|
| 1 | Attorney-Client Privilege and Work Product Doctrine Toolkit Resources to help counsel maneuver the various privilege and secrecy rules throughout the US and the world. | Practice Note: Overview | Maintained |
| 2 | Avoiding and Managing Commercial Disputes in the US ... A Practice Note discussing ways corporate counsel can reduce or eliminate litigation risks when faced with exposure in the US. This Note also provides an overview of the key issues corporate counsel face when managing US-based commercial disputes, including settlement, insurance, discovery, privilege and fee arrangements with outside counsel. | Practice Note: Overview | Maintained |
| 3 | Commencing a Federal Lawsuit: Overview A Practice Note addressing the key considerations and tasks that plaintiff's counsel must tackle when commencing a lawsuit in federal district court. Specifically, this Note identifies initial steps such as assessing the strength of the case and confirming that the case may be brought in federal court, provides guidance on how to draft the complaint and other case initiating documents (including the summons, Rule 7.1 disclosure statement and civil cover sheet) and explains how to file these documents (whether in paper format or electronically) and serve process on the defendant. | Practice Note: Overview | Maintained |
| 4 | Conducting Internal Investigations Toolkit Resources to assist an employer in conducting an internal investigation. | Practice Note: Overview | Maintained |
| 5 | E-Discovery Toolkit Resources to assist counsel in managing electronic discovery in current or future litigation. | Practice Note: Overview | Maintained |
| 6 | E-Discovery in the US: Overview A Practice Note addressing the key issues companies and their lawyers must consider to ensure that they comply with their legal duty to produce electronically stored information in litigation. | Practice Note: Overview | Maintained |
| 7 | Employment Litigation: Single Plaintiff Employment ... Resources to help employers and their counsel prevent and defend against single plaintiff employment discrimination litigation under Title VII of the Civil Rights Act (Title VII), the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), the Genetic Information Nondiscrimination Act (GINA), the Uniformed Services Employment and Reemployment Rights Act (USERRA), Section 1981, the Equal Pay Act (EPA) and state anti-discrimination laws. This Toolkit includes resources addressing discovery, employer defenses, substantive legal requirements and settlement. | Practice Note: Overview | Maintained |
| 8 | Handling Federal Litigation: Overview A Practice Note explaining the initial steps of a civil lawsuit in US district courts and the major procedural and practical considerations counsel face during a lawsuit's early stages. Specifically, this Note explains how to begin a lawsuit, respond to a complaint, prepare to defend a lawsuit and comply with discovery obligations early in the litigation. | Practice Note: Overview | Maintained |
| 9 | Motion to Dismiss: Overview A Practice Note outlining the basic motion to dismiss framework under Rule 12 of the Federal Rules of Civil Procedure (FRCP). Specifically, this Note explains what a motion to dismiss is, when a defendant may move to dismiss, why a defendant would (or would not) want to move to dismiss, the grounds for bringing a motion to dismiss and the possible outcomes. | Practice Note: Overview | Maintained |
| 10 | Ninth Circuit Civil Appeals Toolkit 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. | Practice Note: Overview | Maintained |
| 11 | Preventing and Handling Litigation and Claims Toolkit Resources to help in-house attorneys prevent and manage litigation in the US. Specifically, this Toolkit offers a variety of resources on the litigation process, including how to respond to a complaint, deal with a subpoena, ensure the company complies with its discovery obligations, successfully settle a case and minimize the risks and cost of litigation. | Practice Note: Overview | Maintained |
| 12 | Records Management Toolkit Resources to assist in-house counsel in managing an organization's records and other data. | Practice Note: Overview | Maintained |
| 13 | Second Circuit Civil Appeals Toolkit 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. | Practice Note: Overview | Maintained |
| 14 | Select Causes of Action Toolkit Resources to help in-house lawyers get a basic understanding of the key issues underlying various types of corporate litigation. | Practice Note: Overview | Maintained |
| 15 | Social Media Usage Toolkit Resources to assist in identifying the legal risks and potential rewards presented by company, employee and third party use of social media. | Practice Note: Overview | Maintained |
|
| 1 | Antitrust Standing of Private Plaintiffs 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. | Practice Notes | Maintained |
| 2 | Asserting the Attorney-Client Privilege and Work Product ... This Note examines the key issues counsel should consider when asserting the attorney-client privilege and work product protection, including how to assert and show that the privilege and protection apply, considerations to take into account when preparing a privilege log and when redaction of documents is appropriate. | Practice Notes | Maintained |
| 3 | Attorney-Client Privilege: Ensuring Confidentiality 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. | Practice Notes | Maintained |
| 4 | Attorney-Client Privilege: Identifying the Attorney and the ... A Practice Note analyzing the 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. | Practice Notes | Maintained |
| 5 | Attorney-Client Privilege: Scope of Protection 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. | Practice Notes | Maintained |
| 6 | Case Assessment and Evaluation A step-by-step guide to calculating the costs of anticipated or ongoing litigation or preparing a comprehensive litigation budget. This Practice Note examines the factors defense counsel should consider to estimate costs that are beyond the more readily quantifiable elements of a case. | Practice Notes | Maintained |
| 7 | Commencing a Federal Lawsuit: Drafting the Complaint 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. | Practice Notes | Maintained |
| 8 | Commencing a Federal Lawsuit: Filing and Serving the ... A Practice Note that explains the process of commencing an action in federal district court. Specifically, this Note covers how to properly file the summons, complaint, civil cover sheet, Rule 7.1 disclosure statement and other case initiating documents with the court and serve them on the defendant. | Practice Notes | Maintained |
| 9 | Commencing a Federal Lawsuit: Initial Considerations 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. | Practice Notes | Maintained |
| 10 | Computing and Extending Time in Federal Litigation A Practice Note examining the computation and extension of time periods under Rule 6 of the Federal Rules of Civil Procedure (FRCP). Specifically, this Note explains when FRCP 6 applies, how to compute time periods measured in hours, days and longer periods of time, when additional days are added to time periods after certain kinds of service and when the court may extend a time period. | Practice Notes | Maintained |
| 11 | Considerations and Strategies in Non-HSR Reportable ... 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. | Practice Notes | Maintained |
| 12 | Criminal and Civil Liability for Corporations, Officers and ... This Practice Note provides an overview of the potential criminal and civil liability that corporations, officers and directors may face as a result of actions taken by corporate personnel, and offers practical advice to mitigate the risk of liability. | Practice Notes | Maintained |
| 13 | Defending Wage and Hour Collective Actions 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. | Practice Notes | Maintained |
| 14 | Depositions: Handling Unexpected Situations at a Deposition A Practice Note explaining how to handle unexpected situations that threaten to disrupt or prematurely end a deposition, including difficult opposing counsel and witnesses; when a witness does not show up to the deposition, asserts her Fifth Amendment right not to answer questions or lies under oath; and if an emergency causes a deposition to end early. | Practice Notes | Maintained |
| 15 | Depositions: Noticing a Deposition 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. | Practice Notes | Maintained |
| 16 | Depositions: Preparing to Take a Deposition A Practice Note setting out the steps that counsel should take to prepare to depose a non-expert witness in federal civil litigation. Among other things, the deposing attorney should confirm the deposition arrangements, ensure that she is admitted in the court where the case is pending, review all relevant procedural rules, research the elements of the claims and defenses in the case and the law concerning any legal issues that may crop up during the deposition, review documents and information relevant to the deponent and draft the deposition outline. | Practice Notes | Maintained |
| 17 | Document Requests: Common Problems with an RFP ... This Note addresses some common problems counsel face when receiving a response to a request for the production of documents (RFP) under Rule 34 of the Federal Rules of Civil Procedure (FRCP). Specifically, this Note explains what counsel should do when they receive documents and electronically stored information (ESI) in a form different from that requested, an unmanageable production (also called a document dump), insufficient privilege designations and inadvertently produced privileged documents. | Practice Notes | Maintained |
| 18 | Document Requests: Drafting and Serving the Request 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. | Practice Notes | Maintained |
| 19 | Document Requests: Initial Considerations This Note explains issues that counsel should consider before drafting requests for the production of documents (RFPs) in a federal lawsuit under Rule 34 of the Federal Rules of Civil Procedure (FRCP). Specifically, this Note discusses when during a case counsel should start thinking about documents, who can make document requests, to whom the document requests can be made under Rule 34, when to make document requests and fundamental considerations to keep in mind when preparing to draft an RFP, including determining what documents are needed, why they are needed and where they can be obtained. | Practice Notes | Maintained |
| 20 | Document Requests: Performing the Document Review 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. | Practice Notes | Maintained |
| 21 | Document Requests: What to Expect in Response to an RFP This Note discusses what counsel should expect to receive in response to a request for the production of documents (RFP) under Rule 34 of the Federal Rules of Civil Procedure (FRCP). Specifically, this Note explains what is due on the RFP's return date, how electronically stored information (ESI) will be identified and how counsel can determine whether all relevant information is being produced. | Practice Notes | Maintained |
| 22 | Drafting a Document Retention Policy 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. | Practice Notes | Maintained |
| 23 | E-filing in Federal District Court: Formatting Issues A Practice Note explaining how to properly format documents for e-filing in federal district court. Specifically, this Note covers how to convert documents from Word into PDF, how to properly sign e-filed documents, how to properly format exhibits for e-filing and how to redact information from PDF files. It also explains what can happen if your documents fail to meet the court's formatting requirements. | Practice Notes | Maintained |
| 24 | E-filing in Federal District Court: General Filing Issues 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. | Practice Notes | Maintained |
| 25 | E-filing in Federal District Court: Service Issues A Practice Note outlining the key issues to consider when serving documents electronically in federal district court through the Case Management/Electronic Case Filing (CM/ECF) system. Specifically, this Note explains what rules govern electronic service in federal district court, how to sign up for electronic service, how to serve other parties in CM/ECF cases and whether the deadlines for electronic service differ from those for conventional service. | Practice Notes | Maintained |
| 26 | E-filing in Federal District Court: Special Filing Issues 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. | Practice Notes | Maintained |
| 27 | E-filing in Federal District Court: The Basics This Practice Note provides an overview on how to e-file documents in federal district court through the Case Management/Electronic Case Filing (CM/ECF) system. Specifically, this Note explains what rules govern e-filing in federal court, the hardware and software requirements for e-filing and how to sign up for CM/ECF access. It also briefly outlines the steps you must take to upload documents onto CM/ECF for filing. | Practice Notes | Maintained |
| 28 | Employment Litigation: Single Plaintiff Employment ... 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. | Practice Notes | Maintained |
| 29 | Exhaustion of Administrative Remedies and Statutes of ... This Note discusses the requirement that plaintiffs exhaust administrative remedies under Title VII of the Civil Rights Act of 1964 (Title VII), the Americans with Disabilities Act (ADA), the Genetic Information Nondiscrimination Act of 2008 (GINA) and the Age Discrimination in Employment Act (ADEA) before they may sue a private employer in federal court. It also discusses time limits for filing charges before the Equal Employment Opportunity Commission (EEOC) and for filing complaints in federal court. | Practice Notes | Maintained |
| 30 | Federal Circuit Appeals: Appellee's Brief and Reply Brief 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). | Practice Notes | Maintained |
| 31 | Federal Circuit Appeals: Appendix This Practice Note addresses the preparation and submission of the appendix in appeals to the US Court of Appeals for the Federal Circuit from a federal district court, the US Court of Federal Claims or the US Court of International Trade. The Note explains how the parties prepare the appendix and what parts of the record on appeal they must include or exclude. The Note also addresses how to format, serve and file the appendix. | Practice Notes | Maintained |
| 32 | Federal Circuit Appeals: Briefing Schedule and Appellant's ... 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. | Practice Notes | Maintained |
| 33 | Federal Circuit Appeals: Cross-appeals and Amicus Curiae ... This Practice Note addresses two variations on the usual process for briefing appeals to the US Court of Appeals for the Federal Circuit from a federal district court, the US Court of International Trade or the US Court of Federal Claims. Specifically, the Note explains the procedures governing cross-appeals and amicus curiae briefs (also known as friend of the court briefs). | Practice Notes | Maintained |
| 34 | Federal Circuit Appeals: Initiating an Appeal 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. | Practice Notes | Maintained |
| 35 | Federal Circuit Appeals: Post-Initiation Filings and Mediation ... 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. | Practice Notes | Maintained |
| 36 | Filing Documents in Federal District Court A Practice Note explaining how to properly file pleadings, motions and other documents in federal district court. Specifically, this Note explains who may file documents, what documents get filed with the court, when and how to file documents and the personal information that must be redacted from them before filing. | Practice Notes | Maintained |
| 37 | Financial Reporting in the US: Basic Concepts 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). | Practice Notes | Maintained |
| 38 | Foreign Trade Antitrust Improvements Act (FTAIA) This Note covers the Foreign Trade Antitrust Improvements Act (FTAIA). It discusses statutory interpretation and jurisdictional limits on US antitrust enforcement, as well as key cases. | Practice Notes | Maintained |
| 39 | General Formatting Rules in Federal Court 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. | Practice Notes | Maintained |
| 40 | Handling a Dispute: Business Briefing A template briefing for in-house counsel to give business executives on handling disputes, covering topics including the decision to litigate, dealing with adversaries and the press, preserving evidence and settling the dispute. Click here to download in Microsoft Word. | Practice Notes | Maintained |
| 41 | How to Prepare for and Successfully Defend a Rule 30(b)(6) ... 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. | Practice Notes | Maintained |
| 42 | ITC Section 337 Investigations: Patent Infringement Claims A Practice Note describing Section 337 investigations involving intellectual property infringement before the International Trade Commission (ITC), focusing on patent infringement claims. It outlines the basic steps of an ITC Section 337 investigation and the substantive and procedural ways it differs from typical district court patent infringement litigation, including key differences in timing. It also provides an overview of the general steps from pre-filing analysis through post-hearing briefing. | Practice Notes | Maintained |
| 43 | Implementing a Litigation Hold 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. | Practice Notes | Maintained |
