Are you Anti-Troll?

Are you Anti-Troll? Here are six steps outlining how to combat “patent trolls” without violating antitrust laws.

Electronic Discovery is Unavoidable

Electronic discovery is unavoidable and potentially burdensome to the breaking point in today’s civil dispute landscape. The Northern District has recently set our new guidelines in federal cases pending there. But the order can prove helpful in all civil cases. Ediscovery, California Style

The Art of Cross-Examination

As a trial lawyer, I was always taught that the three (3) main rules of cross-exaimination were: Don’t do it, Don’t do it, and Don’t’ do it. Too numerous to count are the times that I have violated the rules, or seen others violate the rules, and cringed at the resulting outcome. But alas, every rule has its exceptions. So on those occasions when the exception applies – here is a short primer on how to survive. Mastering the Art of Cross-Examination: Tips from a Judge | CEB Blog – Your Partner In Practice

“When to Use Expert Witnesses and How to Find Them.”

We consult with experts frequently in many civil controversies, before, during and after the conflict. Using an expert effectively and also protecting their independence and credibility is of paramount importance in developing a superior litigation strategy. A client’s understanding of the expert role and how it fits into the overall litigation process is also an important ingredient to success. Here is an excellent Primer on When to Use Expert Witnesses and How to Find Them – Bloomberg Law

Be Careful What You Wish For; The Stakes Have Risen!

The stakes have risen. The US Supreme Court’s ruling in Marx v General Revenue Corp., has now made cases concerning violations of the Fair Debt Collection Practices Act, less favorable for the plaintiff. Defendants receiving judgment in their favor can now recover reasonable costs without proving the case was brought against them in bad faith. This case truly is analogous to the saying “Be careful what you wish for.”

The Bad-Faith, Fee-Shifting Provision has Teeth!

“The bad-faith fee-shifting provision of the Uniform Trade Secrets Act has ‘teeth’.” This piece highlights the importance of bringing forth legitimate allegations regarding trade secrets. Baseless trade secret claims can cost plaintiffs large sums and are preferably avoidable.

Lawyers Must Protect Client Confidences

Lawyers must protect client confidences at every peril, even to themselves. Storing client communications or data must be done in a manner that protects client privacy. WIth the advent and increase in use of cloud computing solutions, lawyers must remain mindful of the Legal Ethics Requirements Associated with Cloud Computing. Here are some guidelines: