American Bar Association Section of Litigation: Litigation Update: February 2008

HOT TOPICS

 
U.S. Supreme Court Rejects “Scheme Liability”

The long-awaited decision reaffirms reliance as an essential element for fraud claims.


Qualcomm Fined for “Monumental” E-Discovery Violation

The dramatic ruling includes $8.5 million in sanctions and six attorneys face possible discipline.


Section to Develop Protocols for Simultaneous Class Actions

A working group proposes best practices for cross-border litigation pending in the United States and Canada.



TIPS FROM THE TRENCHES

 
The Limits of Privilege in Communications with Experts

The duel continues between the work-product doctrine and the doctrine of full expert disclosure.



SECOND CHAIR

 
The Two Ways Jurors Decide Trials

The path to persuasion begins with simple questions about what you are asking of the jury.



SIDEBAR

 
How Do I Change Mentors?

I was assigned to a partner who is less than affectionately called “Dr. Duh”



PODCAST

 
The Secrets of Superstar Associates (Part 1 of 2)

How do young attorneys go from just another associate to a superstar associate? Listen to the latest podcast episode to unlock the secrets.



LESSONS LEARNED

Know the (Unspoken) Rules

In a pro bono case, I needed to set a hearing for an objection to discovery. I knew the judge required at least 10 business days notice. I confirmed the days, secured a date, and notified opposing counsel. Three days before the hearing, I was informed that it was canceled because we failed to make the calendar call. I learned that although we had complied with the notice, the judge caps his calendar after 30 cases. Thirty-first in line, I had to reschedule this important hearing.


MORE FEATURES

 
No Hangover after “Bong Hits”

The “Bong Hits 4 Jesus” case does not appear to have altered the landscape of student free speech claims

» Read more from the First Amendment & Media Litigation Committee.


Protecting Client Information via Rule 26(c)

Once protected information is out of the bag, for all practical purposes, it has become public knowledge.

» Read more from the Trial Evidence Committee.



INSIDE THE SECTION

 
Legal Services Project: Intensive Private Bar Campaign Training

The Section’s Legal Services Project will be sponsoring an off-site intensive two-day training program for legal services organizations during the Section Annual Conference in Washington, D.C. Legal services staff and private bar attorneys will be learning and enhancing skills to create new fundraising initiatives.


John Minor Wisdom Public Service and Professionalism Award

The John Minor Wisdom Public Service and Professionalism Awards will be presented during the upcoming Section Annual Conference in Washington, D.C. These awards are given to lawyers who have made a substantial commitment to public service through pro bono litigation. This year’s recipients are Jayne Fleming of Oakland, CA, and Jared Genser of Washington, D.C.


Pro Bono Opportunities Available

Serving the legal needs of the disadvantaged can be one of the most rewarding experiences in the life of a lawyer. It is also a great opportunity to gain valuable experience and network. View current pro bono opportunities.



FROM THE CHAIR


 

CALENDAR

2008 Section of Litigation Annual Conferenece
 

BOOKSTORE

Discovery Problems and their Solutions

The Litigation Manual: Jury Trials

The Litigation Manual has been valued as much for its refreshing style as its practical, how-to approach. This addition to the Manual library focuses on jury trials and provides concrete, time-proven techniques and innovative ideas from many of the country’s preeminent trial lawyers and judges.

 

EDITORIAL BOARD

Editor-in-Chief
Send an emailMichael D. Yablonski

Associate Editors
Send an emailHon. Michael B. Hyman
Send an emailThomas A. Marrinson
Send an emailEffie D. Silva
Send an emailRichard T. Victoria
Send an emailRobin Page West
Send an emailDaniel S. Wittenberg

We welcome your comments

ABA SECTION OF LITIGATION

Managing Editor
Send an emailKevin Bailey
 
LexisNexis
ABA Section of Litigation