Commercial Litigation

As Americans endure the repercussions of the coronavirus – from the self-quarantining to the wearing of masks and gloves to the disinfecting and sanitizing of surfaces multiple times each day to the all-important and endless act of handwashing – they must endure something else just as sinister: scammers. Scammers are […]

All eyes should be on a recently enacted provision of an old law that could result in cases filed by flocks of Cuban nationals trying to reclaim property seized during Fidel Castro’s takeover of the island. U.S. Secretary of State Mike Pompeo’s announcement that Title III of the Cuban Liberty […]

In eDiscovery, look before you leap! You have filed a lawsuit and you are set for a “meet & greet” conference with opposing counsel(s) to review and agree on discovery. What should you expect from opposing counsel and their client(s)? The Federal Rules of Civil Procedure, of course, provide structure […]

Federal Rules were last updated in 2016 and the changes were thought to be significant. Welcomed by some and scorned by others, those changes are still being evaluated and applied by judges across the country. The Sedona Conference has drafted a primer for FRCP 34. Like revisions to the federal […]

Hurricane Irma made a mess of Florida as it slammed into the Keys and pushed its way up the west coast, uprooting trees, destroying neighborhoods and costing lives. We all must now go forward and rebuild what is left. Homeowners are fortunate in that their roofs, walls and floors can […]

Who is to blame for a “document dump” – a “snow storm” – an obfuscation of information? Sometimes its intentional and sometimes it is not. Everyone – both plaintiff and defendant; both teams of lawyers. Requesters are imprecise and can be over reaching. Producers are often inflexible and unreasonable. What […]

I still remember typewriters. Heck, I still remember carbon paper, mimeographs and bag phones. Would a company, “back in the day”, have ever asked an employee, “hey, we need you to bring your own typewriter, desk, chair, or carbon paper” to work with you?  Of course, not. In the recent […]

The Sedona Conference has a slogan: “Moving the law forward in a reasoned and just way”. That slogan is exactly the way I have described this impressive organization and what do. The Sedona Conference regularly drafts and disseminates commentary articles on various areas of the law and the practice of litigation. I […]

Redaction can be a wonderful tool. It allows for the removal, or at least obscuring, of legitimately objectionable material within a document without excluding the entire document. Redaction tools might be one of the most abused, misused, and dangerous tools delivered to lawyers in sometime. Every corporate defendant in most […]

Fast and loose; quick and dirty; speedy and greedy are three ways to describe businessmen and women who enter into contracts without reading the fine print. As soon as an executive signs his or her name to an endlessly long legal document, the deal is sealed. The better words to […]