes with important explanations and tips for drafting the order to show cause.

A letter from a company notifying a potential defendant of its intent to file a lawsuit unless the recipient cures the defect that is grounds for the suit or pays a certain amount in damages. This Standard Document has an integrated note with important explanations and drafting tips.

A tool to help counsel assess whether a case is ready for trial.  A proof matrix lists all of the elements of a case's relevant claims and defenses. It is used to show what a party must prove to prevail, the means by which it will defeat the opposing party and how it will overcome objections to the introduction of evidence at trial.

A sample brief to be used by an amicus curiae in an appeal before the US Court of Appeals for the Second Circuit that provides legal support for an appellant or appellee. This sample reflects the formatting and content requirements imposed by the Federal Rules of Appellate Procedure (FRAP) and the local rules of the Second Circuit. The Standard Document has integrated drafting notes with important explanations and drafting tips.

A sample brief to be used by an appellant in reply to an appellee's brief before the US Court of Appeals for the Second Circuit that provides further support for the arguments in the appellant's opening brief and refutes the arguments in the appellee's brief. This sample reflects the formatting and content requirements imposed by the Federal Rules of Appellate Procedure (FRAP) and the Local Rules of the Second Circuit. The Standard Document has integrated drafting notes with important explanations and drafting tips.

A sample appendix to be used in the US Court of Appeals for the Second Circuit. The appendix provides the relevant portions of the case record from the US district court to which the appellant and the appellee wish to direct the court's attention. This sample reflects the formatting and content requirements imposed by the Federal Rules of Appellate Procedure (FRAP) and the Local Rules of the Second Circuit. The Standard Document has integrated drafting notes with important explanations and drafting tips.

A sample stipulation of dismissal which may be used to discontinue a case once it has been settled by the parties, or for any reason a party decides to withdraw a claim. This Standard Document has integrated drafting notes with important explanations and drafting tips.

A letter from (or on behalf of) a trademark owner requesting that the recipient cease and desist from engaging in infringing activities and demanding certain remedies and assurances from the alleged infringer.  It includes optional language for alleging federal trademark dilution and cyberpiracy. It must be tailored to suit the facts and circumstances of the particular matter. This Standard Document has integrated notes with important explanations and drafting tips.

This Standard Clause provides model language that can be used to characterize the Faragher-Ellerth affirmative defense in a brief supporting a motion for summary judgment. This affirmative defense can be used to defend against claims of hostile work environment by a supervisor or superior. This Standard Clause contemplates claims under federal law, but its basic framework may be used in response to claims under state or local law if recognized in the particular jurisdiction. Confirm the standards used in your particular jurisdiction before using this clause and cite jurisdiction-specific case law as appropriate. This Standard Clause includes integrated notes with important explanations and drafting tips.

This Standard Clause contains language that can be used to protect parties in litigation from waiving the attorney-client privilege and work product protection for documents and other information inadvertently produced during discovery. It may be incorporated into a larger confidentiality agreement and order. This Standard Clause has integrated notes with important explanations and drafting tips.

A Checklist of the statutes of limitations in Alabama for several commercial claims.

A Checklist of key issues to consider in determining whether a communication is between an attorney and a client and therefore potentially within the scope of the attorney-client privilege.

A Checklist of key issues to consider in determining whether the attorney-client privilege has been waived.

A Checklist of key issues to consider when asserting the attorney-client privilege and work product protections in federal civil litigation.

A checklist of formatting and pleading rules for class action complaints filed in the US District Court for the Central District of California.

A checklist of general formatting rules applicable to documents filed in the US District Court for the Central District of California. Be sure to check your assigned judge's individual practice rules for additional requirements.

A checklist of formatting rules applicable to motions to dismiss under Rule 12 of the Federal Rules of Civil Procedure (FRCP) filed in the US District Court for the Central District of California. Be sure to check your assigned judge's individual practice rules for additional requirements.

A checklist for filing an application to appear pro hac vice in the US District Court for the Central District of California. Be sure to check your assigned judge's individual practice rules for additional requirements.

A Checklist of the statutes of limitations in California for several commercial claims.

A Checklist of the statutes of limitations in Colorado for several commercial claims.

A Checklist to aid plaintiff's counsel in filing the complaint and other case initiating documents in federal district court and serving process on the defendant. Specifically, this Checklist explains the documents that must be filed, filing in paper format versus electronic filing, when to serve process, the various methods of service, a defendant's waiver of service, how to draft and file the proof of service and how to determine when the defendant's response is due.

A Checklist setting out the key elements of various causes of action that commonly arise in commercial litigation.

A Checklist of best practices for a company to consider when using social media in its business strategy.

A Checklist of issues for companies to consider when conducting an internal investigation.

It is critical for counsel to select an appropriate e-discovery vendor to meet the needs of a case.  Given the high cost of e-discovery, counsel should take the time to identify the best vendor for the job.  This Checklist describes the steps counsel should take before and after interviewing potential e-discovery vendors.

A Checklist of general formatting rules for answers filed in the US District Court for the District of Massachusetts. Be sure to check the assigned judge's individual practice rules for additional formatting requirements.

A Checklist of formatting rules for class action complaints filed in the US District Court for the District of Massachusetts.

A Checklist of formatting rules generally applicable to documents filed in the US District Court for the District of Massachusetts. Be sure to check the assigned judge's individual practice rules for additional formatting requirements.

A Checklist of formatting rules for motions for summary judgment filed in the US District Court for the District of Massachusetts. Be sure to check the assigned judge's individual practice rules for additional formatting requirements.

