Civil Procedure

Civil Procedure Articles

• Runaway Jury Waivers: Pre-dispute Waivers May No Longer Be Enforceable Under California Law

  For many years, the real estate industry has taken for granted that pre-dispute jury waivers negotiated in leases, purchase and sale agreements and loan documents will be enforced in California. These waivers have been widely used to resolve ...

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• Recent Decision Casts Doubt on Scope of Section 17200 in Cases Involving Securities Transactions

  California's unfair competition law – Business and Professions Code §17200 – imposes civil liability for "any unlawful, unfair or fraudulent business act or practice and unfair, deceptive, untrue or misleading advertising."1 A recent California ...

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• Overview of a Lawsuit

  When most people think of the American legal system, they probably think of a courtroom where lawyers argue their cases to the jury under the auspices of a judge. The media and entertainment industry has bombarded the viewing public with dramatic ...

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• Offshore Jurisdictions: Part One Trouble in Paradise

  The most recent estimates from the United States Treasury Department calculate that approximately US$8 trillion resides in the 45-plus recognized "offshore" jurisdictions that circle the globe. With most financial experts agreeing that this amount ...

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• Off on the Wrong Foot

  (This article is reprinted from Verdict, 2nd Quarter, 1994, Pages 37-38) Using a "professional neutral" to help solve an impasse is an old concept and a good idea. If Alternative Dispute Resolution (ADR) is such a good idea, why isn't everyone doing ...

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• Objecting To The Form Of Summary Judgment Evidence Is Necessary To Raise It On Appeal. An Objection To The Substance Of The Summary Judgment Evidence May Be Raised For The First Time On Appeal

  Well Solutions, Inc. v. Ross Stafford, 4th Court of Appeals - SA, (No. 04-00-00001-CV, September 29, 2000) involved Well Solutions, Inc.'s appeal of a summary judgment granted against it in favor of Ross Stafford, Jr. d/b/a Superior Trailer Sales ...

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• The Impact of Discovery Limitations and Cost-Sharing on the Corporate Class Action Defendant after Zubulake

  Corporate defendants today are faced with numerous discovery dilemmas stemming from the increasing use of electronic information storage. The exponential growth of computer use in both the business and private sector has led to an explosion of ...

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• White Collar Crime: Department of Justice Issues Guidance to U.S. Attorneys Regarding Criteria for Criminally Charging Corporations

  The Department of Justice recently issued to all U.S. Attorneys throughout the nation a guide entitled "Federal Prosecutions of Corporations." The document has not been published but the Bureau of National Affairs, Inc. obtained a copy and has ...

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• The Art of “Going Solo”

  Whenever the opportunity presents itself, I try to engage other legal professionals in conversation. Sooner or later the conversation gets around to the defining question, "So, what are you doing with your law degree?" Each has a different tale to ...

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• The Legal Checkup – Preventative Medicine for Good Corporate Health

  Health-care providers generally encourage their patients to have regular checkups to spot potential problems before they develop into irreversible, or untreatable conditions. Periodic "legal checkups," or audits, which draw on preventive law ...

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