| 44 | Internal Investigations: US Privilege and Work Product ... This Practice Note provides guidance for in-house lawyers involved in internal corporate investigations to help them ensure the proper creation and maintenance of the attorney-client privilege and work product protection over communications made, or documents created, during the investigation. | Practice Notes | Maintained |
| 45 | International Litigation: Discovery in the US in Aid of ... 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. | Practice Notes | Maintained |
| 46 | International Litigation: Recognition and Enforcement of ... A Practice Note examining the issues counsel may face when seeking the recognition and enforcement of a foreign judgment or arbitral award issued by a non-US court in the US. | Practice Notes | Maintained |
| 47 | International Litigation: Serving Process outside the US This Practice Note analyzes the key issues to consider when serving process on a defendant outside the US. In particular, this Note addresses service of process under the 1965 Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (Hague Convention), Inter-American Convention on Letters Rogatory and its Additional Protocol (Inter-American Service Convention or IASC), Rule 4 of the Federal Rules of Civil Procedure (FRCP), US state law and the Foreign Sovereign Immunities Act (FSIA). | Practice Notes | Maintained |
| 48 | Issues in transatlantic litigation This note address the issues that arise when it is possible for a party to bring proceedings in the courts of England and Wales, or the US. The note: Considers the key procedural differences between English and US litigation. Identifies major differences in the substantive laws of the two jurisdictions. Discusses the practical issues facing litigants in transatlantic litigation. | Practice Notes | Maintained |
| 49 | Litigating the Attorney-Client Privilege and Work Product ... 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. | Practice Notes | Maintained |
| 50 | Mediation: US Privilege and Work Product Issues This Practice Note analyzes, and suggests ways to maximize, the various privileges and protections that may shield mediation communications from disclosure to third parties who are uninvolved in the mediation. In particular, this Note addresses the mediation privilege, attorney-client privilege, work product doctrine and Federal Rule of Evidence 408. | Practice Notes | Maintained |
| 51 | Motion to Dismiss: Drafting and Filing a Motion to Dismiss ... 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. | Practice Notes | Maintained |
| 52 | Ninth Circuit Civil Appeals: Appellee's Brief and Reply Brief 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 Ninth Circuit from a federal district court's order or judgment in a civil action. The Note explains the content, formatting, service and filing requirements for both types of briefs. | Practice Notes | Maintained |
| 53 | Ninth Circuit Civil Appeals: Briefing Schedules and Appellant's ... 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. | Practice Notes | Maintained |
| 54 | Ninth Circuit Civil Appeals: Cross-appeals, Joint Briefs ... This Practice Note addresses four briefing issues that may arise 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 first explains how parties brief cross-appeals. Next, the Note explains how and why separately represented parties may file joint briefs. The Note also sets out the process for submitting supplemental authorities after briefing is completed (by means of so-called Rule 28(j) letters). Finally, the Note explains how and when a non-party may file an amicus curiae brief (also known as a friend of the court brief). | Practice Notes | Maintained |
| 55 | Ninth Circuit Civil Appeals: Excerpts of Record 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. | Practice Notes | Maintained |
| 56 | Ninth Circuit Civil Appeals: Initiating An Appeal This Practice Note explains the procedure for initiating 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 addresses preliminary considerations, taking an appeal as of right and petitioning for permission to appeal. | Practice Notes | Maintained |
| 57 | Ninth Circuit Civil Appeals: Motions 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. | Practice Notes | Maintained |
| 58 | Ninth Circuit Civil Appeals: Oral Argument, Disposition and ... This Practice Note covers oral argument, disposition and rehearing 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 the availability, scheduling and conduct of oral argument. It also explains the Ninth Circuit's issuance of opinions, memoranda and orders deciding appeals, as well as the process for the prevailing party to recover costs. Finally, the Note addresses both panel rehearing and rehearing en banc. | Practice Notes | Maintained |
| 59 | Ninth Circuit Civil Appeals: Post-Initiation Filings and ... 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. | Practice Notes | Maintained |
| 60 | Patent Litigation: Mapping a Global Strategy A Note discussing a global approach to patent litigation. It outlines key strategic considerations for patentees seeking to file patent infringement suits against an alleged infringer in more than one jurisdiction, in particular the differences between key jurisdictions in timing, procedure and substantive patent law. | Practice Notes | Maintained |
| 61 | Piercing the Corporate Veil 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. | Practice Notes | Maintained |
| 62 | Practical Tips for Handling E-Discovery This Practice Note discusses the key issues companies should consider to ensure that they comply with their obligations to preserve and produce electronically stored information in federal civil litigation. | Practice Notes | Maintained |
| 63 | Preliminary Injunctive Relief: Appeals 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. | Practice Notes | Maintained |
| 64 | Preliminary Injunctive Relief: Drafting the Required ... A Note addressing the process of applying for preliminary injunctive relief in federal district court. Specifically, this Note covers how to properly draft the documents required to bring an application for a preliminary injunction and a temporary restraining order (TRO). | Practice Notes | Maintained |
| 65 | Preliminary Injunctive Relief: Procedure for Obtaining ... 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. | Practice Notes | Maintained |
| 66 | Private Antitrust Actions This Practice Note provides an overview of key issues related to private enforcement of antitrust laws in the US, including the statutory basis for antitrust remedies, standing requirements and recent changes in the standards for motions to dismiss. | Practice Notes | Maintained |
| 67 | Product Liability Claims, Defenses and Remedies 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. | Practice Notes | Maintained |
| 68 | Product Liability Class Actions A Practice Note analyzing the general procedural framework for litigating product liability class actions. Specifically, this Note covers the key features of litigating product liability class actions under Rule 23 of the Federal Rules of Civil Procedure (FRCP) and the Class Action Fairness Act of 2005 (CAFA). | Practice Notes | Maintained |
| 69 | Product Liability Litigation: Cross-border Issues 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. | Practice Notes | Maintained |
| 70 | Product Liability Litigation: Discovery Issues A Practice Note analyzing the key issues for companies to consider during the discovery phase of product liability lawsuits. Specifically, this Note focuses on handling large-scale document production, addressing "bad" company documents, preparing company witnesses for depositions and preparing for expert discovery. It also identifies some of the ways that courts try to manage the discovery process in these types of cases. | Practice Notes | Maintained |
| 71 | Product Liability Litigation: Pre-trial Motions 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. | Practice Notes | Maintained |
| 72 | Product Liability Litigation: Trial and Settlement A Practice Note analyzing the key issues for companies to consider when trying or settling product liability cases. Specifically, this Note outlines how to effectively convey the company's story at trial, the possible preclusive effect of a product liability judgment on future litigation and strategic issues to consider when settling a product liability lawsuit. | Practice Notes | Maintained |
| 73 | Product Liability Multidistrict Litigation 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. | Practice Notes | Maintained |
| 74 | Raising Antitrust Merger Challenges: Third-Party Strategies Customers, competitors and other third parties opposed to a potential transaction in their industry can take proactive steps to challenge the transaction, such as encouraging the investigating federal antitrust agency to block it, filing a private civil suit or even lobbying Congress. | Practice Notes | Maintained |
| 75 | Removal: How to Remove a Case to Federal Court 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. | Practice Notes | Maintained |
| 76 | Removal: Post-remand Procedure A Note outlining the procedural course litigation normally takes immediately following remand. Specifically, this Note addresses when remand is complete, the consequences of remand for both the federal and state courts, the effect of pre-remand orders, motions and pleadings on the state-court action, how to recover removal-related costs and fees after remand is ordered and whether (and how) to appeal the remand order. | Practice Notes | Maintained |
| 77 | Removal: Post-removal Amendments 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. | Practice Notes | Maintained |
| 78 | Removal: Post-removal Procedure A Practice Note outlining the key procedural issues to consider after a case has been removed to federal court. Specifically, this Note addresses: whether state or federal law governs the case after removal, post-removal service of process, responding to the complaint after removal, moving for remand, making a post-removal jury demand, dealing with pre-removal motions, orders, attachments and bonds, supplying the district court with the state-court record and handling post-removal discovery and scheduling issues. | Practice Notes | Maintained |
| 79 | Removal: Remanding the Case to State 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. | Practice Notes | Maintained |
| 80 | Responding to Equal Employment Opportunity Commission ... A Note describing best practices for responding effectively to an Equal Employment Opportunity Commission charge. This Note addresses federal law. For information on state law requirements, see the State Q&A Tool under Related Content to the right. | Practice Notes | Maintained |
| 81 | Responsive Pleadings: Answering the Complaint 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. | Practice Notes | Maintained |
| 82 | Responsive Pleadings: Counterclaims and Crossclaims A guide to drafting a federal court answer in which the defendant asserts its own claims against the plaintiff or co-defendants according to the Federal Rules of Civil Procedure (FRCP). Specifically, this Practice Note explains the nature of counterclaims and crossclaims, considerations in deciding whether to plead them, how to draft them, and how the assertion of affirmative claims may affect service and filing of the answer. Finally, this Note addresses answers to these claims, including possible responsive claims, and replies. | Practice Notes | Maintained |
| 83 | Responsive Pleadings: Third-party Practice 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. | Practice Notes | Maintained |
| 84 | Second Circuit Civil Appeals: Amicus Curiae Briefs This Practice Note addresses the preparation and submission of amicus curiae briefs (also known as friend of the court briefs) 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. | Practice Notes | Maintained |
| 85 | Second Circuit Civil Appeals: Appellant's Brief and Appendix 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. | Practice Notes | Maintained |
| 86 | Second Circuit Civil Appeals: Appellate Motions This Practice Note addresses motion practice 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. The Note also covers voluntary discontinuance of an appeal. | Practice Notes | Maintained |
| 87 | Second Circuit Civil Appeals: Appellee's Brief, Reply Brief and ... 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). | Practice Notes | Maintained |
| 88 | Second Circuit Civil Appeals: Initiating an Appeal This Practice Note explains the process for starting an appeal 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 covers preliminary considerations, taking an appeal as of right, petitioning for permission to appeal and cost bonds. | Practice Notes | Maintained |
| 89 | Second Circuit Civil Appeals: Oral Argument, Disposition and ... 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. | Practice Notes | Maintained |
| 90 | Second Circuit Civil Appeals: Post-Initiation Filings and CAMP ... This Practice Note explains the process between initiation and briefing in an appeal to the US Court of Appeals for the Second Circuit from a federal district court's order or judgment in a civil action. The Note covers using the Second Circuit's case management/electronic case filing (CM/ECF) system, ordering transcripts, preparing the record on appeal and filing notices of appearance. The Note also explains the Second Circuit's mandatory settlement program, known as the Civil Appeals Management Plan (CAMP). | Practice Notes | Maintained |
| 91 | Serving Federal Court Documents under Fed. R. Civ. P. 5 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. | Practice Notes | Maintained |
| 92 | Settlement Tactics in US Litigation A Note explaining the principal factors that can help counsel decide whether, when and how to settle litigation proceedings. | Practice Notes | Maintained |
| 93 | Shareholder Derivative Litigation 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. | Practice Notes | Maintained |
| 94 | Shareholder Derivative Litigation: Special Litigation ... A Note examining the key features of special litigation committees (SLCs) and their role in shareholder derivative litigation. Specifically, this Note addresses the basic features of SLCs, judicial review of an SLC's recommendations and how to obtain discovery from an SLC. | Practice Notes | Maintained |
| 95 | Subpoenas: Responding to a Subpoena 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. | Practice Notes | Maintained |
| 96 | Subpoenas: Using Subpoenas to Obtain Evidence This Practice Note analyzes the key issues that parties should consider when they use subpoenas to obtain evidence in federal civil litigation. Specifically, this Note addresses: the situations in which a party should use a subpoena, what information must be included in a subpoena, who may issue a subpoena, how to serve a subpoena, how to calculate the fee to be paid to the subpoenaed witness, how to provide notice of the subpoena to the other parties, how to enforce the subpoena, and how to appeal a court order granting or denying the discovery sought in a subpoena. | Practice Notes | Maintained |
| 97 | Summary Judgment: Basic Principles 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. | Practice Notes | Maintained |
| 98 | Summary Judgment: Drafting and Filing a Summary Judgment ... A Practice Note describing issues counsel should consider when drafting a summary judgment motion pursuant to FRCP 56. Specifically this Note describes how to plan a summary judgment motion, the pre-motion requirements and the necessary papers. This Note also discusses serving and filing the motion, opposition and reply. | Practice Notes | Maintained |
| 99 | Systemic Discrimination: Responding to EEOC Investigations ... 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. | Practice Notes | Maintained |
| 100 | Third-party Litigation Financing in the US Litigation financing allows companies and their law firms to reduce the risks and costs of litigation and unlock the embedded value of commercial claims. It is also known as alternative (or external) dispute funding. | Practice Notes | Maintained |
| 101 | Trends in Federal White Collar Prosecutions A Practice Note covering recent 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. | Practice Notes | Maintained |
| 102 | Work Product Doctrine: Basic Principles A Practice Note analyzing the basic principles underlying the work product doctrine in the US. Specifically, this Note covers the major differences between the work product doctrine and the attorney-client privilege, what types of information may be protected by the work product doctrine, who may create work product, who may assert the work product protection and how long the work product protection lasts. | Practice Notes | Maintained |
| 103 | Work Product Doctrine: Overcoming the Work Product ... 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. | Practice Notes | Maintained |
| 104 | Work Product Doctrine: Waiving the Work Product Protection A Practice Note analyzing the key issues courts consider in determining whether a party has waived the work product protection. | Practice Notes | Maintained |
| 105 | Work Product Doctrine: What Information is Protected by the ... 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. | Practice Notes | Maintained |
| 106 | Work Product Doctrine: Work Product Must be Created in ... A Practice Note analyzing the key issues courts 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. | Practice Notes | Maintained |
| 107 | A world tour of the rules of privilege 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. | Practice Notes | 30-Jul-2009 |
|
