Federal Litigation

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.

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.

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.

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.

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.

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.

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.

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.

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

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

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

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

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

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

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

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

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

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.

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.

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.

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.

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.

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.

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.

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.

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.

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).

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.

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.

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.

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.

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).

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.

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).

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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).

A Note explaining the principal factors that can help counsel decide whether, when and how to settle litigation proceedings.

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.

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.

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. 

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.

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.

A Practice Note analyzing the key issues courts consider in determining whether a party has waived the work product protection.

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.

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.

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.

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.

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.

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

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.

A schedule of the records that must be retained by entities regulated by the Equal Employment Opportunity Commission.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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

A Checklist of practical issues that corporate counsel should consider before commencing litigation in the US.

A checklist of formatting and pleading requirements for civil complaints filed in the US District Court for the Central District of California.

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.

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

A checklist of formatting and pleading requirements for shareholder derivative complaints filed in the US District Court for the Central District of California.

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.

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.

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. 

A Chart of common deadlines under the Federal Rules of Civil Procedure (FRCP) and various federal statutes.

A Checklist of steps to take when computing time periods measured in days under Rule 6 of the Federal Rules of Civil Procedure (FRCP).

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

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.

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.

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

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.

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.

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.

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.

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.

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.

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.

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

A Checklist of steps that counsel should take to prepare to depose a non-expert witness in federal civil litigation.

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).

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.

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

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.

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.

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.

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.

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.

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.

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.

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

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.

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

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.

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.

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.

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.

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.

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.

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.

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.

This flowchart sets out how the Foreign Trade Antitrust Improvements Act (FTAIA) applies to potential Sherman Act claims. 

A Checklist for filing documents in paper format by depositing them in a federal district court's after-hours drop box.

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).

A Checklist addressing the key issues corporate counsel should consider when identifying and preserving potentially responsive documents and electronically stored information in litigation.

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.

A flowchart outlining some of the common scenarios that parties face at the pleading and pre-answer motion phase of federal civil litigation.

A Checklist of various sources of law that an attorney should consult when researching a federal civil procedural issue.

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

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.

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.

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

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.

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.

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.

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.

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.

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.

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.

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.

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

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.

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.

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.

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.

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.

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.

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

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

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

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

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.

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.

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.

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.

A Checklist of key points to consider when removing civil actions to federal district court.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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

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.

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.

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.

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.

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.

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.

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

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

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

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

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

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

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

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

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

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

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

This Article contains a glossary of terms commonly used in the context of electronic discovery (e-discovery). Select words have expanded definitions.

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.  

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.

This Article provides general tips to avoid accidental disclosure of proprietary or privileged information because of technological mistakes.

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.

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.

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

An Article analyzing the structure, mission and implications of the newly formed Residential Mortgage-Backed Securities (RMBS) Working Group.

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.

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.

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. 

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.

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.

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.  

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.

An Article discussing recent developments in federal law that may potentially benefit class action defendants.

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.

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.

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.

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.

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.

This article is part of the PLC multi-jurisdictional guide to dispute resolution. For a full list of contents visit www.practicallaw.com/disputehandbook.

This 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.

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.

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.

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.

Professor Steven M. Davidoff writes on lessons learned from the Huntsman litigation against the acquisition financing lenders claiming tortious interference of contract.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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).

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

This Legal Update highlights resources to help attorneys avoid e-filing mistakes and properly e-file documents in federal district court.

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.

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.

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. 

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.

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.

This Legal Update highlights resources for lawyers appealing to the US Court of Appeals for the Second Circuit.

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.

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.

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.

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.

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.

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.

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.

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.

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).

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).

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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. 

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.

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.

This is an update about the First Circuit Court of Appeals' decision in US v. Textron.

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).