join our network! affiliate login  
Custom Search
GET OUR FREE EMAIL NEWSLETTERS!
Daily and Weekly Editions • Articles • Alerts • Expert Advice • Learn More

Attorneys Can’t Bury the Smoking Gun

The smoking gun. That key piece of evidence that will conclusively prove your client’s case and guarantee victory may be out there.

Is Your Forum Selection Clause Mandatory or Permissive: How to know the difference and why you should.

Drafting an agreement that includes a forum selection clause? Preparing to litigate an agreement that includes a forum selection clause and wondering how to argue?

Lawyers Must Admit Mistakes

No one is perfect. In the adversarial arena of litigation, attorneys are rarely willing to admit even having a weak legal argument, let alone an actual error. However, the American Bar Association recently issued an opinion which makes it an ethical duty for attorneys to disclose any material errors in representation to their clients.

A-C Privilege Not Extended to Third Parties

It’s generally known that communications between attorney and client are privileged absent waiver.

Amount in Controversy for Diversity Jurisdiction:

Diversity jurisdiction exists when there is complete diversity of citizenship between the parties and the amount in controversy exceeds $75,000. Generally, the amount in controversy articulated in Plaintiff’s complaint is controlling. However, it is not always that easy. What happens when specific damages are not alleged? How are damages assessed when the relief sought is a declaratory judgment? The court recently examined both scenarios.

ABA Gets Lawyers Heightened Protections for Device Searches at International Borders

U.S. Customs searches have become increasingly invasive over the years. Pursuant to Department of Homeland Security (DHS) policy, U.S. Customs and Border Protection (CBP) operates under the “broad search exception”, which allows searches and seizures at international borders or an equivalent (e.g. international airports) without probable cause or a warrant. CBP’s searches are deemed “reasonable” per se, and thus not a Fourth Amendment violation, which protects against “unreasonable searches and seizures”. The broad power of the CBP, of course, stems from concern for national security.

SCOTUS Ruling Helps Plaintiffs Get Second Bite At The Apple Through Supplemental State Claims

In a 5 to 4 decision, the U.S. Supreme Court ruled today that any statute of limitations applicable to an employee’s state law claims are suspended during the pendency of a federal lawsuit in which the state law claims are included. This decision gives employees additional time to refile claims in state court once a federal court declines to decide them.

The Eastern District of Wisconsin Limits Corporate Defendant’s Efforts To Redact Large Portions Of Business Information In Discovery

In IDC Financial Publishing Inc. v. BondDesk Group LLC, et al., Case No. 15-cv-1085 (PP), 2017 U.S. Dist. LEXIS 177626 (Oct. 26, 2017), a case involving allegations of copyright infringement, the District Court for the Eastern District of Wisconsin granted the Plaintiff’s motion to compel the production of over 600 documents previously produced by Defendant TradeWeb Markets LLC d/b/a TradeWeb Direct (“TradeWeb”) with extensive redactions.

New Amendment to Federal Rule Implicates eDiscovery Collection

Rule 902 of the Federal Rules of Evidence is being amended on December 1, 2017 to add two new provisions that impact the authentication of electronic evidence.

Unanimous Supreme Court Scolds Lower Court Over Appellate Deadline Rule

In a unanimous decision, the U.S. Supreme Court ruled today that a federal procedural rule that allows a district court to extend an appeal deadline by no more than 30 days is a non-jurisdictional, mandatory claims processing rule. While this is a generally inconsequential decision when it comes to workplace law, it is a decision about which every litigant and participant in the judicial system should be aware, as it could impact litigation options and strategy. While this decision might potentially lead to a slight uptick in extension requests from pro se plaintiffs and overall delays in commencing appeals, it may also have a marginal impact on appellate litigation (Hamer v. Neighborhood Housing Services of Chicago, et al).