A Checklist of formatting rules for motions to compel discovery filed in the US District Court for the District of Massachusetts. Be sure to check the assigned judge's individual practice rules for additional formatting requirements.

A Checklist of formatting rules for motions to dismiss filed in the US District Court for the District of Massachusetts. Be sure to check the assigned judge's individual practice rules for additional formatting requirements.

A Checklist of formatting rules for motions to remand filed in the US District Court for the District of Massachusetts. Be sure to check the assigned judge's individual practice rules for additional formatting requirements.

A Checklist of formatting rules for motions to vacate a default judgment filed in the US District Court for the District of Massachusetts. Be sure to check the assigned judge's individual practice rules for additional formatting requirements.

A Checklist of formatting rules for notices of removal filed in the US District Court for the District of Massachusetts.

A Checklist of formatting rules for shareholder derivative complaints filed in the US District Court for the District of Massachusetts.

A checklist of logistical and practical tasks to complete when arranging for the deposition of a witness. 

A Checklist of practical issues that counsel should consider when drafting a request for the production of documents (RFP) in US district court. Specifically, this Checklist discusses considerations before making a document request, when to make the RFP, what to include in it and how to serve it.  

This checklist outlines the issues to address when implementing a document retention and disposal policy.

A Checklist of formatting rules for answers filed in the US District Court for the Eastern District of Pennsylvania. Be sure to check the assigned judge's individual practice rules for additional formatting guidelines.

A Checklist of formatting rules for civil complaints filed in the US District Court for the Eastern District of Pennsylvania.

A Checklist of formatting rules for motions for summary judgment filed in the US District Court for the Eastern District of Pennsylvania. Be sure to check the assigned judge’s individual practice rules for additional formatting requirements.

A Checklist of formatting rules for motions to compel discovery filed in the US District Court for the Eastern District of Pennsylvania. Be sure to check the assigned judge’s individual practice rules for additional formatting requirements.

A Checklist of formatting rules for motions to dismiss filed in the US District Court for the Eastern District of Pennsylvania. Be sure to check the assigned judge’s individual practice rules for additional formatting requirements

A Checklist of formatting rules for motions to remand filed in the US District Court for the Eastern District of Pennsylvania. Be sure to check the assigned judge’s individual practice rules for additional formatting requirements.

A Checklist of formatting rules for motions to vacate a default judgment filed in the US District Court for the Eastern District of Pennsylvania. Be sure to check the assigned judge’s individual practice rules for additional formatting requirements.

A Checklist of formatting rules for notices of removal filed in the US District Court for the Eastern District of Pennsylvania. Be sure to check the assigned judge’s individual practice rules for additional formatting requirements.

A checklist of formatting rules for requests and motions for default judgment filed in the US District Court for the Eastern District of Pennsylvania. Be sure to check the assigned judge’s individual practice rules for additional formatting requirements.

A Checklist of formatting rules for answers filed in the US District Court for the Eastern District of New York. Be sure to check the assigned judge's individual practice rules for additional formatting guidelines.

A Checklist of formatting rules for class action complaints filed in the US District Court for the Eastern District of New York.

A Checklist of formatting rules for default judgments filed in the US District Court for the Eastern District of New York. Be sure to check the assigned judge's individual practice rules for additional formatting requirements.

A checklist of formattting rules for motions for summary judgment filed in the US District Court for the Eastern District of New York.  Be sure to check the assigned judge's individual practice rules for additional formatting guidelines.

A Checklist of formatting rules for motions to compel discovery filed in the US District Court for the Eastern District of New York. Be sure to check the assigned judge's individual practice rules for additional formatting requirements.

A checklist of formatting rules for motions to dismiss filed in the US District Court for the Eastern District of New York. Be sure to check the assigned judge's individual practice rules for additional formatting requirements.

A Checklist of formatting rules for motions to remand filed in the US District Court for the Eastern District of New York. Be sure to check the assigned judge's individual practice rules for additional formatting guidelines.

A Checklist of formatting rules for motions to vacate a default judgment filed in the US District Court for the Eastern District of New York. Be sure to check the assigned judge's individual practice rules for additional formatting requirements.

A Checklist of formatting rules for notices of removal filed in the US District Court for the Eastern District of New York.

A Checklist of formatting rules for shareholder derivative complaints filed in the US District Court for the Eastern District of New York.

A Checklist of issues for a defendant employer or employer's counsel to consider at the beginning of a lawsuit or when later reassessing the case to help develop litigation strategy. This Checklist addresses initial considerations, gathering information and common issues to analyze as part of the case assessment. It is based on federal law, but also is useful to assess cases filed in state court.

A Checklist providing the content and formatting requirements for the appellant's brief, appellee's brief, appellant's reply brief, amicus brief and appendix filed in the US Court of Appeals for the Federal Circuit after the commencement of an appeal from a federal district court, the US Court of International Trade or the US Court of Federal Claims.

A Checklist of key issues to consider when e-filing documents in federal district court through the Case Management/Electronic Case Filing (CM/ECF) system.

A Checklist for filing documents in paper format in federal district court.

A timeline showing the typical progression of a lawsuit in US federal court during the first six months as set out in the Federal Rules of Civil Procedure (FRCP).

A Checklist outlining the steps in-house lawyers should take when a senior executive becomes the target of a government investigation.

A Checklist of the statutes of limitations in Illinois for several commercial claims.

A flowchart outlining different stages of an internal investigation, including common issues to consider and practical tips.

A checklist outlining some of the key steps that companies can take to reduce the threat and impact of litigation.

A checklist on best practices for a company to consider in monitoring and responding to third party use of social media, including related to IP infringement, defamation and other risks.