| 1 | Affidavit of Service (Fed. R. Civ. P. 4) 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. | Standard Documents | Maintained |
| 2 | Affidavit of Service (Fed. R. Civ. P. 5) A sample affidavit of service that may be used to prove service of interlocutory documents in federal civil litigation under Rule 5 of the Federal Rules of Civil Procedure (FRCP).The substance of this sample affidavit may be converted into a declaration or a certificate of service. This Standard Document has integrated drafting notes with important explanations and drafting tips. | Standard Documents | Maintained |
| 3 | Affidavit: General (Federal) A sample affidavit that may be used in federal civil litigation. This Standard Document has integrated drafting notes with important explanations and drafting tips. | Standard Documents | Maintained |
| 4 | Answer (Federal) A sample answer that a defendant may use to respond to a complaint in a civil lawsuit in federal district court. This Standard Document contains integrated drafting notes with important explanations and tips for drafting the answer's caption, admissions, denials, defenses (including affirmative defenses) and signature block. | Standard Documents | Maintained |
| 5 | Answer and Counterclaims (Federal) 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. | Standard Documents | Maintained |
| 6 | Answer and Crossclaims (Federal) A sample answer and crossclaims that a civil defendant in federal district court may use to respond to a complaint and assert its own claims against a co-party concerning the subject of the plaintiff's complaint. 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. | Standard Documents | Maintained |
| 7 | Complaint (Federal) 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. | Standard Documents | Maintained |
| 8 | Copyright Infringement Cease and Desist Letter A letter from (or on behalf of) a copyright owner requesting that the recipient cease and desist from engaging in infringing activities and demanding certain remedies and assurances from the alleged infringer. 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. | Standard Documents | Maintained |
| 9 | DMCA Complaint (Takedown Notice) 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. | Standard Documents | Maintained |
| 10 | Declaration: General (Federal) A sample declaration that may be used in federal civil litigation. This Standard Document has integrated drafting notes with important explanations and drafting tips. | Standard Documents | Maintained |
| 11 | Document Preservation Notice 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. | Standard Documents | Maintained |
| 12 | Document Requests: Request for the Production of ... A sample request for the production of documents that may be used in federal civil litigation. This Standard Document has integrated drafting notes with important explanations and drafting tips. | Standard Documents | Maintained |
| 13 | Document Retention Policy 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. | Standard Documents | Maintained |
| 14 | EEOC Record Retention Schedule A schedule of the records that must be retained by entities regulated by the Equal Employment Opportunity Commission. | Standard Documents | Maintained |
| 15 | Engagement (Retainer) Letter: Alternative Fee Arrangement 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. | Standard Documents | Maintained |
| 16 | Engagement (Retainer) Letter: Contingency Fee Arrangement A letter agreement between outside counsel and a corporate client for the provision of legal services charged on a contingency 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. | Standard Documents | Maintained |
| 17 | Engagement (Retainer) Letter: Hourly Fee Arrangement 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. | Standard Documents | Maintained |
| 18 | Equal Employment Opportunity Commission Position ... Template clauses for an employer position statement to the Equal Employment Opportunity Commission (EEOC) responding to an employee charge of discrimination, harassment or retaliation. This Standard Document has integrated notes with important explanatory notes and drafting tips. | Standard Documents | Maintained |
| 19 | Joint Defense and Confidentiality Agreement 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. | Standard Documents | Maintained |
| 20 | Letter of Request (Hague Evidence Convention) A sample letter of request that may be submitted with an application to a US court to request production of discovery from an individual or entity located in a foreign country under the Hague Convention on Taking of Evidence Abroad in Civil or Commercial Matters (Hague Evidence Convention). This Standard Document has integrated drafting notes with important explanations and drafting tips. | Standard Documents | Maintained |
| 21 | Litigation Budget Template 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. | Standard Documents | Maintained |
| 22 | Memorandum to Employees Regarding Proper Maintenance ... A memorandum from in-house counsel advising company employees on how to maintain the attorney-client privilege over their communications with the company's attorneys, and further explaining the nature of counsel's relationship with the company and its employees. | Standard Documents | Maintained |
| 23 | Motion to Dismiss: Memorandum of Law 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. | Standard Documents | Maintained |
| 24 | Motion to Dismiss: Proposed Order A sample proposed order that a party may submit with its motion (or opposition to a motion) to dismiss in a civil lawsuit in federal district court. This Standard Document contains integrated drafting notes with important explanations and tips for drafting. | Standard Documents | Maintained |
| 25 | Ninth Circuit Amicus Brief 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. | Standard Documents | Maintained |
| 26 | Ninth Circuit Appellant's Brief A sample brief to be used by the appellant in an appeal before the US Court of Appeals for the Ninth Circuit that provides legal and factual support for reversal of a US district court's civil judgment or order. This sample reflects the formatting and content requirements imposed by the 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. | Standard Documents | Maintained |
| 27 | Ninth Circuit Appellant's Reply Brief 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. | Standard Documents | Maintained |
| 28 | Ninth Circuit Appellee's Brief A sample appellee's brief used in the US Court of Appeals for the Ninth Circuit that provides legal and factual support for affirming a US district court's civil judgment or order. This sample reflects the formatting and content requirements imposed by the Federal Rules of Appellate Procedure (FRAP) and the Local Rules of the Ninth Circuit. The Standard Document has integrated drafting notes with important explanations and drafting tips. | Standard Documents | Maintained |
| 29 | Ninth Circuit Excerpts of Record (Less Than 75 Pages) 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. | Standard Documents | Maintained |
| 30 | Ninth Circuit Excerpts of Record (More Than 75 Pages) A sample document for excerpts of record to be used in the US Court of Appeals for the Ninth Circuit when the excerpts of record total more 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. | Standard Documents | Maintained |
| 31 | Notice of Appeal (Federal) 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. | Standard Documents | Maintained |
| 32 | Notice of Appearance (Federal) A sample Notice of Appearance that may be used in federal civil litigation. This Standard Document has integrated drafting notes with important explanations and drafting tips. | Standard Documents | Maintained |
| 33 | Notice of Deposition (Fed. R. Civ. P. 30(b)(1)) 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. | Standard Documents | Maintained |
| 34 | Notice of Deposition (Fed. R. Civ. P. 30(b)(6)) A sample deposition notice under Federal Rule of Civil Procedure (FRCP) 30(b)(6), which may be used to notice the deposition of a public or private corporation, partnership, association, governmental agency or other entity. This Standard Document has integrated drafting notes with important explanations and drafting tips. | Standard Documents | Maintained |
| 35 | Notice of Filing of Notice of Removal 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. | Standard Documents | Maintained |
| 36 | Notice of Removal A document filed in federal district court notifying the court and the parties that a case originally filed in state court has been removed to federal district court. This Standard Document has integrated drafting notes with important explanations and drafting tips. | Standard Documents | Maintained |
| 37 | Order to Show Cause for Preliminary Injunction and ... 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. | Standard Documents | Maintained |
| 38 | Patent Litigation: Settlement Agreement and Release (Pro ... A sample agreement between two or more parties settling a pending patent litigation in the US, releasing specific patent infringement claims in existence as of the agreement's effective date. This Standard Document is drafted in favor of the patent owner but aims to be reasonable and includes provisions that are common to negotiated patent settlement agreements. This Standard Document has integrated notes with important explanations and drafting tips. | Standard Documents | Maintained |
| 39 | Pre-Suit Notice Letter 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. | Standard Documents | Maintained |
| 40 | Privilege Log A sample privilege log that may be used in federal civil litigation to explain why certain documents and other materials are being withheld on grounds of attorney-client privilege, work product protection or another recognized privilege or protection. This Standard Document has integrated drafting notes with important explanations and drafting tips. | Standard Documents | Maintained |
| 41 | Proof Matrix 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. | Standard Documents | Maintained |
| 42 | Rule 7.1 Disclosure Statement A statement filed by a nongovernmental corporate party in a federal civil lawsuit pursuant to Rule 7.1 of the Federal Rules of Civil Procedure (FRCP) disclosing the party's parent corporation(s) and any publicly held corporation owning 10% or more of the party's stock. Local rules may impose additional requirements, but this Standard Document will be useful in most jurisdictions. This Standard Document has integrated drafting notes with important explanations and drafting tips. | Standard Documents | Maintained |
| 43 | Second Circuit Amicus Brief 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. | Standard Documents | Maintained |
| 44 | Second Circuit Appellant's Brief A sample brief to be used by the appellant in an appeal before the US Court of Appeals for the Second Circuit that provides legal and factual support for reversal or vacatur of a US district court's civil judgment or order. 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. | Standard Documents | Maintained |
| 45 | Second Circuit Appellant's Reply Brief 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. | Standard Documents | Maintained |
| 46 | Second Circuit Appellee's Brief A sample brief to be used by the appellee in the US Court of Appeals for the Second Circuit that provides legal and factual support for affirming a US district court's civil judgment or order. 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. | Standard Documents | Maintained |
| 47 | Second Circuit Appendix 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. | Standard Documents | Maintained |
| 48 | Settlement Agreement and Release: A US Example A sample agreement between two or more parties settling a pending lawsuit and releasing future claims. This Standard Document has integrated notes with important explanations and drafting tips. | Standard Documents | Maintained |
| 49 | Stipulation of Dismissal 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. | Standard Documents | Maintained |
| 50 | Third-party Complaint (Federal) A sample third-party complaint that may be used to implead a new party in a civil lawsuit in federal district court. This Standard Document contains integrated drafting notes with important explanations and tips for drafting the third-party complaint's caption, preliminary statement, jurisdiction section, venue section, facts section, legal claims, prayer for relief, jury demand and signature block. | Standard Documents | Maintained |
| 51 | Trademark Infringement Cease and Desist Letter 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 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. | Standard Documents | Maintained |
|
| 1 | Faragher-Ellerth Defense Standard Language for Summary ... 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. | Standard Clauses | Maintained |
| 2 | McDonnell Douglas Standard Language for Summary ... This Standard Clause provides model language that can be used to characterize the McDonnell Douglas burden shifting standard in a brief supporting a motion for summary judgment. The standard is the framework against which courts may assess a claim of discriminatory treatment. 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. | Standard Clauses | Maintained |
| 3 | Privilege Waiver Clause with Claw-Back Provision 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. | Standard Clauses | Maintained |
|
| 1 | Alabama Statute of Limitations Checklist A Checklist of the statutes of limitations in Alabama for several commercial claims. | Checklists | Maintained |
| 2 | Attorney-Client Privilege Checklist: Ensuring Confidentiality The attorney-client privilege is one of the oldest and most important evidentiary privileges in the US. It protects confidential attorney-client communications that relate to legal advice from disclosure to third parties. The purpose of the attorney-client privilege is to promote full and frank communications between attorneys and their clients. This Checklist sets out the key issues to consider in determining whether an attorney-client communication is confidential and therefore potentially within the scope of the privilege. | Checklists | Maintained |
| 3 | Attorney-Client Privilege Checklist: Identifying the Attorney ... 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. | Checklists | Maintained |
| 4 | Attorney-Client Privilege Checklist: Scope of Protection The attorney-client privilege is one of the oldest and most important evidentiary privileges in the US. It protects confidential attorney-client communications that relate to legal advice from disclosure to third parties. The purpose of the attorney-client privilege is to promote full and frank communications between attorneys and their clients. This Checklist sets out the key issues to consider in determining whether an attorney-client communication relates to substantive matters potentially within the scope of the privilege. | Checklists | Maintained |
| 5 | Attorney-Client Privilege Checklist: Waiving the Privilege A Checklist of key issues to consider in determining whether the attorney-client privilege has been waived. | Checklists | Maintained |
| 6 | Attorney-Client Privilege and Work Product Doctrine Checklist ... A Checklist of key issues to consider when litigating the attorney-client privilege and work product protections in federal court. | Checklists | Maintained |
| 7 | Attorney-Client Privilege and Work Product Doctrine Checklist ... A Checklist of key issues to consider when asserting the attorney-client privilege and work product protections in federal civil litigation. | Checklists | Maintained |
| 8 | Before You Litigate in the US: Practical Considerations ... A Checklist of practical issues that corporate counsel should consider before commencing litigation in the US. | Checklists | Maintained |
| 9 | CD Cal. Formatting Checklist: Class Action Complaint A checklist of formatting and pleading rules for class action complaints filed in the US District Court for the Central District of California. | Checklists | Maintained |
| 10 | CD Cal. Formatting Checklist: Complaint A checklist of formatting and pleading requirements for civil complaints filed in the US District Court for the Central District of California. | Checklists | Maintained |
| 11 | CD Cal. Formatting Checklist: General Formatting Guidelines 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. | Checklists | Maintained |
| 12 | CD Cal. Formatting Checklist: Motion for Summary Judgment A checklist of formatting rules applicable to motions for summary judgment 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. | Checklists | Maintained |
| 13 | CD Cal. Formatting Checklist: Motion to Dismiss 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. | Checklists | Maintained |
| 14 | CD Cal. Formatting Checklist: Notice of Removal A checklist of formatting rules applicable to notices of removal filed in the US District Court for the Central District of California. | Checklists | Maintained |
| 15 | CD Cal. Formatting Checklist: Pro Hac Vice Admission 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. | Checklists | Maintained |
| 16 | CD Cal. Formatting Checklist: Shareholder Derivative ... A checklist of formatting and pleading requirements for shareholder derivative complaints filed in the US District Court for the Central District of California. | Checklists | Maintained |
| 17 | California Statute of Limitations Checklist A Checklist of the statutes of limitations in California for several commercial claims. | Checklists | Maintained |
| 18 | Case Assessment Decision Tree and Costs Worksheet 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 throughout its various stages. | Checklists | Maintained |
