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Civil Litigation - Page 15

This is FindLaw's collection of Civil Litigation articles, part of the Litigation and Disputes section of the Corporate Counsel Center. Law articles in this archive are predominantly written by lawyers for a professional audience seeking business solutions to legal issues. Start your free research with FindLaw.

Civil Litigation
Civil Litigation Articles
  • IT Witnesses - An Essential Part of the e-Discovery Battle
    Provided by Mark A. Waite of Beirne, Maynard & Parsons, L.L.P.
    As the responsibilities for preservation and production of electronic records become clearer, parties and counsel should take a proactive approach to preparing for battles that may develop. As in warfare, the proactive approach is one in which the counsel should wield at least as much command offensively as defensively.

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  • Tailoring A Firm For Value-Added Marketing
    Provided by Joel A. Rose of Joel A. Rose & Associates, Inc.
    This article describes several practical approaches that have been employed by financially successful, marketing oriented law firms to law firms that have added value to their clients, hence, making these firms to be valued and continuing resources of their client.

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  • EDD Showcase: Ignore EDD at Your Peril
    Provided by Andrew B. McGill and Mark A. Waite
    Gone are the days when parties and counsel could claim ignorance of the technical and legal issues involved in preserving electronic records associated with matters in litigation. As Judge Shira Scheindlin wrote in Zubulake v. UBS Warburg LLC , 2004 WL 1620866 (S.D.N.Y. July 20, 2004) "Now that the key issues have been addressed and national standards are developing, parties and their counsel are fully on notice of their responsibility to preserve and produce electronically stored information."

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  • Controlling the Cost of E-Discovery Through Preparation and an Organized Response
    Provided by Martin D. Beirne,David A. Pluchinsky and Donald W. Towe of Beirne, Maynard & Parsons, L.L.P.
    The sending of a "preservation" letter is rapidly becoming the norm in litigation today. The typical preservation letter demands that your client sequester its entire computer network and each employee's PC at Fort Knox, pending the final resolution of either anticipated or currently pending litigation. Such tactics are clearly designed to raise the cost of litigation while at the same time positioning your opponent to seek a spoliation instruction as well as any other sanction that the presiding court may order against either the client or the attorney in charge.

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  • While the U.S. Congress Scratches its Head, Tex Applies Some Strong Legislative Medicine
    Provided by Joseph M. Nixon of Beirne, Maynard & Parsons, L.L.P.
    In 1991, U.S. Supreme Court Chief Justice William Rehnquist found that the asbestos litigation problem had "reached critical dimensions" and was "getting worse." The U.S. Supreme Court, in opinions in 1997 and again in 1999, urged Congress to solve the problem created by the "elephantine mass" of asbestos litigation. Congress has considered several proposals, and the U.S. Senate is currently debating an omnibus asbestos bill that creates a multi-billion dollar trust fund. Understandably, the Senate proposal has as many critics as supporters.

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  • Petitioning and Opposing Certiorari in the U.S. Supreme Court
    Provided by Timothy S. Bishop and Jeffrey W. Sarles of Mayer Brown LLP and Mayer Brown LLP
    You have just been handed an unexpected defeat in the federal court of appeals or state supreme court. Your client calls, complaining that the appellate ruling is legally insupportable and totally unjust. She wants relief; she wants you to take the case to the United States Supreme Court. You picture yourself arguing before the Justices and your name appearing in the U.S. Reports. You ponder where on your office wall to hang, suitably framed, the feather quill pen given to all counsel who argue before the Court.

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  • Standards for Internet Jurisdiction
    Provided by Christopher Wolf of Proskauer Rose LLP
    The Internet is an interstate and international medium. But does operating a Web Site mean that the operator is subject to personal jurisdiction in courts wherever the Site is accessible? The answer obviously is no. This outline describes the types of activity that likely will permit a court to exercise personal jurisdiction over an Internet actor, consistent with the due process clause of the United States Constitution.

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  • State Courts
    Provided by Kent C. Olson
    Just as the federal courts interpret federal statutes and decide matters of federal common law, the state courts are the arbiters of issues of state law. They interpret the state's constitution and statutes, and have broad powers in developing common law doctrines through judicial decisions.

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  • The U.S. Legal System
    Provided by Mark F. Radcliffe and Diane Brinson of DLA Piper LLP (US)
    In the United States, laws are made at the federal and state levels. Laws adopted by legislative bodies - Congress and state legislatures - are called "statutes." The federal and state courts enforce statutes. They also create law. These materials describe some of the basic concepts of our legal system, and the roles played by legislatures and courts.

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  • Summary of the Rules of Evidence
    Provided by Vincent Dicarlo
    We can only cover both the federal and California law of evidence in a brief essay like this by a ruthless process of selection and compression. What we will cover can best be thought of as that essential kernel of the law of evidence that the trial lawyer must carry in his head. Our task would be impossible but for two important facts. First, all of you have studied the law of evidence before, either in a course on evidence or in preparation for the bar exam. Accordingly, most of the rules presented will already be familiar to you. What we will do here is to try to review, organize, and reinforce that law so that you can apply it with confidence when you need it.

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