A checklist of formatting rules for answers filed in the US District Court for the Northern District of California. The assigned judge's individual practice rules may contain additional formatting requirements.

A Checklist of formatting rules for class action complaints filed in the US District Court for the Northern District of California.

A checklist of general formatting rules applicable to documents filed in civil cases in the US District Court for the Northern District of California. The assigned judge's individual practice rules may contain additional formatting requirements.

A Checklist of formatting rules applicable to motions for summary judgment in the US District Court for the Northern District of California. The assigned judge's individual practice rules may contain additional formatting requirements.

A Checklist of formatting rules applicable to motions to compel discovery in the US District Court for the Northern District of California. The assigned judge's individual practice rules may contain additional formatting requirements.

A Checklist of formatting rules applicable to motions to dismiss in the US District Court for the Northern District of California. The assigned judge's individual practice rules may contain additional formatting requirements.

A Checklist of formatting rules applicable to motions to remand in the US District Court for the Northern District of California. The assigned judge's individual practice rules may contain additional formatting requirements.

A Checklist of formatting rules applicable to motions to vacate default judgment in the US District Court for the Northern District of California. The assigned judge's individual practice rules may contain additional formatting requirements.

A checklist of formatting rules for notices of removal filed in the US District Court for the Northern District of California.

A checklist of formatting rules for shareholder derivative complaints filed in the US District Court for the Northern District of California.

A Checklist of formatting rules for applications for preliminary injunctive relief filed in the US District Court for the Northern District of Illinois. Be sure to check the assigned judge's individual practice rules for additional formatting requirements.

A Checklist of formatting rules for civil complaints filed in the US District Court for the Northern District of Illinois.

A Checklist of formatting rules for motions for default judgment filed in the US District Court for the Northern District of Illinois. Be sure to check the assigned judge's individual practice rules for additional formatting requirements.

A Checklist of formatting rules for motions to compel arbitration filed in the US District Court for the Northern District of Illinois. Be sure to check the assigned judge's individual practice rules for additional formatting requirements.

A Checklist of formatting rules for motions to confirm an arbitration award filed in the US District Court for the Northern District of Illinois. Be sure to check the assigned judge's individual practice rules for additional formatting requirements.

A Checklist of formatting rules for motions to quash a subpoena filed in the US District Court for the Northern District of Illinois. Be sure to check the assigned judge's individual practice rules for additional formatting requirements.

A Checklist of formatting rules for motions to vacate a default filed in the US District Court for the Northern District of Illinois. Be sure to check the assigned judge's individual practice rules for additional formatting requirements.

A Checklist of formatting rules for notices of appeal filed in the US District Court for the Northern District of Illinois. Be sure to check the assigned judge's individual practice rules for additional formatting requirements.

A Checklist of formatting rules for pro hac vice motions filed in the US District Court for the Northern District of Illinois. Be sure to check the assigned judge's individual practice rules for additional formatting requirements.

A Checklist of the statutes of limitations in New Jersey for several commercial claims.

A Checklist providing the content, formatting and service requirements for the appellant's brief, appellee's brief, appellant's reply brief, amicus brief and the excerpts of record (appendix) filed in appeals to the US Court of Appeals for the Ninth Circuit.

A checklist of formatting rules applicable to motions for a stay pending appeal filed in the US Court of Appeals for the Ninth Circuit.

A checklist of formatting rules applicable to motions to exceed the page or type-volume limitation filed in the US Court of Appeals for the Ninth Circuit.

A Checklist of the statutes of limitations in North Carolina for several commercial claims.

A checklist of key action points companies should take to prepare for their e-discovery obligations before litigation starts.

A Checklist of questions to ask a prospective e-discovery vendor counsel may retain to harvest, process, filter and produce electronically stored information (ESI) and host an e-discovery database.

A Checklist of practical issues that counsel should consider when drafting an answer to a complaint in a US federal district court. Specifically, this Checklist discusses determining the time to answer the complaint, preparing to draft the answer, drafting the answer and accompanying documents, and serving and filing the answer.

A Checklist of practical issues that counsel should consider when drafting an answer and crossclaims to a complaint in federal district court. Specifically, this Checklist addresses preparing to assert crossclaims, drafting the answer and crossclaims, preparing accompanying documents (for example, corporate disclosure statements and summonses) and serving and filing the answer and crossclaims.

A checklist of formatting rules for answers filed in the US District Court for the Southern District of Florida. Be sure to check the assigned judge's individual practice rules for additional formatting guidelines.

A checklist of formatting rules for class action complaints filed in the US District Court for the Southern District of Florida.  For formatting rules that apply generally to all filings in the Southern District of Florida, see Southern District of Florida: General Formatting Checklist. 

A checklist of formatting rules for default judgments filed in the US District Court for the Southern District of Florida. Be sure to check the assigned judge’s individual practice rules for additional formatting requirements.

A Checklist of formatting rules for motions for summary judgment filed in the US District Court for the Southern District of Florida. Be sure to check the assigned judge's individual practice rules for additional formatting requirements.

A Checklist of formatting rules for motions to compel discovery filed in the US District Court for the Southern District of Florida. Be sure to check the assigned judge's individual practice rules for additional formatting requirements.

A Checklist of formatting rules for motions to dismiss filed in the US District Court for the Southern District of Florida. Be sure to check the assigned judge's individual practice rules for additional formatting requirements.

A Checklist of formatting rules for motions to remand filed in the US District Court for the Southern District of Florida. Be sure to check the assigned judge's individual practice rules for additional formatting requirements.

A checklist of formatting rules for motions to vacate a default judgment filed in the US District Court for the Southern District of Florida. Be sure to check the assigned judge's individual practice rules for additional formatting requirements.