| 19 | Colorado Statute of Limitations Checklist A Checklist of the statutes of limitations in Colorado for several commercial claims. | Checklists | Maintained |
| 20 | Commencing a Federal Lawsuit: Drafting the Complaint ... A Checklist of practical issues that plaintiff's counsel should consider when drafting the complaint and preparing the other case initiating documents in a lawsuit in federal district court. Specifically, the Checklist explains how to draft the various sections of the complaint, including the caption, preliminary statement, jurisdiction and venue sections, parties section, facts section, legal claims, prayer for relief and signature block. This checklist also explains how to draft the other case initiating documents, including the summons, Rule 7.1 disclosure statement and civil cover sheet. | Checklists | Maintained |
| 21 | Commencing a Federal Lawsuit: Filing and Serving the ... 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. | Checklists | Maintained |
| 22 | Commencing a Federal Lawsuit: Initial Considerations ... A Checklist of practical 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 need for immediate relief, whether the plaintiff can collect on a judgment, the availability of alternative dispute resolution, whether a pre-suit notice letter must or should be sent, who should be named in the lawsuit, whether the court has subject matter jurisdiction over the case and personal jurisdiction over the defendant, proper venue, bar admission and finding and retaining local counsel. | Checklists | Maintained |
| 23 | Commercial Litigation: Causes of Action Checklist A Checklist setting out the key elements of various causes of action that commonly arise in commercial litigation. | Checklists | Maintained |
| 24 | Common Deadlines in Federal Litigation Chart A Chart of common deadlines under the Federal Rules of Civil Procedure (FRCP) and various federal statutes. | Checklists | Maintained |
| 25 | Company Use of Social Media: Best Practices Checklist A Checklist of best practices for a company to consider when using social media in its business strategy. | Checklists | Maintained |
| 26 | Computing Time in Federal Litigation Checklist A Checklist of steps to take when computing time periods measured in days under Rule 6 of the Federal Rules of Civil Procedure (FRCP). | Checklists | Maintained |
| 27 | Conducting an Internal Investigation Checklist A Checklist of issues for companies to consider when conducting an internal investigation. | Checklists | Maintained |
| 28 | Connecticut Statute of Limitations Checklist A Checklist of the statutes of limitations in Connecticut for several commercial claims. | Checklists | Maintained |
| 29 | Considerations When Selecting an E-Discovery Vendor ... 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. | Checklists | Maintained |
| 30 | Corporate Counsel Trial Readiness Checklist This Checklist sets out key tasks for corporate counsel involved in commercial litigation. Depending on the circumstances of the case and the applicable rules and court deadlines, many of these tasks should be performed anywhere from 90 to 180 days before trial. | Checklists | Maintained |
| 31 | D. Mass. Formatting Checklist: Answer 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. | Checklists | Maintained |
| 32 | D. Mass. Formatting Checklist: Application for Preliminary ... A Checklist of formatting rules for applications for preliminary injunctive relief 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. | Checklists | Maintained |
| 33 | D. Mass. Formatting Checklist: Class Action Complaint A Checklist of formatting rules for class action complaints filed in the US District Court for the District of Massachusetts. | Checklists | Maintained |
| 34 | D. Mass. Formatting Checklist: Complaint A Checklist of formatting rules for civil complaints filed in the US District Court for the District of Massachusetts. | Checklists | Maintained |
| 35 | D. Mass. Formatting Checklist: General Formatting Rules 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. | Checklists | Maintained |
| 36 | D. Mass. Formatting Checklist: Motion for Default Judgment A Checklist of formatting rules for motions for 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. | Checklists | Maintained |
| 37 | D. Mass. Formatting Checklist: Motion for Summary Judgment 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. | Checklists | Maintained |
| 38 | D. Mass. Formatting Checklist: Motion to Compel Arbitration A Checklist of formatting rules for motions to compel arbitration 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. | Checklists | Maintained |
| 39 | D. Mass. Formatting Checklist: Motion to Compel Discovery 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. | Checklists | Maintained |
| 40 | D. Mass. Formatting Checklist: Motion to Confirm an ... A Checklist of formatting rules for motions to confirm arbitration awards 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. | Checklists | Maintained |
| 41 | D. Mass. Formatting Checklist: Motion to Dismiss 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. | Checklists | Maintained |
| 42 | D. Mass. Formatting Checklist: Motion to Quash Subpoena A Checklist of formatting rules for motions to quash subpoenas 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. | Checklists | Maintained |
| 43 | D. Mass. Formatting Checklist: Motion to Remand 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. | Checklists | Maintained |
| 44 | D. Mass. Formatting Checklist: Motion to Vacate Default A Checklist of formatting rules for motions to vacate defaults 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. | Checklists | Maintained |
| 45 | D. Mass. Formatting Checklist: Motion to Vacate Default ... 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. | Checklists | Maintained |
| 46 | D. Mass. Formatting Checklist: Notice of Appeal A Checklist of formatting rules for notices of appeal 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. | Checklists | Maintained |
| 47 | D. Mass. Formatting Checklist: Notice of Removal A Checklist of formatting rules for notices of removal filed in the US District Court for the District of Massachusetts. | Checklists | Maintained |
| 48 | D. Mass. Formatting Checklist: Pro Hac Vice Admission A Checklist of formatting rules for pro hac vice motions 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. | Checklists | Maintained |
| 49 | D. Mass. Formatting Checklist: Shareholder Derivative ... A Checklist of formatting rules for shareholder derivative complaints filed in the US District Court for the District of Massachusetts. | Checklists | Maintained |
| 50 | Delaware Statute of Limitations Checklist A Checklist of the statutes of limitations in Delaware for several commercial claims. | Checklists | Maintained |
| 51 | Depositions: Arranging for a Deposition Checklist A checklist of logistical and practical tasks to complete when arranging for the deposition of a witness. | Checklists | Maintained |
| 52 | Depositions: Preparing to Take a Deposition Checklist A Checklist of steps that counsel should take to prepare to depose a non-expert witness in federal civil litigation. | Checklists | Maintained |
| 53 | Document Requests: Drafting an RFP Checklist 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. | Checklists | Maintained |
| 54 | Document Retention Policy: US Checklist A Checklist addressing why a company should implement a document retention and disposal policy and the key issues to consider when drafting a recordkeeping policy (also known as a records and information management policy). | Checklists | Maintained |
| 55 | Document retention and disposal policies This checklist outlines the issues to address when implementing a document retention and disposal policy. | Checklists | Maintained |
| 56 | E-Discovery Project Management Checklist A chronological checklist of tasks that organize and prioritize the necessary steps to successfully identify, preserve and collect electronically stored information during the discovery process. It also includes ways to prepare for a meet and confer, and identifies some of the production, processing and review issues involved. | Checklists | Maintained |
| 57 | ED Pa. Formatting Checklist: Answer 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. | Checklists | Maintained |
| 58 | ED Pa. Formatting Checklist: Class Action Complaint A Checklist of formatting rules for class action complaints filed in the US District Court for the Eastern District of Pennsylvania. | Checklists | Maintained |
| 59 | ED Pa. Formatting Checklist: Complaint A Checklist of formatting rules for civil complaints filed in the US District Court for the Eastern District of Pennsylvania. | Checklists | Maintained |
| 60 | ED Pa. Formatting Checklist: General Formatting Guidelines A Checklist of formatting rules generally applicable to documents 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. | Checklists | Maintained |
| 61 | ED Pa. Formatting Checklist: Motion for Summary Judgment 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. | Checklists | Maintained |
| 62 | ED Pa. Formatting Checklist: Motion to Compel Arbitration A Checklist of formatting rules for motions to compel arbitration 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. | Checklists | Maintained |
| 63 | ED Pa. Formatting Checklist: Motion to Compel Discovery 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. | Checklists | Maintained |
| 64 | ED Pa. Formatting Checklist: Motion to Confirm Arbitration ... A Checklist of formatting rules for motions to confirm arbitration awards 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. | Checklists | Maintained |
| 65 | ED Pa. Formatting Checklist: Motion to Dismiss 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 | Checklists | Maintained |
| 66 | ED Pa. Formatting Checklist: Motion to Quash Subpoena A Checklist of formatting rules for motions to quash a subpoena 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. | Checklists | Maintained |
| 67 | ED Pa. Formatting Checklist: Motion to Remand 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. | Checklists | Maintained |
| 68 | ED Pa. Formatting Checklist: Motion to Vacate Default A Checklist of formatting rules for motions to vacate a default 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. | Checklists | Maintained |
| 69 | ED Pa. Formatting Checklist: Motion to Vacate Default ... 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. | Checklists | Maintained |
| 70 | ED Pa. Formatting Checklist: Notice of Appeal A Checklist of formatting rules for notices of appeal 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. | Checklists | Maintained |
| 71 | ED Pa. Formatting Checklist: Notice of Removal 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. | Checklists | Maintained |
| 72 | ED Pa. Formatting Checklist: Pro Hac Vice Admission A Checklist of formatting rules for pro hac vice motions 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. | Checklists | Maintained |
| 73 | ED Pa. Formatting Checklist: Request/Motion for Default ... 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. | Checklists | Maintained |
| 74 | ED Pa. Formatting Checklist: Shareholder Derivative ... A Checklist of formatting rules for shareholder derivative complaints filed in the US District Court for the Eastern District of Pennsylvania. | Checklists | Maintained |
| 75 | EDNY Formatting Checklist: Answer 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. | Checklists | Maintained |
| 76 | EDNY Formatting Checklist: Application for Preliminary ... A Checklist of formatting rules for applications for preliminary injunctions and temporary restraining orders 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. | Checklists | Maintained |
| 77 | EDNY Formatting Checklist: Class Action Complaint A Checklist of formatting rules for class action complaints filed in the US District Court for the Eastern District of New York. | Checklists | Maintained |
| 78 | EDNY Formatting Checklist: Complaint A Checklist of formatting rules for civil complaints filed in the US District Court for the Eastern District of New York. | Checklists | Maintained |
| 79 | EDNY Formatting Checklist: Default Judgment 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. | Checklists | Maintained |
| 80 | EDNY Formatting Checklist: General Formatting Guidelines A Checklist of formatting rules generally applicable to all documents 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. | Checklists | Maintained |
| 81 | EDNY Formatting Checklist: Motion for Summary Judgment 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. | Checklists | Maintained |
| 82 | EDNY Formatting Checklist: Motion to Compel Arbitration A Checklist of formatting rules for motions to compel arbitration 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. | Checklists | Maintained |
| 83 | EDNY Formatting Checklist: Motion to Compel Discovery 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. | Checklists | Maintained |
| 84 | EDNY Formatting Checklist: Motion to Confirm Arbitration ... A Checklist of formatting rules for motions to confirm arbitration awards 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. | Checklists | Maintained |
| 85 | EDNY Formatting Checklist: Motion to Dismiss 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. | Checklists | Maintained |
| 86 | EDNY Formatting Checklist: Motion to Quash a Subpoena A Checklist of formatting rules for motions to quash a subpoena 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. | Checklists | Maintained |
| 87 | EDNY Formatting Checklist: Motion to Remand 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. | Checklists | Maintained |
| 88 | EDNY Formatting Checklist: Motion to Vacate a Default A Checklist of formatting rules for motions to vacate a default 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. | Checklists | Maintained |
| 89 | EDNY Formatting Checklist: Motion to Vacate a Default ... 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. | Checklists | Maintained |
| 90 | EDNY Formatting Checklist: Notice of Appeal A Checklist of formatting rules for a notice of appeal 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. | Checklists | Maintained |
| 91 | EDNY Formatting Checklist: Notice of Removal A Checklist of formatting rules for notices of removal filed in the US District Court for the Eastern District of New York. | Checklists | Maintained |
| 92 | EDNY Formatting Checklist: Pro Hac Vice Admission A Checklist of formatting rules for motions for pro hac vice admission 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. | Checklists | Maintained |
| 93 | EDNY Formatting Checklist: Shareholder Derivative ... A Checklist of formatting rules for shareholder derivative complaints filed in the US District Court for the Eastern District of New York. | Checklists | Maintained |
| 94 | Employees and Social Media: Company Best Practices ... A best practices checklist for employers to consider regarding employee use of social media including use of a social media policy, lawful limitations on disparaging comments, prohibitions on misuse, elimination of harassment and requirements for training. This Checklist addresses federal law and general best practices. | Checklists | Maintained |
| 95 | Employment Litigation: Case Assessment Checklist 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. | Checklists | Maintained |
| 96 | FTAIA: Determining Sherman Act Applicability Flowchart This flowchart sets out how the Foreign Trade Antitrust Improvements Act (FTAIA) applies to potential Sherman Act claims. | Checklists | Maintained |
| 97 | Federal District Court E-filing Checklist 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. | Checklists | Maintained |
| 98 | Federal Filing Checklist: Drop Box Filings A Checklist for filing documents in paper format by depositing them in a federal district court's after-hours drop box. | Checklists | Maintained |
| 99 | Federal Filing Checklist: General Paper Filings A Checklist for filing documents in paper format in federal district court. | Checklists | Maintained |
| 100 | Federal Subpoena Checklist A Checklist of key issues parties should consider when they use subpoenas to obtain evidence in federal civil litigation under Rule 45 of the Federal Rules of Civil Procedure (FRCP). | Checklists | Maintained |
| 101 | First Stages of Litigation Timeline 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). | Checklists | Maintained |
| 102 | First Steps for Identifying and Preserving Electronic ... A Checklist addressing the key issues corporate counsel should consider when identifying and preserving potentially responsive documents and electronically stored information in litigation. | Checklists | Maintained |
| 103 | Handling a Government Investigation of a Senior Executive ... A Checklist outlining the steps in-house lawyers should take when a senior executive becomes the target of a government investigation. | Checklists | Maintained |
| 104 | Holiday Party Liability Prevention Checklist A Checklist to help employers minimize the legal risks presented by employer-sponsored holiday parties. This checklist addresses sexual harassment prevention, avoiding harms created by alcohol consumption, workers' compensation liability, and wage and hour claims. This resource is jurisdiction-neutral. For information on state law requirements, see the State Q&A Tools under Related Content to the right. | Checklists | Maintained |
| 105 | Illinois Statute of Limitations Checklist A Checklist of the statutes of limitations in Illinois for several commercial claims. | Checklists | Maintained |
