Avoiding E-Discovery Disasters.
What companies can learn from Qualcomm v. Broadcom At first blush, the $8.5 milliom in sanctions levied in Qualcomm Inc. v. Broadcom Corp. seems like the result of a simple case of discovery misconduct. But there may be more to the story, and additional details are likely...

Too little, too late: ineffective assistance of counsel, the duty to investigate, and pretrial discovery in criminal cases.
Where money is involved, all parties receive all relevant information from their adversaries upon request; but where individual liberty is at stake, such information can be either withheld by the prosecutor or parceled out at a time when it produces the least benefit to the accused. (1) ...

The unrecognized right of criminal defendants to admit their own pretrial statements.
In Agard v. Portuondo, the United States Supreme Court held that a prosecutor did not violate a testifying defendant's constitutional rights by inviting the jury to infer from the defendant's presence at trial that the defendant altered his own version of events to accord with other witnesses' testimony. Justice...

How about one-day trials?
Some daring litigants and counsel are utilizing a strategy that's valuable in settling eases before they get overly expensive. Originating in the '80s and used by innovative judges to counter court congestion and eases languishing for years without trial, "summary jury trials" include one-day jury trial with relaxed evidence...

How can Japanese corporations protect confidential information in U.S. courts? Recognition of the attorney-client privilege for Japanese non-bengoshi in-house lawyers in the development of a new legal system.
ABSTRACT U.S. courts have seen a significant increase in the number of lawsuits involving both U.S. and Japanese corporations. In deciding these cases, U.S. courts may have to choose how to apply the attorney-client privilege to in-house lawyers retained by corporations in Japan, where the legal system...

Lorillard Tobacco Company Comments on Decision in Ohio Personal Injury Case.
GREENSBORO, N.C., Jan. 19 /PRNewswire/ -- Late yesterday a Cuyahoga County Ohio state court judge issued an order and opinion that make a significant statement about the consequences of litigation fraud and abuse. Judge Harry Hanna revoked the law firm of Brayton Purcell's admission to the Ohio...

ERISA litigation, 2d ed.
9781570185083 ERISA litigation, 2d ed. Zanglein, Jayne E. and Susan J. Stabile. BNA Books 2005 1386 pages $345.00 Hardcover KF3512 Zanglein (law and mediation, Western Carolina U. and The College of...

Quality, not quantity: an analysis of confidential settlements and litigants' economic incentives.
INTRODUCTION The recent rise of "sunshine" legislation, which prohibits or reduces secret settlements of civil lawsuits, highlights public unease with confidential settlements. Recurring, highly publicized, dangerous events expose the costs of confidentiality: the Bridgestone/Firestone tire scandal and the Catholic Church sex abuse scandal are the most recent....

Proposed codification of disclosure of favorable information under Federal Rules of Criminal Procedure 11 and 16.
BACKGROUND AND SUMMARY I. BRADY V. MARYLAND BACKGROUND A. Brady v. Maryland B. Brady Evolution C. The Special Role of the Prosecutor in Ensuring a Fair Trial II. FEDERAL DISCOVERY PRACTICE A. Federal Rule of Criminal Procedure 16 Does Not Address, Let Alone Require, Disclosure of Favorable Information B....

Motion denied: systematic impediments to white collar criminal defendants' trial preparation.
I. INTRODUCTION The rules governing trial preparation in criminal cases were developed in a bygone era when the bulk of federal prosecutions focused on crimes such as narcotics trafficking, organized crime, theft, and bank robbery. White collar prosecutions for offenses such as fraud and tax evasion were...