A checklist of formatting rules for a notice of removal filed in the US District Court for the Southern District of Florida.

A checklist of formatting rules for shareholder derivative complaints filed in the US District Court for the Southern District of Florida. For formatting rules that apply generally to all filings in the Southern District of Florida, see Southern District of Florida: General Formatting Checklist.

A Checklist of formatting rules for applications for preliminary injunctions and temporary restraining orders filed in the US District Court for the Southern District of New York. Be sure to check the assigned judge's individual practices for additional formatting requirements.

A Checklist of formatting rules for civil complaints filed in the US District Court for the Southern District of New York.

A Checklist of formatting rules generally applicable to all documents filed in the US District Court for the Southern District of New York. Be sure to check the assigned judge's individual practice rules for additional formatting requirements.

A Checklist of formatting rules for motions to compel arbitration filed in the US District Court for the Southern District of New York. Be sure to check the assigned judge's individual practice rules for additional formatting requirements.

A Checklist of formatting rules for motions to confirm arbitration awards filed in the US District Court for the Southern District of New York. Be sure to check the assigned judge's individual practice rules for additional formatting requirements.

A Checklist of formatting rules for motions to quash a subpoena filed in the US District Court for the Southern District of New York. Be sure to check the assigned judge's individual practice rules for additional formatting requirements.

A Checklist of formatting rules for motions to vacate a default judgment filed in the US District Court for the Southern District of New York. Be sure to check the assigned judge's individual practice rules for additional formatting requirements.

A checklist of formatting rules for notices of removal filed in the US District Court for the Southern District of New York.

A checklist of formatting rules for shareholder derivative complaints in the US District Court for the Southern District of New York.

A checklist of general formatting rules applicable to documents filed in the US Court of Appeals for the Second Circuit.

A checklist of formatting rules applicable to motions for a stay pending appeal filed in the US Court of Appeals for the Second Circuit.

A Checklist that explains the different standards of review used by the United States Court of Appeals for the Second Circuit and provides examples of when the court applies a particular standard of review.

A Checklist of some of the key issues to consider when entering into a settlement agreement.

A Chart detailing the standard used by each circuit when considering an application for a preliminary injunction or a temporary restraining order (TRO) after the United States Supreme Court decision in Winter v. Natural Resources Defense Council, Inc., 555 U.S. 7 (2008).

A flowchart to aid counsel in determining whether a federal court has subject matter jurisdiction over a particular case. The flowchart also shows when the case must be litigated in federal court, when it must be litigated in state court and when it may be litigated in either federal or state court.

A Checklist covering the issues counsel should consider when preparing to use documents as evidence in summary judgment or at trial, including privilege, authentication, hearsay and best evidence.

A Checklist of key issues to consider in determining whether a party seeking to discover otherwise protected materials has overcome the work product protection.

A Checklist of key issues to consider in determining what kinds of documents and other materials may be protected by the work product doctrine.

A Checklist of key issues to consider in determining whether documents and other tangible things were created in "anticipation of litigation" and therefore potentially protected from disclosure under the work product doctrine.

This Article examines the potential hazards companies may face by relying solely on a vendor to fulfill the company's discovery obligations under Federal Rule of Civil Procedure (FRCP) 34, and provides tips on how companies can use vendors to improve e-discovery efficiency while avoiding discovery sanctions.

An interview with Reed S. Oslan of Kirkland & Ellis LLP on the practicalities and risks of funding litigation through a third-party investor.

This Article analyzes two decisions, Tiffany (NJ) LLC v. Qi Andrew and Gucci America, Inc. v. Weixing Li, regarding discovery abroad for use in US litigation.

An expert Q&A with Steven A. Hammond of Hughes Hubbard & Reed LLP on the US District Court for the District of Columbia's January 8, 2013 decision in Commissions Import Export SA v. Republic of the Congo.  In that case, the court held that the Federal Arbitration Act (FAA) preempts Washington DC's Uniform Foreign-Country Money Judgment Recognition Act of 2011 and applied the three-year limitations period in FAA Section 207 to bar recognition of the foreign arbitral award in the US.

This Article summarizes the results of the predictive coding (also called technology-assisted review (TAR) and computer-assisted review (CAR)) process in Global Aerospace Inc. v. Landow Aviation, L.P. 

An expert Q&A with Thomas E. Spahn of McGuireWoods LLP on how the sharing of legal advice during business negotiations impacts subject matter waiver of claims of attorney-client privilege over the entire transaction.

On November 6, 2012, Practical Law Company and Gibson Dunn presented In-house Counsel's Guide to Trial Prep, a one-hour webinar on the steps corporate counsel can take to help retained trial lawyers prepare and conduct trial efficiently and effectively. Access the recorded webinar here (registration required). Click here to download webinar slides.

On May 9, 2012, Practical Law Company and McGuireWoods LLP presented: Privilege and Work Product Protection for Internal Corporate Investigations: Basic Principles and Best Practices, a one-hour webinar on best practices for creating and maintaining the attorney-client privilege and work product protections for communications and documents created during the course of an internal corporate investigation. Click here to access the recorded webinar. Click here to download the webinar slides.

An expert Q&A with Robert J. Liubicic of Milbank, Tweed, Hadley & McCloy LLP on recent court decisions interpreting the new Rule 26 of the Federal Rules of Civil Procedure, and practical implications that counsel should consider when retaining and communicating with experts going forward.

An Article that explains new ways to proactively reduce and manage the likelihood of formal disputes. These methods include appointing a standing neutral, establishing a peer review panel program for employee disputes and implementing a planned early negotiation process.