| 106 | Initial Pleadings and Motions Flowchart A flowchart outlining some of the common scenarios that parties face at the pleading and pre-answer motion phase of federal civil litigation. | Checklists | Maintained |
| 107 | Internal Investigations Flowchart A flowchart outlining different stages of an internal investigation, including common issues to consider and practical tips. | Checklists | Maintained |
| 108 | Legal Research: Procedural Rules Checklist A Checklist of various sources of law that an attorney should consult when researching a federal civil procedural issue. | Checklists | Maintained |
| 109 | Legal risk management: Minimising the risk of litigation ... A checklist outlining some of the key steps that companies can take to reduce the threat and impact of litigation. | Checklists | Maintained |
| 110 | Massachusetts Statute of Limitations Checklist A Checklist of the statutes of limitations in Massachusetts for several commercial claims. | Checklists | Maintained |
| 111 | Monitoring and Responding to Third Party Use of Social ... 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. | Checklists | Maintained |
| 112 | Motion to Dismiss Checklist A Checklist of practical issues that counsel should consider when drafting a motion to dismiss in US federal district court. Specifically, this Checklist discusses pre-drafting considerations, timing for making the motion, potential grounds for the motion, the papers to be included in the motion and serving and filing the motion. | Checklists | Maintained |
| 113 | ND Cal. Formatting Checklist: Answer 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. | Checklists | Maintained |
| 114 | ND Cal. Formatting Checklist: Application for Preliminary ... A Checklist of formatting rules applicable to applications for preliminary injunctions and temporary restraining orders in the US District Court for the Northern District of California. The assigned judge's individual practice rules may contain additional formatting requirements. | Checklists | Maintained |
| 115 | ND Cal. Formatting Checklist: Class Action Complaint A Checklist of formatting rules for class action complaints filed in the US District Court for the Northern District of California. | Checklists | Maintained |
| 116 | ND Cal. Formatting Checklist: Complaint A checklist of formatting rules for civil complaints filed in the US District Court for the Northern District of California. | Checklists | Maintained |
| 117 | ND Cal. Formatting Checklist: General Formatting Guidelines 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. | Checklists | Maintained |
| 118 | ND Cal. Formatting Checklist: Motion for Default Judgment A Checklist of formatting rules applicable to motions for default judgments in the US District Court for the Northern District of California. The assigned judge's individual practice rules may contain additional formatting requirements. | Checklists | Maintained |
| 119 | ND Cal. Formatting Checklist: Motion for Summary Judgment 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. | Checklists | Maintained |
| 120 | ND Cal. Formatting Checklist: Motion to Compel Arbitration A checklist of general formatting rules applicable to motions to compel arbitration in the US District Court for the Northern District of California. The assigned judge's individual practice rules may contain additional formatting requirements. | Checklists | Maintained |
| 121 | ND Cal. Formatting Checklist: Motion to Compel Discovery 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. | Checklists | Maintained |
| 122 | ND Cal. Formatting Checklist: Motion to Confirm Arbitration ... A Checklist of formatting rules applicable to motions to confirm arbitration awards in the US District Court for the Northern District of California. The assigned judge's individual practice rules may contain additional formatting requirements. | Checklists | Maintained |
| 123 | ND Cal. Formatting Checklist: Motion to Dismiss 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. | Checklists | Maintained |
| 124 | ND Cal. Formatting Checklist: Motion to Quash Subpoena A Checklist of formatting rules applicable to motions to quash subpoenas in the US District Court for the Northern District of California. The assigned judge's individual practice rules may contain additional formatting requirements. | Checklists | Maintained |
| 125 | ND Cal. Formatting Checklist: Motion to Remand 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. | Checklists | Maintained |
| 126 | ND Cal. Formatting Checklist: Motion to Vacate Default A Checklist of formatting rules applicable to motions to vacate default in the US District Court for the Northern District of California. The assigned judge's individual practice rules may contain additional formatting requirements. | Checklists | Maintained |
| 127 | ND Cal. Formatting Checklist: Motion to Vacate Default ... 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. | Checklists | Maintained |
| 128 | ND Cal. Formatting Checklist: Notice of Appeal A Checklist of formatting rules for notices of appeal filed in the US District Court for the Northern District of California. The assigned judge's individual practice rules may contain additional formatting requirements. | Checklists | Maintained |
| 129 | ND Cal. Formatting Checklist: Notice of Removal A checklist of formatting rules for notices of removal filed in the US District Court for the Northern District of California. | Checklists | Maintained |
| 130 | ND Cal. Formatting Checklist: Pro Hac Vice Admission A checklist of formatting rules for pro hac vice applications filed in the US District Court for the Northern District of California. The assigned judge's individual practice rules may contain additional formatting requirements. | Checklists | Maintained |
| 131 | ND Cal. Formatting Checklist: Shareholder Derivative ... A checklist of formatting rules for shareholder derivative complaints filed in the US District Court for the Northern District of California. | Checklists | Maintained |
| 132 | ND Ill. Formatting Checklist: Answer A Checklist of general formatting rules for answers 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. | Checklists | Maintained |
| 133 | ND Ill. Formatting Checklist: Application for Preliminary ... 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. | Checklists | Maintained |
| 134 | ND Ill. Formatting Checklist: Class Action Complaint A Checklist of formatting rules for class action complaints filed in the US District Court for the Northern District of Illinois. | Checklists | Maintained |
| 135 | ND Ill. Formatting Checklist: Complaint A Checklist of formatting rules for civil complaints filed in the US District Court for the Northern District of Illinois. | Checklists | Maintained |
| 136 | ND Ill. Formatting Checklist: General Formatting Guidelines A Checklist of general formatting rules generally applicable to all documents 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. | Checklists | Maintained |
| 137 | ND Ill. Formatting Checklist: Motion for Default Judgment 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. | Checklists | Maintained |
| 138 | ND Ill. Formatting Checklist: Motion for Summary Judgment A Checklist of formatting rules for motions for summary 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. | Checklists | Maintained |
| 139 | ND Ill. Formatting Checklist: Motion to Compel Arbitration 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. | Checklists | Maintained |
| 140 | ND Ill. Formatting Checklist: Motion to Compel Discovery A Checklist of formatting rules for motions to compel discovery 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. | Checklists | Maintained |
| 141 | ND Ill. Formatting Checklist: Motion to Confirm Arbitration ... 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. | Checklists | Maintained |
| 142 | ND Ill. Formatting Checklist: Motion to Dismiss A Checklist of formatting rules for motions to dismiss 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. | Checklists | Maintained |
| 143 | ND Ill. Formatting Checklist: Motion to Quash Subpoena 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. | Checklists | Maintained |
| 144 | ND Ill. Formatting Checklist: Motion to Remand A Checklist of formatting rules for motions to remand 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. | Checklists | Maintained |
| 145 | ND Ill. Formatting Checklist: Motion to Vacate Default 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. | Checklists | Maintained |
| 146 | ND Ill. Formatting Checklist: Motion to Vacate Default ... A Checklist of formatting rules for motions to vacate a 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. | Checklists | Maintained |
| 147 | ND Ill. Formatting Checklist: Notice of Appeal 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. | Checklists | Maintained |
| 148 | ND Ill. Formatting Checklist: Notice of Removal A Checklist of formatting rules for notices of removal filed in the US District Court for the Northern District of Illinois. | Checklists | Maintained |
| 149 | ND Ill. Formatting Checklist: Pro Hac Vice Admission 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. | Checklists | Maintained |
| 150 | ND Ill. Formatting Checklist: Shareholder Derivative Complaint A Checklist of formatting rules for shareholder derivative complaints filed in the US District Court for the Northern District of Illinois. | Checklists | Maintained |
| 151 | New Jersey Statute of Limitations Checklist A Checklist of the statutes of limitations in New Jersey for several commercial claims. | Checklists | Maintained |
| 152 | New York Statute of Limitations Checklist A Checklist of the statutes of limitations in New York for several commercial claims. | Checklists | Maintained |
| 153 | Ninth Circuit Appellate Briefs Checklist 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. | Checklists | Maintained |
| 154 | Ninth Circuit Formatting Checklist: General Formatting ... A checklist of general formatting rules applicable to documents filed in the US Court of Appeals for the Ninth Circuit. | Checklists | Maintained |
| 155 | Ninth Circuit Formatting Checklist: Motion for a Stay Pending ... A checklist of formatting rules applicable to motions for a stay pending appeal filed in the US Court of Appeals for the Ninth Circuit. | Checklists | Maintained |
| 156 | Ninth Circuit Formatting Checklist: Motion for an Extension of ... A checklist of formatting rules applicable to motions for an extension of time to file a brief filed in the US Court of Appeals for the Ninth Circuit. | Checklists | Maintained |
| 157 | Ninth Circuit Formatting Checklist: Motion to Exceed the Page ... 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. | Checklists | Maintained |
| 158 | Ninth Circuit Standards of Review Checklist This Checklist explains the different standards of review used by the United States Court of Appeals for the Ninth Circuit and provides examples of when the court applies the different standards of review. | Checklists | Maintained |
| 159 | North Carolina Statute of Limitations Checklist A Checklist of the statutes of limitations in North Carolina for several commercial claims. | Checklists | Maintained |
| 160 | Peer Review Panel Program Checklist A Checklist of the steps to take when implementing an independent, neutral internal resolution program for handling employee disputes and workplace conflicts at a company. A peer review panel (PRP) or peer advisory board can help a company constructively manage and promptly resolve employee grievances. | Checklists | Maintained |
| 161 | Preparing for E-Discovery Before Litigation Checklist A checklist of key action points companies should take to prepare for their e-discovery obligations before litigation starts. | Checklists | Maintained |
| 162 | Preventing and Responding to Discrimination Complaints ... A Checklist to help employers prevent discrimination and minimize the risk of related litigation. It includes information on drafting effective policies, training supervisors and staff, conducting internal investigations and responding to internal discrimination complaints. This Checklist addresses federal law. For information on state law requirements, see the State Q&A Tool under Related Content to the right. | Checklists | Maintained |
| 163 | Questions To Ask a Prospective E-Discovery Vendor Checklist 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. | Checklists | Maintained |
| 164 | Removal Checklist A Checklist of key points to consider when removing civil actions to federal district court. | Checklists | Maintained |
| 165 | Responsive Pleadings: Answering the Complaint Checklist 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. | Checklists | Maintained |
| 166 | Responsive Pleadings: Asserting Counterclaims Checklist A Checklist of practical issues that counsel should consider when drafting an answer and counterclaims to a complaint in federal district court. Specifically, this Checklist addresses deciding whether to assert counterclaims, drafting the answer and counterclaims, preparing accompanying documents (for example, corporate disclosure statements and summonses) and serving and filing the pleading. | Checklists | Maintained |
| 167 | Responsive Pleadings: Asserting Crossclaims Checklist 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. | Checklists | Maintained |
| 168 | Responsive Pleadings: Asserting Third-party Claims Checklist A Checklist of practical issues that counsel should consider when pleading third-party claims in federal district court. Specifically, this Checklist addresses preparing to assert third-party claims, drafting the third-party claims, preparing accompanying documents (for example, corporate disclosure statements and summonses) and serving and filing the third-party claims. | Checklists | Maintained |
| 169 | SD Fla. Formatting Checklist: Answer 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. | Checklists | Maintained |
| 170 | SD Fla. Formatting Checklist: Application for Preliminary ... 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 Florida. Be sure to check the assigned judge's individual practice rules for additional formatting requirements. | Checklists | Maintained |
| 171 | SD Fla. Formatting Checklist: Class Action Complaint 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. | Checklists | Maintained |
| 172 | SD Fla. Formatting Checklist: Complaint A checklist of formatting rules for civil 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. | Checklists | Maintained |
| 173 | SD Fla. Formatting Checklist: Default Judgment 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. | Checklists | Maintained |
| 174 | SD Fla. Formatting Checklist: General Formatting Guidelines A checklist of formatting rules generally applicable to all documents 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. | Checklists | Maintained |
| 175 | SD Fla. Formatting Checklist: Motion for Summary Judgment 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. | Checklists | Maintained |
| 176 | SD Fla. Formatting Checklist: Motion to Compel Arbitration A Checklist of formatting rules for motions to compel arbitration 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. | Checklists | Maintained |
| 177 | SD Fla. Formatting Checklist: Motion to Compel Discovery 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. | Checklists | Maintained |
| 178 | SD Fla. Formatting Checklist: Motion to Confirm Arbitration ... A Checklist of formatting rules for motions to confirm arbitration awards 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. | Checklists | Maintained |
| 179 | SD Fla. Formatting Checklist: Motion to Dismiss 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. | Checklists | Maintained |
| 180 | SD Fla. Formatting Checklist: Motion to Quash a Subpoena A Checklist of formatting rules for motions to quash a subpoena 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. | Checklists | Maintained |
| 181 | SD Fla. Formatting Checklist: Motion to Remand 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. | Checklists | Maintained |
| 182 | SD Fla. Formatting Checklist: Motion to Vacate Default A checklist of formatting rules for motions to vacate a default 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. | Checklists | Maintained |
| 183 | SD Fla. Formatting Checklist: Motion to Vacate Default ... 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. | Checklists | Maintained |
| 184 | SD Fla. Formatting Checklist: Notice of Appeal A Checklist of formatting rules for notices of appeal 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. | Checklists | Maintained |
| 185 | SD Fla. Formatting Checklist: Notice of Removal A checklist of formatting rules for a notice of removal filed in the US District Court for the Southern District of Florida. | Checklists | Maintained |
| 186 | SD Fla. Formatting Checklist: Pro Hac Vice Admission A Checklist of formatting rules for motions for pro hac vice admission 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. | Checklists | Maintained |
| 187 | SD Fla. Formatting Checklist: Shareholder Derivative ... 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. | Checklists | Maintained |
| 188 | SDNY Formatting Checklist: Answer A Checklist of formatting rules for answers 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. | Checklists | Maintained |
| 189 | SDNY Formatting Checklist: Application for Preliminary ... 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. | Checklists | Maintained |
| 190 | SDNY Formatting Checklist: Class Action Complaint A Checklist of formatting rules for class action complaints in the US District Court for the Southern District of New York. | Checklists | Maintained |
