Blog Entries
Observations about current developments bearing on complex litigation, U.S. and international arbitration, the Federal Rules, and occasionally state rules.
RSS2008 Jan
31 Jan 2008
Listing Email on Privilege Log Does Not Preserve Privilege as to Attachments
30 Jan 2008
Rule 502 and Judicial Salary Legislation Before Senate Judiciary Committee Tomorrow
30 Jan 2008
Ghostwriting as Ethical Violation
29 Jan 2008
Sanctions — Sophisticated Pro Se Litigants
28 Jan 2008
Grable — State Law Claims under Trust Indenture Incorporating Federal Statutes Supports Federal Jurisdiction
26 Jan 2008
Arbitration and New York Convention — Federal Jurisdiction — Limited Power of Secondary Jurisdiction
25 Jan 2008
Ryan v. Gifford II — Limitations of the Delaware Chancery Court’s Original Attorney-Client Privilege Waiver Analysis
24 Jan 2008
Spoliation — State vs. Federal Law — Limitation of Direct and Cross, Adverse Inference
23 Jan 2008
Email Strings — Unprivileged Email Privileged in String Transmitted to Attorney
22 Jan 2008
Who Knew? Civility Required in New York State Depositions
21 Jan 2008
Tellabs on Remand — Complaint Upheld — Confidential Sources Generally OK
20 Jan 2008
Twombly and Rule 12(e) -- FJC Rule 12(e) Study
19 Jan 2008
Sanctions — Failure to Oppose Partial Summary Judgment ≠ Evidence of Bad Faith
18 Jan 2008
Affirmative Defense of Recoupment as Offset Barred by Statute of Limitations?
17 Jan 2008
Grable — Federal Jurisdiction Through Conflict with Pending Federal Agency Order — Incomplete Preemption Not Enough
16 Jan 2008
Securities Circuit Split — Does PSLRA Affect the Liberal Pleading Amendment Standard of Rule 15?
15 Jan 2008
Third Party Statements Quoted on Website as Party Admissions
14 Jan 2008
Footnote of the Day
13 Jan 2008
Sanctions — § 1927 — Post-Judgment Jurisdiction
12 Jan 2008
Securities — Confidential Informants via Newspaper
11 Jan 2008
$8.5 Million in Sanctions for Willful Disregard of Client Discovery Misbehavior
10 Jan 2008
Federal Jurisdiction — Dual Citizen Cannot Invoke Alienage Jurisdiction Absent Diversity
09 Jan 2008
Motion for Reconsideration — Standards — Sanctions
08 Jan 2008
Duty to Reimburse Expert Deposition Expenses under Rule 26(b)(4)(c)
07 Jan 2008
Email / Instant Messages — Authentication
06 Jan 2008
Sanctions — § 1927 — Questions of First Impression
05 Jan 2008
Review and Use of Inadvertently-Produced Privileged Materials — Multiple Disqualifications
04 Jan 2008
Power to Sanction After Notice of Appeal Filed
03 Jan 2008
Securities Sufficiently Implicated to Trigger PSLRA's RICO Bar but Not Its Mandatory Sanctions Provision
02 Jan 2008
Publicly Available Documents Obtained in Pre-Litigation Investigation ≠ Work Product
01 Jan 2008