An Article examining recent developments that have contributed to the rising cost of electronic data storage (including the increased use of social media) and explaining how organizations can effectively control their information, decrease storage costs and limit the legal risks associated with data retention.

A Q&A guide to dispute resolution law in Taiwan. The Q&A gives a structured overview of the key practical issues including, for example, court procedures; fees and funding; interim remedies (including attachment orders); disclosure; expert evidence; appeals; class actions; enforcement; cross-border issues; the use of ADR; and any reform proposals. For a full list of jurisdictional Q&As visit www.practicallaw.com/dispute-mjg. 

This Article analyzes the key ethical rules to consider when working with an outside consultant in an internal investigation. Specifically, this Article addresses investigative techniques that raise ethical concerns for lawyers and their clients, and offers practical advice to help counsel limit their exposure to ethical violations when working with investigative consultants.

This Article offers tips to help in-house counsel select the most appropriate outside e-discovery provider for the company's particular e-discovery project.

This Article discusses the Victor Stanley, Inc. v. Creative Pipe, Inc. decision in which Magistrate Judge Paul Grimm of the US District Court for the District of Maryland analyzes the various standards used by US federal courts to determine whether a party has complied with its duty to preserve and produce electronically stored information (ESI) in litigation. This Article also discusses the importance of using a proportionality analysis when considering electronic discovery (e-discovery) sanctions.

This article examines the legal and commercial consequences of the 2010 BP Gulf of Mexico oil spill and considers how the future of the global oil and gas industry might be shaped as a result.

An Article discussing some of the major challenges that "private Surgeon General" suits pose to product manufacturers, and offering practical guidance on how to effectively defend these suits.

  A chart analyzing the various standards used by US federal courts to determine: (1) the scope of a party's duty to preserve evidence in litigation, and (2) whether particular sanctions may be imposed against a party for spoliation. This chart appears as Appendix A to Magistrate Judge Grimm’s September 9, 2010 Memorandum, Order and Recommendation in Victor Stanley, Inc. v. Creative Pipe, Inc., No. 06-cv-2662 (D. Md.).

This Article discusses the issues that US courts consider in determining whether a US corporation's US contacts may subject its foreign parent to the jurisdiction of US courts. It also examines what foreign parent corporations can do to limit their exposure to lawsuits in the US.

An expert Q&A with Bryan Skarlatos of Kostelanetz & Fink, LLP on the work product doctrine and the impact of the Textron decision.

An Article detailing the issues in-house counsel face when their companies become the targets of government investigations.

An Article on Hertz Corp. v. Friend, No. 08-1107 (Slip Op., Feb. 23, 2010), in which the US Supreme Court held that a corporation's principal place of business for purposes of determining federal diversity jurisdiction is its "nerve center," which is the place where the corporation's high-level officers direct, control and coordinate the corporation's activities.

The Gulf states do not have a reputation for establishing user-friendly means of dispute resolution. Some jurisdictions, particularly Dubai and Bahrain, have taken steps to introduce innovative reforms to create a more welcoming environment for arbitration and make their courts more accessible to foreign parties. This article examines the reasons behind these reforms and looks at what is required to increase confidence in the dispute resolution procedures in the region. This article is part of the PLC multi-jurisdictional guide to dispute resolution. For a full list of contents visit www.practicallaw.com/disputehandbook.

This article examines the extent of the right to admit new statements, claims and grounds for the claims, and present new evidence during the course of arbitration in Norway. It compares the position under the new Norwegian Civil Procedure Act 2005 (NCPA), and the Norwegian Arbitration Act 2004 (NAA). These two acts originate from the same reform of Norwegian civil procedure, but have slightly different legal effects due to their different wording and objectives. Comparison is also made to the position under the UNCITRAL Model Law on International Commercial Arbitration (UNCITRAL Model Law), which the NAA is closely based on. This article is part of the PLC multi-jurisdictional guide to dispute resolution. For a full list of contents visit www.practicallaw.com/disputehandbook.

An Article on a federal district court decision that suggests that a party risks waiving the attorney-client privilege by failing to take reasonable steps to avoid producing privileged documents in litigation, even where the parties have already agreed that such a production would not result in a waiver of the privilege.

An analysis of how a non-US resident can defend against US lawsuits by challenging the court's jurisdiction over him, with an overview of personal jurisdiction in Florida and Kentucky. 

Professor Steven M. Davidoff writes on the recent decisions from the Delaware Chancery Courts in a post Lyondell world.

An article on developments in bank loan commitment letters arising from recent US litigation.

Many factors require businesses to document their relations with business partners and customers. Production of these documents or the disclosure of information in them is usually not intended and businesses in civil law jurisdictions do not expect that they may have to produce them. Such documents or information may, however, be important in legal proceedings. Data protection laws have introduced new potential tools to obtain documents and gather information outside legal proceedings on the merits. This article examines the bases for requests for production of documents and disclosure of information in civil proceedings under Swiss law, rights for production of documents and disclosure under the Swiss Data Protection Act, and the uses and abuses of the data protection law for these purposes. The issues discussed here not only exist in Switzerland, but in other civil law jurisdictions.

Significant developments took place in the areas of patent and trade-mark litigation in Canada in 2007 and 2008, the full impact of which is not yet known. This article highlights these trends, and provides a few suggestions as to their probable effect.

An article highlighting the key issues that foreign companies listed on US exchanges face in relation to private securities litigation by US or non-US plaintiffs.This article is part of the PLC US Special Report, which was published to mark the launch of PLC's first US services.