| 191 | SDNY Formatting Checklist: Complaint A Checklist of formatting rules for civil complaints filed in the US District Court for the Southern District of New York. | Checklists | Maintained |
| 192 | SDNY Formatting Checklist: Default Judgment A Checklist of formatting rules for applications or motions for default judgments filed in the US District Court for the Southern District of New York. It is important for counsel to consult the assigned judge's individual practice rules, as the procedure and formatting requirements vary depending on the judge assigned to the case. | Checklists | Maintained |
| 193 | SDNY Formatting Checklist: General Formatting Guidelines 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. | Checklists | Maintained |
| 194 | SDNY Formatting Checklist: Motion for Summary Judgment A Checklist of formatting requirements for motions for summary 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. | Checklists | Maintained |
| 195 | SDNY Formatting Checklist: Motion to Compel Arbitration 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. | Checklists | Maintained |
| 196 | SDNY Formatting Checklist: Motion to Compel Discovery A Checklist of formatting rules for motions to compel discovery 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. | Checklists | Maintained |
| 197 | SDNY Formatting Checklist: Motion to Confirm Arbitration ... 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. | Checklists | Maintained |
| 198 | SDNY Formatting Checklist: Motion to Dismiss A Checklist of formatting rules for motions to dismiss 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. | Checklists | Maintained |
| 199 | SDNY Formatting Checklist: Motion to Quash Subpoena 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. | Checklists | Maintained |
| 200 | SDNY Formatting Checklist: Motion to Remand A Checklist of formatting rules for motions to remand 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 guidelines. | Checklists | Maintained |
| 201 | SDNY Formatting Checklist: Motion to Vacate Default ... 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. | Checklists | Maintained |
| 202 | SDNY Formatting Checklist: Motion to Vacate a Default A Checklist of formatting rules for motions to vacate a default 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 rules. | Checklists | Maintained |
| 203 | SDNY Formatting Checklist: Notice of Removal A checklist of formatting rules for notices of removal filed in the US District Court for the Southern District of New York. | Checklists | Maintained |
| 204 | SDNY Formatting Checklist: Shareholder Derivative ... A checklist of formatting rules for shareholder derivative complaints in the US District Court for the Southern District of New York. | Checklists | Maintained |
| 205 | Second Circuit Appellate Briefs Checklist 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 Second Circuit after the commencement of an appeal. | Checklists | Maintained |
| 206 | Second Circuit Formatting Checklist: General Formatting ... A checklist of general formatting rules applicable to documents filed in the US Court of Appeals for the Second Circuit. | Checklists | Maintained |
| 207 | Second Circuit Formatting Checklist: Motion for Permission to ... A checklist of formatting rules applicable to motions for permission to file an oversize brief filed in the US Court of Appeals for the Second Circuit. | Checklists | Maintained |
| 208 | Second Circuit Formatting Checklist: Motion for a Stay ... A checklist of formatting rules applicable to motions for a stay pending appeal filed in the US Court of Appeals for the Second Circuit. | Checklists | Maintained |
| 209 | Second Circuit Formatting Checklist: Motion for an Extension ... A checklist of formatting rules applicable to motions for an extension of time to file a brief filed in the US Court of Appeals for the Second Circuit. | Checklists | Maintained |
| 210 | Second Circuit Standards of Review Checklist 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. | Checklists | Maintained |
| 211 | Serving an Amended Complaint Flowchart A flowchart to aid counsel in determining how to serve an amended complaint under the Federal Rules of Civil Procedure (FRCP). Specifically, the flowchart shows whether an amended complaint must be served on a defendant under FRCP 4 or FRCP 5. | Checklists | Maintained |
| 212 | Settlement Agreement Drafting Issues Checklist A Checklist of some of the key issues to consider when entering into a settlement agreement. | Checklists | Maintained |
| 213 | Shifting Burdens of Proof Flowchart: Monopolization A flowchart to aid counsel in identifying the shifting burdens of proof in a monopolization claim brought under Section 2 of the Sherman Act. | Checklists | Maintained |
| 214 | Standard for Preliminary Injunctive Relief by Circuit Chart 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). | Checklists | Maintained |
| 215 | State Illinois Brick Repealer Laws Chart This Chart provides a comprehensive list of the states that have rejected the Illinois Brick doctrine and the corresponding case law or statute. | Checklists | Maintained |
| 216 | Subject Matter Jurisdiction Flowchart 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. | Checklists | Maintained |
| 217 | United States District Court Fee Chart A chart providing the current fees for filings and other events in the US District Courts and the legal authority for those fees. | Checklists | Maintained |
| 218 | Using Documents as Evidence Checklist 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. | Checklists | Maintained |
| 219 | Virginia Statute of Limitations Checklist A Checklist of the statutes of limitations in Virginia for several commercial claims. | Checklists | Maintained |
| 220 | Work Product Doctrine Checklist: Overcoming the Work ... A Checklist of key issues to consider in determining whether a party seeking to discover otherwise protected materials has overcome the work product protection. | Checklists | Maintained |
| 221 | Work Product Doctrine Checklist: Waiving the Work Product ... A Checklist of key issues to consider in determining whether a party has waived the work product protection. | Checklists | Maintained |
| 222 | Work Product Doctrine Checklist: What Information is ... A Checklist of key issues to consider in determining what kinds of documents and other materials may be protected by the work product doctrine. | Checklists | Maintained |
| 223 | Work Product Doctrine Checklist: Who May Create Work ... A Checklist of key issues to consider in determining who may create documents and other materials protected by the work product doctrine. | Checklists | Maintained |
| 224 | Work Product Doctrine Checklist: Work Product Must be ... 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. | Checklists | Maintained |
| 225 | International Litigation: State by State Enactment of Uniform ... A chart listing which states have adopted the Uniform Foreign Money Judgments Recognition Act and the Uniform Foreign Country Money Judgments Recognition Act with citations to the state statutes that adopted the uniform acts. | Checklists | 18-Sep-2012 |
|
| 1 | The Hazards of Over-delegating E-Discovery Obligations 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. | Articles | 22-May-2013 |
| 2 | E-Discovery Glossary This Article contains a glossary of terms commonly used in the context of electronic discovery (e-discovery). Select words have expanded definitions. | Articles | 30-Apr-2013 |
| 3 | Expert Q&A on Third-party Litigation Financing An interview with Reed S. Oslan of Kirkland & Ellis LLP on the practicalities and risks of funding litigation through a third-party investor. | Articles | 23-Apr-2013 |
| 4 | Avoiding Rule 45 Sanctions This Article provides tips on how to successfully subpoena information through the deposition of, or document production by, a non-party to a lawsuit under Federal Rule of Civil Procedure (FRCP) 45. | Articles | 17-Apr-2013 |
| 5 | Obtaining Discovery Abroad for US Proceedings 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. | Articles | 09-Apr-2013 |
| 6 | Discovery Sanctions: Three Cautionary Tales Two federal district courts recently sanctioned parties for discovery failures. A third is positioned to do the same to Apple, if Apple cannot convince the court that it acted in good faith. These cases serve as a warning to practitioners that disregarding discovery obligations often will result in sanctions from the court. This Article explores the three district court cases and provides tips to counsel and companies about handling their discovery obligations and avoiding sanctions. | Articles | 20-Mar-2013 |
| 7 | Enforcing Foreign Arbitral Judgments: Expert Q&A 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. | Articles | 20-Feb-2013 |
| 8 | Avoiding Digital Redaction Disasters This Article provides general tips to avoid accidental disclosure of proprietary or privileged information because of technological mistakes. | Articles | 13-Feb-2013 |
| 9 | Predictive Coding in Action: How It Compares to Human ... 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. | Articles | 06-Feb-2013 |
| 10 | The Sedona Conference's Cooperation Proclamation ... | Articles | 08-Jan-2013 |
| 11 | Subject Matter Waiver: Expert Q & A 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. | Articles | 18-Dec-2012 |
| 12 | Predictive Coding: A Primer This Article is an introduction to predictive coding (also called technology-assisted review (TAR) and computer-assisted review (CAR)). This Article answers common questions, including what predictive coding is, how it works, what are its benefits and how it is used by counsel. It also identifies recent court decisions that address predictive coding. | Articles | 11-Dec-2012 |
| 13 | Webinar: In-house Counsel's Guide to Trial Prep 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. | Articles | 06-Nov-2012 |
| 14 | Litigating in harmony: the standardisation of EU cross-border ... 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. | Articles | 01-Jul-2012 |
| 15 | How Organizations Should Address Cross-border Data ... This Article identifies several key foreign data protection laws that may affect US companies with overseas operations, and offers tips for US companies to comply with these laws. | Articles | 29-Jun-2012 |
| 16 | Webinar: Privilege and Work Product Protection for Internal ... 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. | Articles | 22-May-2012 |
| 17 | Secondary market liability in Canada: securities class actions All Canadian provinces and territories have recently amended their securities statutes to contain provisions that create civil liability for secondary market misrepresentation. Investors that purchase an issuer's securities on the secondary market may now bring claims for misrepresentation and failure to make timely disclosure of a material change. As a result, there has been a marked increase in the number of securities class actions in Canada. This article provides: an overview of the policy rationale behind the new statutory regime; an examination of the regime's key features; and an analysis of the case law that has developed around the provisions so far. 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. | Articles | 01-Mar-2012 |
| 18 | The RMBS Working Group: Who It is and What It Can Do An Article analyzing the structure, mission and implications of the newly formed Residential Mortgage-Backed Securities (RMBS) Working Group. | Articles | 08-Feb-2012 |
| 19 | Expert Q&A on the Rule 26 Amendments: One Year In 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. | Articles | 01-Feb-2012 |
| 20 | Expert Discovery: An Update on the Rule 26 Amendments This Article analyzes the 2010 amendments to Rule 26 of the Federal Rules of Civil Procedure (FRCP) and their impact on the use of expert witnesses in federal cases. Specifically, the Article describes the newly imposed limitations regarding discovery of draft expert reports, the expanded protections afforded communications between counsel and testifying expert witnesses and a new requirement that non-retained expert witnesses provide a summary disclosure. The Article also examines recent court decisions interpreting the new Rule 26. | Articles | 31-Jan-2012 |
| 21 | Innovative Alternative Dispute Prevention and Early ... 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. | Articles | 06-Jan-2012 |
| 22 | Webinar: Document Retention Policies and Litigation Holds ... On November 15, 2011, Practical Law Company and Dorsey & Whitney LLP presented Document Retention Policies and Litigation Holds: Benchmarking Your Process, a one-hour webinar on the legal restrictions and best practices associated with recordkeeping and document holds. You can access the recorded webinar here . Click here to download webinar slides. | Articles | 15-Nov-2011 |
| 23 | Do You Have Your Information Governance House in Order? 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. | Articles | 15-Sep-2011 |
| 24 | Dispute Resolution: Liechtenstein A Q&A guide to dispute resolution in Liechtenstein. 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. | Articles | 01-Aug-2011 |
| 25 | Dispute Resolution: Taiwan 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. | Articles | 01-Aug-2011 |
| 26 | Dispute Resolution: Ukraine A Q&A guide to dispute resolution law in Ukraine. 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. | Articles | 01-Aug-2011 |
| 27 | Ethical Considerations for Engaging Outside Investigative ... 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. | Articles | 09-Jun-2011 |
| 28 | PLC Dispute Resolution feature on the US and Latin America This article, written for PLC Dispute Resolution, features news and commentary for in-house lawyers and others advising companies facing or contemplating litigation in the US and Latin America. | Articles | 06-Jun-2011 |
| 29 | Choosing Outside E-Discovery Service Providers 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. | Articles | 25-May-2011 |
| 30 | Global investigations: managing the risks Recent trends towards increased co-operation and exchange of information between regulators and prosecutors mean that multinational companies frequently have to deal with the same regulatory issues across many jurisdictions. This article sets out the key issues that a company must consider when facing a multi-jurisdictional regulatory investigation. | Articles | 28-Apr-2011 |
| 31 | VSI v. Creative Pipe: The Evolution of the Obligation to ... 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. | Articles | 15-Apr-2011 |
| 32 | Hong Kong's New Arbitration Ordinance: an innovative ... This chapter considers Hong Kong's new Arbitration Ordinance (Chapter 609 of the laws of Hong Kong), which was enacted on 11 November 2010, and will come into effect in June 2011. The chapter highlights some of the reforms brought about by the new Ordinance, and reviews how arbitral parties may benefit from the new Ordinance and the unique elements of the new arbitration system that it will introduce. For a full list of jurisdictional Q&As visit www.practicallaw.com/arbitrationhandbook. | Articles | 01-Mar-2011 |
| 33 | The Gulf of Mexico oil spill: consequences for the oil and gas ... 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. | Articles | 15-Feb-2011 |
| 34 | How Defendants Can Use Class Certification to Their ... An Article discussing recent developments in federal law that may potentially benefit class action defendants. | Articles | 20-Jan-2011 |
| 35 | The Rise of the "Private Surgeon General" 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. | Articles | 19-Nov-2010 |
| 36 | Top-up Options: Mitigating Litigation Risks Increased judicial scrutiny has led parties to change certain terms of their top-up options. Professor Steven M. Davidoff examines these modifications and their effectiveness. | Articles | 01-Oct-2010 |
| 37 | Spoliation Sanctions by Circuit Chart 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.). | Articles | 10-Sep-2010 |
| 38 | Minimizing Litigation Costs by Maximizing the Value of ... An Article highlighting the key points that in-house counsel should consider to maximize the value of their company's insurance coverage in connection with managing their litigation dockets. | Articles | 30-Jul-2010 |
| 39 | Protecting Foreign Parent Corporations from Personal ... 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. | Articles | 12-Jul-2010 |
| 40 | Personal Jurisdiction and the Internet An Article discussing the factors that US courts consider in determining whether a foreign company's website may subject it to personal jurisdiction in the US. | Articles | 06-Jul-2010 |
| 41 | Expert Q&A on the Work Product Doctrine Post-Textron An expert Q&A with Bryan Skarlatos of Kostelanetz & Fink, LLP on the work product doctrine and the impact of the Textron decision. | Articles | 01-Jul-2010 |
| 42 | Protecting Foreign Corporations from US Discovery This Article discusses how US courts may order foreign companies to produce documents in US litigation through their US affiliates and offers practical tips to help foreign companies reduce their exposure to US discovery. | Articles | 18-Jun-2010 |
| 43 | Government Investigations of Corporate Fraud ... An Article detailing the issues in-house counsel face when their companies become the targets of government investigations. | Articles | 30-Apr-2010 |
| 44 | Managing litigation PR Fighting battles in public is now a reality of commercial life. In the face of a potential dispute, a communications strategy needs to be as thought-through and disciplined as the litigation strategy. Moreover, integrating the two approaches maximises the company's chances of reaching a successful conclusion and ensures that the corporate reputation is afforded as much protection as possible. | Articles | 07-Apr-2010 |
