Rule 4.2 of the ABA Model Rules of Professional Conduct instructs us that “In representing a client, a lawyer shall not communicate about the subject of the representation with a party the lawyer knows to be represented by another lawyer in the matter,...

When President Obama nominated Judge Sonia Sotomayor to serve as a justice of the U.S. Supreme Court, he talked not only about her broad legal experience and distinguished career, but also about the importance of empathy – the ability to walk in someone...

On Tuesday, the California Supreme Court, in Strauss v. Horton , 2009 Cal. LEXIS 4626 (Cal. May 26, 2009), upheld Proposition 8, which was approved by the voters last fall and banned same-sex marriages in California. The decision, though, leaves intact...

Last Saturday, President Barack Obama said that he wanted a Supreme Court nominee that had a “common touch” and empathy, who could “stand in somebody else's shoes and see through their eyes and get a sense of how the law might work or not...

As a mediator, I always have two goals when entering the room: to maximize the likelihood of a fair settlement and to ensure a day where my reputation will be enhanced. If I succeed with those two goals, I do command respect. I often see...

You've written a motion and submitted it to the court. The court has set it for oral argument - now what? Preparing to argue a motion can be a nerve-racking experience. However, motion practice is an exciting and enjoyable experience if you adequately prepare...

Taking your first deposition can be one of the most exciting experiences in a young litigator's career. Although the fact of the matter is that depositions really aren't that glamorous or exciting -- there won't be many "Perry Mason moments" in...

Should consumers be bound by waivers in arbitration agreements of the right to bring class actions, and where do the courts stand on the enforceability of class action waivers? As with so much in the law, it depends upon whom you ask.   Alan S....

This is the last of four posts covering the presentations of Stinson Morrison Hecker partner Michael Tucci and Kilpatrick Stockton partner Rex Veal delivered on January 15, 2009, a the “FDIC & The New Banking Crisis” conference in Washington,...

This is the third of four posts covering the presentations of Stinson Morrison Hecker partner Michael Tucci and Kilpatrick Stockton partner Rex Veal delivered on January 15, 2009, a the “FDIC & The New Banking Crisis” conference in Washington,...

To view this free copy of the Complaint for Patent Infringement filed by Qualcomm, click the link below. Registration is required, but it’s free and easy! Lexis.com features a collection of briefs and motions from both federal and...

Scott M. Fogg, of the Hunsinger Law Firm, has posted a very helpful jury selection primer on Lawlink.com. Some highlights: If you are going to present expert witnesses, prepare the jury for that fact during jury selection Favor jurors who...

To view this free sample Fair Housing Complaint, click the link below. Registration is required, but it’s free and easy! Lexis.com features a collection of briefs and motions from both federal and state jurisdictions, including the...

When I was a prosecutor, defense attorneys, not always in jest, would say to me that something was rotten and stinking up the prosecutor’s office. But I never found the cause of that stinking smell. Apparently in the District Attorney's Office for St....

This is the second of four posts covering the presentations of Stinson Morrison Hecker partner Michael Tucci and Kilpatrick Stockton partner Rex Veal delivered on January 15, 2009, a the “FDIC & The New Banking Crisis” conference in...

To view this free sample complaint, click the link below. Registration is required, but it’s free and easy! Lexis.com features a collection of briefs and motions from both federal and state jurisdictions, including the U.S. Supreme...

To view this free sample complaint, click the link below. Registration is required, but it’s free and easy! Lexis.com features a collection of briefs and motions from both federal and state jurisdictions, including the U.S. Supreme Court,...

To view this free sample complaint, click the link below. Registration is required, but it’s free and easy! Lexis.com features a collection of briefs and motions from both federal and state jurisdictions, including the U.S. Supreme Court,...

To view this free sample motion for sanctions, click the link below. Registration is required, but it’s free and easy! Lexis.com features a collection of briefs and motions from both federal and state jurisdictions, including the U.S....

To view this free sample motion for sanctions, click the link below. Registration is required, but it’s free and easy! Lexis.com features a collection of briefs and motions from both federal and state jurisdictions, including the U.S....

To view this free sample complaint, click the link below. Registration is required, but it’s free and easy! Lexis.com features a collection of briefs and motions from both federal and state jurisdictions, including the U.S. Supreme Court,...

To view this free sample complaint, click the link below. Registration is required, but it’s free and easy! Lexis.com features a collection of briefs and motions from both federal and state jurisdictions, including the U.S. Supreme Court,...

To view the free sample of this summary judgment motion that was filed in the United States District Court for the Eastern District of Louisiana, click the link below. Registration is required, but it’s free and easy!   Lexis.com features a...

In an article written for law.com, Ronald J. Levine and Susan L. Swatski-Lebson examine whether information posted on social networking sites is discoverable. In the piece, the authors provide practice tips on how to make the information discoverable and...

To view this free sample motion to compel discovery, click the link below. Registration is required, but it’s free and easy!   Lexis.com features a collection of briefs and motions from both federal and state jurisdictions, including...

To view the free sample complaint that was filed in the United States District Court for the Northern District of Illinois, click the link below. Registration is required, but it’s free and easy!   Lexis.com features a collection of...

Invariably when he is working for a client in litigation with the FDIC, Stinson Morrison Hecker partner Michael Tucci says “four words come out at some point in time. Those four words are, ‘They can't do that.’ My response is virtually...

“In the broadest sense, administrative law involves the study of how those parts of our system of government that are neither legislatures nor courts make decisions. These entities, referred to as administrative agencies, are normally located in the...

Every California attorney needs to be aware of the rules governing discovery of electronic evidence and be prepared to counsel clients on those rules. New California e-discovery rules, which are likely to be reintroduced in 2009 after an unexpected eleventh-hour...

In his Emerging Issue Commentary, Attorney Kyle C. Bisceglie, Partner at Olshan Grundman Frome Rosenzweig & Wolosky LLP in New York City, summarizes the legal developments in New York related to electronically stored information (“ESI”) or...