The UK is often accused of simply following economic and cultural developments from the US. Against this background, this chapter examines the English procedural framework for collective litigation, trends in English and European collective litigation, English rules on third party funding of litigation and practical considerations when managing cases involving third party funding.

This opinion piece explains how recent governmental moves are eroding attorney-client privilege in the US and considers the consequences for companies and their legal advisers.

An expert Q&A with John Beisner and Jessica Miller of Skadden, Arps, Slate, Meagher & Flom LLP on the current proposals to change the Federal Rules of Civil Procedure (FRCP) governing discovery and sanctions in response to the escalating costs and delays of discovery.

This Legal Update reports on significant changes to the local rules and procedures for all US federal district and appellate courts between June 12 and June 18, 2013. It also reports on changes to the individual practice rules for judges in select district courts during this time period.

The US Court of Appeals for the Second Circuit held in Cappiello v. ICD Publications, Inc. that the federal post-judgment interest rate applies even in diversity suits and even where the plaintiff dockets the judgment in state court.

The US Court of Appeals for the Federal Circuit, sitting en banc in Robert Bosch, LLC v. Pylon Manufacturing Corp., held that 28 U.S.C. § 1292(c)(2) gives the court jurisdiction to hear interlocutory appeals in patent infringement cases in which the district court has determined liability but has not yet determined the issues of damages or willfulness of infringement.

This Legal Update reports on significant changes to the local rules and procedures for all US federal district and appellate courts between June 5 and June 11, 2013. It also reports on changes to the individual practice rules for judges in select district courts during this time period.

The US Court of Appeals for the Third Circuit held in Interfaith Community Organization v. Honeywell International that Federal Rule of Civil Procedure (FRCP) 68 offers of judgment are applicable to disputes over attorneys' fees in environmental citizen suits after liability has been determined.

Resources to help counsel contain and control any type of corporate crisis.

The US Court of Appeals for the Fourth Circuit denied the North Carolina State Board of Dental Examiners' petition to review an FTC finding that the Board violated the FTC Act by limiting the market for teeth-whitening services in North Carolina.

The US Court of Appeals for the Second Circuit ruled in Hooks v. Forman, Holt, Eliades & Ravin, LLC that a debt collection notice requiring consumers to object in writing to the validity of the debt violated Section 1692g of the Fair Debt Collection Practices Act (FDCPA).

This Legal Update reports on significant changes to the local and federal rules and procedures for all US federal district and appellate courts between May 22 and May 28, 2013. It also reports on changes to the individual practice rules for judges in select district courts during this time period.

This Legal Update reports on significant changes to the local and federal rules and procedures for all US federal district and appellate courts between May 15 and May 21, 2013. It also reports on changes to the individual practice rules for judges in select district courts during this time period.

The US Court of Appeals for the Fifth Circuit in In re: Grand Jury Subpoenas vacated the district court's order quashing subpoenas duces tecum in a grand jury investigation of two corporations based in Greece and remanded, holding that the companies were validly served with subpoenas and must respond to them.

The US Court of Appeals for the Ninth Circuit rejected a class action settlement in In re: HP Inkjet Printer Litigation because the attorney fee award was not calculated using the actual redemption value of the coupons offered as part of the settlement.

Chief Administrative Law Judge Chappell recently issued his initial decision in the Federal Trade Commission's (FTC) case against McWane, Inc.

In Shuler v. Garrett, the US Court of Appeals for the Sixth Circuit reversed a lower court opinion and ruled that an electronically filed motion received by the clerk of the court within the specified time period should be considered timely even though it was filed under an incorrect docket number.

In Radcliffe v. Experian Information Solutions, Inc., the US Court of Appeals for the Ninth Circuit reversed a class action settlement agreement, finding that the class representatives and class counsel did not adequately represent absent class members because the agreement conditioned the named plaintiffs' incentive awards on their support of the settlement.

The US Court of Appeals for the Fourth Circuit held in U.S. ex rel. Carter v. Halliburton that the Wartime Suspension of Limitations Act (WSLA) applies to civil actions and that the first-to-file bar under the False Claims Act (FCA) does not preclude a party from refiling if other related cases have been dismissed.

This Legal Update contains resources to help clients and outside counsel rein in legal fees at the outset of a potential or pending litigation. Specifically, this Update highlights a sample engagement letter for alternative fee arrangements and a Practice Note (and related decision tree) on case assessment and evaluation that includes a step-by-step guide to calculating the costs of litigation and preparing a comprehensive litigation budget.

This Legal Update reports on significant changes to the local and federal rules and procedures for all US federal district and appellate courts between April 17 and April 23, 2013. It also reports on changes to the individual practice rules for judges in select district courts during this time period.

This Legal Update highlights a recent trend towards the increased use of sanctions in the US Court of Appeals for the Seventh Circuit. Dissatisfied with both the arguments and conduct of the parties and attorneys appearing before it, the court has repeatedly imposed or threatened sanctions in the first few months of the year.

In In Re: Darvocet, Darvon and Propoxyphene Products Liability Litigation, the US Judicial Panel on Multidistrict Litigation (MDL Panel) held that though "mass actions" are generally barred from transfer under the Class Action Fairness Act (CAFA), cases that are removed on additional grounds can still be transferred despite their mass action status.

In In re: Vertrue Marketing and Sales Practices Litigation, on April 16, 2013, the US Court of Appeals for the Sixth Circuit held that putative class members have "claims" under 28 U.S.C. § 1367(d), which provides for the tolling of related state law claims while a federal litigation is pending.