| 45 | "Principal Place of Business" Clarified for Diversity Cases 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. | Articles | 25-Mar-2010 |
| 46 | Beyond borders: Indian courts' jurisdiction in a transnational ... This article is part of the PLC multi-jurisdictional guide to dispute resolution. For a full list of contents visit www.practicallaw.com/disputehandbook. | Articles | 01-Mar-2010 |
| 47 | Dispute resolution in the Gulf: Dubai and Bahrain lead the way 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. | Articles | 01-Mar-2010 |
| 48 | Recent and future developments in Swiss attachment law This chapter considers the effects of the recent legal developments concerning attachment (freezing) orders in Switzerland. This article is part of the PLC multi-jurisdictional guide to dispute resolution. For a full list of contents visit www.practicallaw.com/disputehandbook. | Articles | 01-Mar-2010 |
| 49 | Reform of civil procedure in Norwegian arbitration: making ... 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. | Articles | 01-Mar-2010 |
| 50 | E-Discovery Obligations and Sanctions Clarified in "Zubulake ... An Article on a federal district court decision that describes the steps a party must take to properly preserve evidence, and defines the failure to implement an evidence preservation hold as gross negligence. | Articles | 23-Feb-2010 |
| 51 | Federal Court Rejects Use of "Quick Peek" Agreements under ... 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. | Articles | 11-Jan-2010 |
| 52 | Steps for Protecting Privilege Under FRE 502 An Article on the steps necessary to protect attorney-client privilege under Federal Rule of Evidence 502 in light of a federal district court decision critical of counsel's reliance on keyword searches during the discovery process. | Articles | 11-Jan-2010 |
| 53 | Beneficially Held Corporations and Personal Jurisdiction Over ... 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. | Articles | 15-Oct-2009 |
| 54 | Protection of Employer's Electronic Data in New York An analysis of the 2007 New York Court of Appeals decision recognizing for the first time that the common law cause of action of conversion can apply to electronic data. | Articles | 08-Oct-2009 |
| 55 | A Busy Summer in the Chancery Court: Examining Fiduciary ... Professor Steven M. Davidoff writes on the recent decisions from the Delaware Chancery Courts in a post Lyondell world. | Articles | 25-Aug-2009 |
| 56 | Lessons From the Huntsman Corporation Bank Litigation Professor Steven M. Davidoff writes on lessons learned from the Huntsman litigation against the acquisition financing lenders claiming tortious interference of contract. | Articles | 20-Jul-2009 |
| 57 | Commitment Letters: Lessons From Recent US Litigation An article on developments in bank loan commitment letters arising from recent US litigation. | Articles | 28-May-2009 |
| 58 | Litigation resulting from the credit crunch: a comparative study The vast majority of claims arising as a result of the credit crunch fall into two categories: failed (or failing) transactions; or investor claims. This article focuses on these two categories of claim and analyses the manner in which they have arisen in various European jurisdictions and the US. | Articles | 24-Apr-2009 |
| 59 | Obtaining documents and disclosure using the Data ... 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. | Articles | 01-Feb-2009 |
| 60 | Potential liability of professional advisers following the ... The recent economic crisis has seen the collapse of funds in various jurisdictions, including the Cayman Islands. In many instances, the value of a fund has been effectively wiped out. This brings into focus the extent to which these losses can be blamed on one or more of the professional advisers involved in the fund. This article identifies the professional advisers who may be exposed to such litigation and discusses the kind of remedies that may be available. In particular, it examines the sources of Cayman Islands law and the structure of the judicial system, relevant professional advisers and possible actions in contract law, tort law and equitable claims. | Articles | 01-Feb-2009 |
| 61 | Trends in intellectual property litigation in Canada 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. | Articles | 01-Feb-2009 |
| 62 | Debevoise & Plimpton LLP Report on Delaware Chancery ... This Article discusses the Delaware Court of Chancery's decision to block the consummation of an exchange offer launched by Realogy Corporation. This was the first decision involving the recent surge of such debt exchange offers, several others of which may also face litigation, and offers some important lessons for analyzing such transactions. Click here to view the full text. | Articles | 27-Jan-2009 |
| 63 | Private securities litigation: issues for foreign companies 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. | Articles | 11-Nov-2008 |
| 64 | US litigation risk: recent developments An examination of recent developments that affect US litigation risk for non-US businesses.This article is part of the PLC US Special Report, which was published to mark the launch of PLC's first US services. | Articles | 11-Nov-2008 |
| 65 | Group actions and litigation funding 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. | Articles | 01-Feb-2008 |
| 66 | Trends in intellectual property litigation - the UK, the EU and ... Key trends can be identified in IP litigation in relation to claimants using courts across Europe as their theatre of operations, litigants seeking new and innovative forms of declaratory relief, comparative advertising becoming a significant flashpoint in EU trade mark litigation and courts in China appearing to place greater emphasis on the protection of intellectual property rights. This chapter examines these trends in relation to patents, trade marks, designs and copyright. | Articles | 01-Feb-2008 |
| 67 | US attorney-client privilege: under threat 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. | Articles | 26-Jan-2006 |
| 68 | Privilege: a world tour The concept of legal privilege differs across jurisdictions around the world, creating significant risks for multinational companies and their legal advisers. This article, the first of a two-part feature, overviews the law on privilege in 25 jurisdictions. | Articles | 18-Nov-2004 |
|
| 1 | Court and Judge Rules Update: May 15-21, 2013 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. | Legal Update: archive | 21-May-2013 |
| 2 | Fifth Circuit: Expert Testimony Properly Admitted to Prove ... The US Court of Appeals for the Fifth Circuit held in Wellogix, Inc. v. Accenture, L.L.P. that the district court properly allowed expert testimony to support the plaintiff's claim for improper appropriation of trade secrets even though the expert lacked personal knowledge of the defendant's exposure to the trade secrets at issue. | Legal Update: archive | 21-May-2013 |
| 3 | Fifth Circuit Vacates Order Quashing Subpoenas on Greek ... 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. | Legal Update: archive | 20-May-2013 |
| 4 | Third Circuit Affirms District Court's Sua Sponte Raising of ... The US Court of Appeals for the Third Circuit held in Lassiter v. City of Philadelphia that the district court's sua sponte observation at a Federal Rule of Civil Procedure (FRCP) 16 pretrial conference that the statute of limitations had apparently expired was appropriate. | Legal Update: archive | 20-May-2013 |
| 5 | Ninth Circuit Rejects Attorney Fee Award in Settlement for ... 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. | Legal Update: archive | 17-May-2013 |
| 6 | Assessing Litigation Risk: Corporate Veil Piercing This Legal Update outlines the key issues to consider when assessing a corporation's litigation exposure resulting from the actions of other members of the corporate family. | Legal Update: archive | 15-May-2013 |
| 7 | Judge Chappell Issues Initial Decision in FTC Case Against ... Chief Administrative Law Judge Chappell recently issued his initial decision in the Federal Trade Commission's (FTC) case against McWane, Inc. | Legal Update: archive | 15-May-2013 |
| 8 | Court and Judge Rules Update: May 8-14, 2013 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 8 and May 14, 2013. It also reports on changes to the individual practice rules for judges in select district courts during this time period. | Legal Update: archive | 14-May-2013 |
| 9 | Sixth Circuit: Incorrect Docket Number Does Not Make E-filed ... 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. | Legal Update: archive | 14-May-2013 |
| 10 | Court and Judge Rules Update: May 1-7, 2013 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 1 and May 7, 2013. It also reports on changes to the individual practice rules for judges in select district courts during this time period. | Legal Update: archive | 07-May-2013 |
| 11 | Ninth Circuit Reverses Class Action Settlement Due to Conflict ... 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. | Legal Update: archive | 07-May-2013 |
| 12 | The Impact of Sequestration on Federal Courts This Legal Update examines the impact of recent sequestration cuts on federal courts and how these cuts may impact cases and litigation strategy throughout the year. | Legal Update: archive | 07-May-2013 |
| 13 | Fourth Circuit: Wartime Suspension of Limitations Act Tolls the ... 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. | Legal Update: archive | 06-May-2013 |
| 14 | Fourth Circuit Adopts Narrow View of Taxable E-Discovery ... The US Court of Appeals for the Fourth Circuit in The Country Vintner of North Carolina, LLC v. E. & J. Gallo Winery, Inc. held that a prevailing party's recovery of e-discovery costs under 28 U.S.C. § 1920(4) may include only the actual copying of electronically stored information (ESI), not the costs of processing ESI. | Legal Update: archive | 30-Apr-2013 |
| 15 | Reining in Legal Fees from the Outset of Litigation 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. | Legal Update: archive | 30-Apr-2013 |
| 16 | Northern District of Indiana Rules on E-Discovery in ... In In re Biomet M2a Magnum Hip Implant Products Liability Litigation, the US District Court for the Northern District of Indiana held that a defendant in multidistrict litigation did not need to wait until the cases were centralized in one court before proceeding with an e-discovery plan that meets the requirements of the Federal Rules of Civil Procedure (FRCP). | Legal Update: archive | 26-Apr-2013 |
| 17 | Court and Judge Rules Update: April 17-23, 2013 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. | Legal Update: archive | 23-Apr-2013 |
| 18 | Court and Judge Rules Update: April 24-30, 2013 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 24 and April 30, 2013. It also reports on changes to the individual practice rules for judges in select district courts during this time period. | Legal Update: archive | 23-Apr-2013 |
| 19 | Crackdown in the Seventh Circuit 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. | Legal Update: archive | 23-Apr-2013 |
| 20 | District of New Jersey: Joinder Appropriate in BitTorrent Case The US District Court for the District of New Jersey held in Malibu Media, LLC v. John Does 1-11 that joinder of multiple John Doe defendants was appropriate in a copyright infringement action alleging unauthorized copying of works through the BitTorrent protocol. | Legal Update: archive | 23-Apr-2013 |
| 21 | MDL Panel: Mass Action Status Does Not Prevent Transfer ... 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. | Legal Update: archive | 23-Apr-2013 |
| 22 | Second Circuit Limits Removal Under the Edge Act In American International Group, Inc. v. Bank of America Corp., the US Court of Appeals for the Second Circuit held that the district court's denial of remand under the Edge Act was improper because the offshore banking transaction at issue was not performed by a federally chartered corporation governed by the Edge Act, who was a party to the suit. | Legal Update: archive | 23-Apr-2013 |
| 23 | Sixth Circuit: 28 USC § 1367(d) Tolls the Claims of Unnamed ... 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. | Legal Update: archive | 22-Apr-2013 |
| 24 | Supreme Court: Alien Tort Statute Does Not Extend Federal ... In Kiobel v. Royal Dutch Petroleum Co., the US Supreme Court held that the Alien Tort Statute (ATS) does not give district courts the authority to recognize a cause of action for violations of the law of nations occurring in a foreign country. | Legal Update: archive | 19-Apr-2013 |
| 25 | Supreme Court: FLSA Collective Action Properly Dismissed ... 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. | Legal Update: archive | 17-Apr-2013 |
| 26 | Court and Judge Rules Update: April 10-16, 2013 This Legal Update reports on significant changes to the local rules and procedures for all US federal district and appellate courts between April 10 and April 16, 2013. It also reports on changes to the individual practice rules for judges in select district courts during this time period. | Legal Update: archive | 16-Apr-2013 |
| 27 | Ninth Circuit: State Law Claims Survive Despite Conflict ... 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. | Legal Update: archive | 16-Apr-2013 |
| 28 | Fourth Circuit: Notice of Removal Does Not Require Written ... In Mayo v. Board of Education of Prince George's County, the US Court of Appeals for the Fourth Circuit held that under 28 U.S.C. § 1446, a notice of removal signed and filed by one defendant satisfied the unanimous consent requirement for removal purposes when the notice represented that all defendants consented to the removal. | Legal Update: archive | 15-Apr-2013 |
| 29 | Court and Judge Rules Update: April 3-9, 2013 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. | Legal Update: archive | 09-Apr-2013 |
| 30 | Delaware Supreme Court: Allergan Case Should Have Been ... The Delaware Supreme Court in Pyott v. Louisiana Municipal Police Employees’ Retirement System held that the Delaware Chancery Court should have given preclusive effect to a previous federal court judgment dismissing a similar shareholder derivative complaint against the same defendants. | Legal Update: archive | 09-Apr-2013 |
| 31 | Court and Judge Rules Update: March 27 - April 2, 2013 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. | Legal Update: archive | 02-Apr-2013 |
| 32 | The Dangers of an Unprepared Rule 30(b)(6) Witness This Legal Update outlines sanctions that an organization may face if it presents an unprepared representative witness on its behalf for deposition under Federal Rule of Civil Procedure 30(b)(6) (Rule 30(b)(6)). This Update also highlights resources to help attorneys prepare Rule 30(b)(6) witnesses for deposition. | Legal Update: archive | 02-Apr-2013 |
| 33 | District of New Jersey: Spoliation Sanctions for Plaintiff Who ... 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. | Legal Update: archive | 01-Apr-2013 |
| 34 | SDNY: Foreign State May Refuse to Effect Service under ... The US District Court for the Southern District of New York, in Zhang v. Baidu.com, Inc., held that a sovereign nation may properly refuse service under Article 13 of the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil and Commercial Matters (Hague Convention) for not only the government itself, but also for a resident corporation. Practitioners should note that even if service is otherwise made properly under the Hague Convention, service may still be invalidated by the nation's refusal of the plaintiff's attempt to effect service. | Legal Update: archive | 01-Apr-2013 |
| 35 | Court and Judge Rules Update: March 20-26, 2013 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. | Legal Update: archive | 26-Mar-2013 |
| 36 | Social Media and Litigation As the prevalence of social media grows, its impact on litigation issues continues to evolve. Several recent cases illustrate how courts have handled litigation issues related to social media and provide guidance to counsel as to how courts will treat social media going forward. | Legal Update: archive | 26-Mar-2013 |
| 37 | Seventh Circuit: Arbitration Appeals Carry High Risk of ... 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." | Legal Update: archive | 25-Mar-2013 |
| 38 | Court and Judge Rules Update: March 13-19, 2013 This Legal Update reports on significant changes to the local rules and procedures for all US federal district and appellate courts between March 13 and 19, 2013. It also reports on changes to the individual practice rules for judges in select district courts during this time period. | Legal Update: archive | 19-Mar-2013 |
| 39 | Ninth Circuit: FDIC's Motion to Intervene Does Not Trigger ... 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. | Legal Update: archive | 19-Mar-2013 |
| 40 | Fourth Circuit: Untimely Claim Preclusion Defense Not " ... In Georgia Pacific Consumer Products v. von Drehle Corp., the US Court of Appeals for the Fourth Circuit held that the affirmative defenses of claim and issue preclusion must be timely raised after entry of the judgment on which they are based. Failure to do so results in waiver. This is true even if the defenses are raised shortly after the entry of a subsequent decision from another court finding the plaintiff's claims precluded on the basis of that earlier judgment. | Legal Update: archive | 18-Mar-2013 |
