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Articles
Protecting Settlement Negotiations Amended Rule 408
On December 1, 2006, the amendments to Federal Rule of Evidence 408 (Amended Rule 408) became effective. Amended Rule 408 generally bars evidence concerning efforts to settle or compromise a dispute when offered to prove liability for the invalidity of a claim or its amount.
The changes to the Federal Rules of Civil Procedure, particularly those concerning e-discovery, are not the only federal rule changes with an effective date of December 1, 2006. Earlier this year, the Supreme Court approved four amendments to the Federal Rules of Evidence which deserve equal attention and consideration.
An Alternative to Mock Jury Trials
Most of us recognize the value of using jury trial consultants and conducting mock jury trials to develop trial themes, determine any gaps in our cases, and determine their strengths, weaknesses, and value. Yet there are some alternatives to consider, as presented by Dennis Rawlinson in this reprinted article from the Oregon State Bar's Litigation Journal.
Best Practices for Interviewing The Adverse Corporation’s Former Key Employees
Key current employees of corporate litigation parties cannot be approached by counsel representing opposing parties during litigation. Former corporate party employees, however, are fair game, and may be subpoenaed and interviewed in advance of their deposition or court testimony. But when a member of a party’s litigation team conducts an informal, ex parte interview of an adverse party’s former employee, there is a potential that the source will divulge information or documents that may be protected by attorney-client privilege.