In Genesis Healthcare Corp. v. Symczyk, the US Supreme Court held in a 5 to 4 decision that a Fair Labor Standards Act (FLSA) collective action was properly dismissed for lack of subject matter jurisdiction when the plaintiff's individual claims became moot, leaving her with no personal interest in representing other unnamed, putative claimants in the action. The decision highlights, but does not resolve, a circuit court split on the question of whether a plaintiff's rejection of a Federal Rule of Civil Procedure (FRCP) 68 offer of judgment that fully satisfies her claims renders the claims moot.

In Busk v. Integrity Staffing Solutions, Inc., the US Court of Appeals for the Ninth Circuit held that conflicting class certification mechanisms under the Fair Labor Standards Act (FLSA) and Federal Rule of Civil Procedure (FRCP) 23 do not warrant dismissal of plaintiffs' state law claims. While the Ninth Circuit's decision is in line with the circuit courts that have considered this issue, practitioners should note that district courts in other circuits remain divided.

This Legal Update reports on significant changes to the local rules and procedures for all US federal district and appellate courts between April 3 and April 9, 2013. It also reports on changes to the individual practice rules for judges in select district courts during this time period.

This Legal Update reports on significant changes to the local rules and procedures for all US federal district and appellate courts between March 27 and April 2, 2013. It also reports on changes to the individual practice rules for judges in select district courts during this time period.

In Gatto v. United Air Lines, Inc., the US District Court for the District of New Jersey ruled that a plantiff who, despite knowing that defense counsel had requested the plaintiff's Facebook records, deleted his Facebook page, was subject to sanctions for spoliation. Practitioners should warn clients about the dangers of altering social media pages that are subject to discovery requests in litigation.

This Legal Update reports on significant changes to the local rules and procedures for all US federal district and appellate courts between March 20 and 26, 2013. It also reports on changes to the individual practice rules for judges in select district courts during this time period.

The US Court of Appeals for the Seventh Circuit in Johnson Controls, Inc. v. Edman Controls, Inc. refused to vacate an arbitration award and admonished the appellant for pursuing the appeal, warning that challenges to commercial arbitral awards come with a "high risk of sanctions."

The US Court of Appeals for the Ninth Circuit held in Allen v. FDIC that the FDIC has the authority to remove a case under 12 U.S.C. § 1819(b)(2)(B) only after it obtains party status. The FDIC's removal rights are not triggered merely by filing a motion to intervene in the state-court action.

In Barasch v. Williams Real Estate Co., the New York Appellate Division, First Department, held that a corporation's director-shareholder is not entitled to access the corporation's privileged communications during a time when the director's shareholding interests are adverse to the corporation.

This Legal Update reports on significant changes to the local rules and procedures for all US federal district and appellate courts between March 6 and 12, 2013. It also reports on changes to the individual practice rules for judges in select district courts during this time period.

In Sanchez v. Prudential Pizza, Inc., the Seventh Circuit held that the plaintiff was entitled to costs and fees because the defendant's Rule 68 offer, which stated only that it included all claims for relief, was silent as to costs and fees.  The Seventh Circuit found that the plaintiff, who had brought the action under a statute that entitled successful plaintiffs to attorney's fees, should have been granted those fees in addition to the amount in the proffered Rule 68 offer, and reversed the district court's denial of plaintiff's motion.

This Legal Update reports on significant changes to the local rules and procedures for all US federal district and appellate courts between February 27 and March 5, 2013. It also reports on changes to the individual practice rules for judges in select district courts during this time period.

This Legal Update highlights the advisability of entering into a Rule 502(d) order under the Federal Rules of Evidence (FRE), which allows parties to provide for the return of privileged documents produced during discovery without fear that the disclosure waives the attorney-client privilege or work product protection. Surprisingly, Rule 502(d) orders are currently underused by federal court practitioners, despite being favored by federal judges.

The US Supreme Court ruled in Amgen, Inc. v. Connecticut Retirement Plans and Trust Funds that proof of materiality of the alleged infractions is not a prerequisite to certification for a securities fraud class action brought under Section 10(b) of the Securities Exchange Act of 1934 and Securities and Exchange Commission Rule 10b-5. This decision resolves a circuit split on the issue and provides a clear rule for litigators in all federal jurisdictions.

In Smith v. Perkins Board of Education, the US Court of Appeals for the Sixth Circuit ruled that unreviewed state agency findings do not have a preclusive effect in later federal court proceedings under the ADA, putting the Sixth Circuit in line with other circuit courts that have addressed this issue.

This Legal Update reports on significant changes to the local rules and procedures for all US federal district and appellate courts between February 20 and 26, 2013. It also reports on changes to the individual practice rules for judges in select district courts during this time period.

On February 19, 2013, the US Supreme Court held in Chafin v. Chafin that the execution of a return order under the Hague Convention on the Civil Aspects of International Child Abduction and the International Child Abduction Remedies Act does not render an appeal of the order moot.

This Legal Update reports on significant changes to the local rules and procedures for all US federal district and appellate courts between Feburary 13 and 19, 2013. It also reports on changes to the individual practice rules for judges in select district courts during this time period.

In Klein v. Verizon Communications, Inc., the US District Court for the Eastern District of Virginia held that a Rule 68 offer of judgment tendered a month after the class action was filed did not moot the lead plaintiff's claims. 

This Legal Update reports on significant changes to the local rules and procedures for all US federal district and appellate courts between January 30 and February 5, 2013. It also reports on changes to the individual practice rules for judges in select district courts during this time period.

This Legal Update examines the importance of conforming to the formatting regulations and guidelines under the Federal Rules of Civil Procedure (FRCP) and US District Courts' local rules when drafting documents filed in federal court.

This Legal Update reports on changes to the local rules and procedures for all US federal district and appellate courts between January 16 and 22, 2013. It also reports on changes to the individual practice rules for judges in select district courts during this time period.