| 41 | New York: Adverse Director-Shareholder May Not Access ... 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. | Legal Update: archive | 18-Mar-2013 |
| 42 | Avoiding E-filing Pitfalls This Legal Update highlights resources to help attorneys avoid e-filing mistakes and properly e-file documents in federal district court. | Legal Update: archive | 12-Mar-2013 |
| 43 | Court and Judge Rules Update: March 6-12, 2013 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. | Legal Update: archive | 12-Mar-2013 |
| 44 | SDNY: E-mail and Facebook Service on Indian Defendants ... In Federal Trade Commission v. PCCare247 Inc., the US District Court for the Southern District of New York granted the Federal Trade Commission's (FTC) motion to serve documents on five defendants located in India by e-mail and Facebook. The district court found that this service of process comported with due process, was not prohibited by international agreement and was warranted under the facts of the case. | Legal Update: archive | 12-Mar-2013 |
| 45 | Seventh Circuit: Rule 68 Offer Must Specifically Address ... 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. | Legal Update: archive | 12-Mar-2013 |
| 46 | Sixth Circuit Unravels Class Settlement That Unfairly Preferred ... In Vassalle v. Midland Funding LLC, the US Court of Appeals for the Sixth Circuit reversed the district court's order approving a class action settlement on the grounds that the settlement gave the named plaintiffs preferential treatment and only a perfunctory award to the unnamed class members. The Sixth Circuit further held that two class certification requirements under Federal Rule of Civil Procedure (FRCP) 23 were not met, making the district court's certification of the class improper. | Legal Update: archive | 11-Mar-2013 |
| 47 | Court and Judge Rules Update: February 27 - March 5, 2013 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. | Legal Update: archive | 05-Mar-2013 |
| 48 | Fourth Circuit Finds Maryland Class Action Rule Not ... The US Court of Appeals for the Fourth Circuit ruled that the US Supreme Court's Concepcion decision, holding that the Federal Arbitration Act (FAA) preempted a state law dealing with arbitration, does not extend so far as to preempt a Maryland law that requires arbitration clauses in contracts to be supported by consideration. | Legal Update: archive | 05-Mar-2013 |
| 49 | Rule 502(d) Orders: The Most Effective and Underused ... 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. | Legal Update: archive | 05-Mar-2013 |
| 50 | Supreme Court: No Discovery Rule for SEC Enforcement ... The US Supreme Court held in Gabelli v. SEC that the five-year statute of limitations for the government to bring enforcement actions begins to run when the fraud occurs, not when it is discovered. | Legal Update: archive | 05-Mar-2013 |
| 51 | Supreme Court Ends Circuit Split Regarding Materiality and ... 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. | Legal Update: archive | 04-Mar-2013 |
| 52 | Supreme Court: No Bad Faith Needed to Award Costs in ... The US Supreme Court held in Marx v. General Revenue Corp. that Section 1692k(a)(3) of the Fair Debt Collection Practices Act (FDCPA) did not displace the district court’s discretion to award costs under Rule 54(d)(1) of the Federal Rules of Civil Procedure (FRCP) despite no finding of bad faith. | Legal Update: archive | 01-Mar-2013 |
| 53 | Sixth Circuit: Unreviewed State Agency Findings Do Not Have ... 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. | Legal Update: archive | 28-Feb-2013 |
| 54 | Avoiding Procedural Dismissals in the Second Circuit This Legal Update highlights resources for lawyers appealing to the US Court of Appeals for the Second Circuit. | Legal Update: archive | 26-Feb-2013 |
| 55 | Court and Judge Rules Update: February 20-26, 2013 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. | Legal Update: archive | 26-Feb-2013 |
| 56 | Third Circuit: Dismissal Sanction Subject to Less Stringent ... The US Court of Appeals for the Third Circuit, in Knoll v. City of Allentown, held that its usual test for dismissal of a case as a sanction before trial on the merits does not apply post-trial. | Legal Update: archive | 25-Feb-2013 |
| 57 | Supreme Court: Appeal of Hague Convention Child Abduction ... 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. | Legal Update: archive | 22-Feb-2013 |
| 58 | Third Circuit: Cy Pres Relief Should Not Exceed Benefit to ... The US Court of Appeals for the Third Circuit, in In re Baby Products Antitrust Litigation, vacated the district court's approval of a class action settlement that included a cy pres provision because the district court did not have enough information to determine whether the settlement provided an adequate direct benefit to the class. The Third Circuit also directed the district court to reconsider its award of attorney's fees taking into account the extent of direct benefit to the class. | Legal Update: archive | 22-Feb-2013 |
| 59 | Court and Judge Rules Update: February 13-19, 2013 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. | Legal Update: archive | 19-Feb-2013 |
| 60 | Court and Judge Rules Update: February 6-12, 2013 This Legal Update reports on significant changes to the local rules and procedures for all US federal district and appellate courts between Feburary 6 and 12, 2013. It also reports on changes to the individual practice rules for judges in select district courts during this time period. | Legal Update: archive | 12-Feb-2013 |
| 61 | Eastern District of Virginia: Rule 68 Offer of Judgment Did Not ... 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. | Legal Update: archive | 12-Feb-2013 |
| 62 | Eleventh Circuit: Foreign Financial Account Records Covered ... The US Court of Appeals for the Eleventh Circuit held in In re: Grand Jury Proceedings, No. 4-10 that the Required Records Exception to the Fifth Amendment privilege against self-incrimination applies to foreign financial account records. | Legal Update: archive | 12-Feb-2013 |
| 63 | Court and Judge Rules Update: January 30 - February 5 ... 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. | Legal Update: archive | 05-Feb-2013 |
| 64 | Fifth Circuit: In OCSLA Action, Choice of Law Does Not ... In Barker v. Hercules Offshore, Inc., the US Court of Appeals for the Fifth Circuit affirmed the district court’s denial of plaintiff’s motion to remand and grant of summary judgment to the defendants. The court held that the Outer Continental Shelf Lands Act ("OCSLA") granted the federal court with subject matter jurisdiction over the case and that choice of law had no effect on the removability of an action filed in state court where maritime law could apply. | Legal Update: archive | 05-Feb-2013 |
| 65 | Formatting Rules for Litigation Documents 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. | Legal Update: archive | 30-Jan-2013 |
| 66 | Second Circuit: No Extension of Time to Appeal If Failure to ... The US Court of Appeals for the Second Circuit, in Communications Network International, Ltd. v. MCI Worldcom Communications, Inc., reversed the district court's order granting the defendant's motion to reopen the time within which to appeal, finding that the defendant's failure to update its contact information according to the court's rules was the reason it did not receive the entry of judgment. | Legal Update: archive | 25-Jan-2013 |
| 67 | Court and Judge Rules Update: January 16-22, 2013 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. | Legal Update: archive | 22-Jan-2013 |
| 68 | Federal Circuit: Arbitrary Contingency Payment in Patent ... The US Court of Appeals for the Federal Circuit issued an opinion in Allflex USA, Inc. v. Avid Identification Systems, Inc., holding that parties cannot manufacture appellate jurisdiction after settlement by stipulating to an arbitrary amount of damages to be paid to the winner on appeal. | Legal Update: archive | 22-Jan-2013 |
| 69 | Second Circuit: Discovery Sanction Not Reviewable under ... 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. | Legal Update: archive | 22-Jan-2013 |
| 70 | District Court Clarifies Hague Service Convention Procedure The US District Court for the District of South Carolina in Charleston Aluminum, LLC v. Ulbrinox S. De R.L. De S.V. held that plaintiff's counsel (not the court clerk) should initiate service of process under the Hague Service Convention. | Legal Update: archive | 18-Jan-2013 |
| 71 | Ninth Circuit: State-court Complaint Judged under Federal ... 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. | Legal Update: archive | 18-Jan-2013 |
| 72 | Eighth Circuit: Party May Seek Both Prospective and ... The US Court of Appeals for the Eighth Circuit held in City of Duluth v. Fond Du Lac Band of Lake Superior Chippewa that an agency determination may constitute a change of law for the purposes of relief under FRCP 60(b). The court also held that a claim may be raised for both prospective relief under FRCP 60(b)(5) and retrospective relief under FRCP 60(b)(6). | Legal Update: archive | 15-Jan-2013 |
| 73 | Southern District of New York Finds Attorney General Lacks ... 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. | Legal Update: archive | 15-Jan-2013 |
| 74 | Second Circuit: Parens Patriae Suit Not Eligible for Removal ... In Purdue Pharma L.P. v. Kentucky, the US Court of Appeals for the Second Circuit rejected the petitioner's contention that a parens patriae lawsuit was a class action removable under the Class Action Fairness Act of 2005 (CAFA). | Legal Update: archive | 14-Jan-2013 |
| 75 | Sixth Circuit Upholds Dismissal as Sanction for Discovery ... 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. | Legal Update: archive | 14-Jan-2013 |
| 76 | Supreme Court Applies Voluntary Cessation Doctrine in ... On January 9, 2013, the US Supreme Court affirmed the US Court of Appeals for the Second Circuit's decision in Already, LLC, d/b/a Yums v. Nike, Inc., holding that Nike's covenant not to enforce its AIR FORCE 1 trademark against competitor Already's existing products and any future colorable imitations renders moot Already's action to have the trademark declared invalid. The Court expressly invoked the voluntary cessation doctrine in this decision. | Legal Update: archive | 10-Jan-2013 |
| 77 | Retainer Agreements and Third-party Financed Lawsuits This Legal Update highlights resources for lawyers considering an update to their retainer agreements and engagement letters or litigating lawsuits financed by third parties. | Legal Update: archive | 09-Jan-2013 |
| 78 | Court and Judge Rules Update, January 9 - 15, 2013 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 January 9 and 15, 2013. It also reports on changes to the individual practice rules for judges in select district courts during this time period. | Legal Update: archive | 08-Jan-2013 |
| 79 | Incidental Monetary Relief Does Not Preclude Class ... 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. | Legal Update: archive | 21-Dec-2012 |
| 80 | Tenth Circuit: Arbitrators, Not Courts, Decide Venue under ... In LodgeWorks, L.P. v. C.F. Jordan Construction, LLC, the US Court of Appeals for the Tenth Circuit held that arbitrators, not courts, should decide venue under an otherwise valid arbitration agreement. | Legal Update: archive | 21-Dec-2012 |
| 81 | DOJ and NY Attorney General Object to Tour Bus Joint ... 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 . | Legal Update: archive | 20-Dec-2012 |
| 82 | District Court Shifts Costs to the DOJ for Production of ... The US District Court for the Eastern District of Michigan in United States v. Blue Cross Blue Shield of Michigan (BCBS) ordered the government to share a portion of non-party expenses in connection with producing documents for the DOJ's antitrust case against BCBS. | Legal Update: archive | 20-Dec-2012 |
| 83 | Court and Judge Rules Update: December 12-18, 2012 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. | Legal Update: archive | 18-Dec-2012 |
| 84 | Third Circuit Clarifies Standard for Crime-fraud Exception to ... In In re Grand Jury, the US Court of Appeals for the Third Circuit held that reasonable basis is the standard for determining whether the crime-fraud exception to the attorney-client privilege applies. | Legal Update: archive | 14-Dec-2012 |
| 85 | Daubert Analysis Required When Critical to Class Certification ... 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. | Legal Update: archive | 13-Dec-2012 |
| 86 | Court and Judge Rules Update: December 3-11, 2012 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 3 and 11, 2012. It also reports on changes to the individual practice rules for judges in select district courts during this time period. | Legal Update: archive | 11-Dec-2012 |
| 87 | Long-arm Statute Puts Terror Case Against Lebanese Bank in ... 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. | Legal Update: archive | 10-Dec-2012 |
| 88 | Court and Judge Rules Update: November 26 - December 2 ... 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 during the week of November 26, 2012. It also reports on changes to the individual practice rules for judges in select district courts during this time period. | Legal Update: archive | 03-Dec-2012 |
| 89 | Seventh Circuit Holds Wisconsin Class Action Remand ... 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. | Legal Update: archive | 03-Dec-2012 |
| 90 | Fifth Circuit: Mississippi Suit on Behalf of Itself and Consumers ... In Mississippi v. AU Optronics Corp., the US Court of Appeals for the Fifth Circuit reversed the district court's grant of remand to the Mississippi state court, finding removal to federal court proper. Notably, the Fifth Circuit ruled that the case was a mass action under the Class Action Fairness Act (CAFA) because the lawsuit involved the claims of 100 or more persons despite the allegations made by the state in the complaint. | Legal Update: archive | 27-Nov-2012 |
| 91 | Holiday Cheer Without Legal Fear This Legal Update offers best practices tips for avoiding liability connected to an employer-sponsored holiday party. | Legal Update: archive | 27-Nov-2012 |
| 92 | Court and Judge Rules Update: November 19-25, 2012 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 during the week of November 19, 2012. It also reports on changes to the individual practice rules for judges in select district courts during this time period. | Legal Update: archive | 26-Nov-2012 |
| 93 | Fifth Circuit Holds Venue Statutes Trump Forum Selection ... 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. | Legal Update: archive | 26-Nov-2012 |
| 94 | DC District Court Permits E-filing under Seal Effective immediately, the US District Court for the District of Columbia will allow litigants to e-file documents under seal in civil cases. Previously, the court's rules required sealed documents to be filed in the conventional, paper format. | Legal Update: archive | 16-Nov-2012 |
| 95 | Second Circuit Holds FRCP 68 Offer of Judgment Does Not ... 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. | Legal Update: archive | 16-Nov-2012 |
| 96 | Court and Judge Rules Update: November 12-18, 2012 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 during the week of November 12, 2012. It also reports on changes to the individual practice rules for judges in select district courts during this time period. | Legal Update: archive | 14-Nov-2012 |
| 97 | FTC Rescinds Policy Statement on Monetary Equitable ... 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. | Legal Update: archive | 14-Aug-2012 |
| 98 | Southern District of Florida Judge Allows Nolo Contendere ... The Southern District of Florida recently allowed defendant Florida West International Airways, Inc. to enter a plea of nolo contendere in a case brought by the DOJ against the company for price-fixing with other air cargo companies. | Legal Update: archive | 14-Aug-2012 |
| 99 | Practice note on discovery in the US in aid of proceedings ... 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. | Legal Update: archive | 17-Jul-2012 |
| 100 | Federal Circuit to Require Electronic Case Filing The US Court of Appeals for the Federal Circuit recently issued notice of a new mandatory electronic case filing (or e-filing) rule that goes into effect on May 17, 2012. Appeals opened or reinstated on March 1, 2012 or later will be assigned to the Federal Circuit's Case Management/Electronic Case Files (CM/ECF) system. | Legal Update: archive | 03-May-2012 |
| 101 | US Supreme Court Rejects Bright-line Materiality Standard for ... 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. | Legal Update: archive | 23-Mar-2011 |
| 102 | DC District Court Upholds Work Product Privilege for ... An update about the US District Court for the District of Columbia's order in US v. Deloitte & Touche USA LLP upholding the work product privilege for documents disclosed to an accounting firm. | Legal Update: archive | 22-Jun-2009 |
| 103 | First Circuit Vacates Decision Upholding Work Product ... 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. | Legal Update: archive | 30-Mar-2009 |
| 104 | First Circuit Upholds Work Product Privilege for Tax Accrual ... This is an update about the First Circuit Court of Appeals' decision in US v. Textron. | Legal Update: archive | 22-Jan-2009 |
| 105 | Court and Judge Rules Update: January 23-29, 2013 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. | Legal Update: archive | -- |
|
| 1 | Case Assessment Decision Tree and Costs Worksheet 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. | Binary content | Maintained |
| 2 | Cross-Border Insolvency Regulations: the High Court orders ... 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). | Legal Update: Case Report | 03-Jun-2010 |