The US Court of Appeals for the Second Circuit issued a decision in Linde v. Arab Bank, PLC denying Arab Bank, PLC's request for immediate appellate review of a discovery sanction in the form of an adverse jury instruction permitting the jury to find that the bank knowingly financed terrorist activity.

The US Court of Appeals for the Ninth Circuit held in Faulkner v. ADT Security Services that a complaint filed in state court must be judged by federal pleading standards after removal to federal court.

The US District Court for the Southern District of New York in In re American International Group, Inc. Securities Litigation ruled that neither the Class Action Fairness Act of 2005 (CAFA) nor traditional standing principles granted the New York State Attorney General (NYAG) standing to object to the settlement reached in the case and approved by the court.

The US Court of Appeals for the Sixth Circuit in Universal Health Group v. Allstate Ins. Co. upheld the district court's dismissal of an insurance action as a sanction for the plaintiff's repetitive and pervasive violations of the district court's discovery orders.

This Legal Update highlights resources for lawyers considering an update to their retainer agreements and engagement letters or litigating lawsuits financed by third parties.

The US Court of Appeals for the Seventh Circuit in Johnson v. Meriter Health Services Employee Retirement Plan upheld the district court's class certification in an Employee Retirement Income Security Act (ERISA) case under Federal Rule of Civil Procedure (FRCP) 23(b)(2). The court held that monetary relief incidental to the declaratory and injunctive relief sought by the plaintiffs does not preclude class certification.

The Department of Justice (DOJ) and New York State Attorney General filed suit to dissolve the joint venture (known as Twin America LLC) between New York City tour bus operators Coach, USA Inc. and City Sights LLC .

This Legal Update reports on changes to the local rules and Case Management/Electronic Case Filing (CM/ECF) rules for all US federal district and appellate courts between December 12 and 18, 2012. It also reports on changes to the individual practice rules for judges in select district courts during this time period.

The US District Court for the Middle District of Pennsylvania in In re: Chocolate Confectionary Antitrust Litigation conducted a Daubert analysis at the class certification stage to determine the admissibility of the proferred expert opinions.

On November 20, 2012, the New York Court of Appeals held in Licci v. Lebanese Canadian Bank that a Lebanese bank's use of a New York account established personal jurisdiction under the state's long-arm statute, meaning the plaintiffs could sue the bank over their terrorism-related tort claims.

In LaPlant v. Northwestern Mutual Life Insurance Co., the US Court of Appeals for the Seventh Circuit held that the district court erred in remanding a class action to state court under the "internal affairs" exception to the Class Action Fairness Act (CAFA), and found the action removable to federal court.

This Legal Update offers best practices tips for avoiding liability connected to an employer-sponsored holiday party.

In In re Atlantic Marine Construction, the US Court of Appeals for the Fifth Circuit held that a case need not be transferred to the federal district court provided for in the parties' forum selection clause so long as the place where the action was commenced is proper under the federal venue statutes.

In Barbour v. City of White Plains, the US Court of Appeals for the Second Circuit held that a district court may separately award costs and attorney's fees to plaintiffs who accepted an offer of judgment under Rule 68 of the Federal Rules of Civil Procedure (FRCP) if the offer did not expressly state that it covered the plaintiffs' claims for costs and fees.

The Federal Trade Commission (FTC) recently withdrew its 2003 Policy Statement on Monetary Equitable Remedies in Competition Cases.  The FTC reasoned that the policy statement unduly restricted the use of monetary remedies like disgorgement and restitution in competition cases and that following case precedent instead allows for greater flexibility.

We have published a practice note examining the most commonly used methods available for taking evidence in the US in aid of a non-US proceeding.

An update on the US Supreme Court's opinion in Matrixx Initiatives, Inc. v. Siracusano rejecting a bright-line standard for determining whether plaintiffs had adequately pleaded materiality of a misrepresentation or omission in a claim under Section 10(b) and Rule 10b-5 under the Exchange Act.

This is an update about the First Circuit Court of Appeals' Order of Court vacating its decision in US v. Textron from January 21, 2009 and granting a rehearing en banc.

This Legal Update reports on changes to the local rules and procedures for all US federal district and appellate courts between January 23 and 29, 2013. It also reports on changes to the individual practice rules for judges in select district courts during this time period.

As the incidence of commercial disputes involving litigants in different jurisdictions increases, supra-national legislators, including the institutions of the EU, seek to improve the efficacy and ease with which cross-border disputes are handled. This analysis article examines the key pieces of legislation that have been enacted by the EU towards harmonising litigation and dispute resolution procedures across its member states. This article examines proposals for reform of Brussels I, including reform of the current rules on recognition and enforcement of judgments and a proposed interface between Brussels I and arbitration. This article also discusses the Insolvency Regulation, the European Enforcement Order Regulation, the Service of Documents Regulation, the Evidence Regulation, the European Order for Payment Regulation, the Small Claims Regulation and the Mediation Directive. This article is part of the PLC multi-jurisdictional guide to dispute resolution. For a full list of jurisdictional Q&As visit www.practicallaw.com/dispute-mjg.

A flowchart that outlines the main tasks defense counsel face in litigation. Counsel can use this flowchart as a worksheet to help calculate the costs of litigating a case throughout its various stages.

An update on In the matter of Bernard L Madoff Investment Securities LLC, between Picard v Fim Advisers LLP and others [2010] EWHC 1299 (Ch), in which the High Court considered the scope of its discretion under article 21(1)(d) of Schedule 1 to the Cross-Border Insolvency Regulations 2006 (SI 2006/1030).