Also known as Civil Procedure or Criminal Procedure, this discipline sets the rules for how courts operate and how legal proceedings are conducted. It covers aspects like filing lawsuits, presenting evidence, and conducting trials, ensuring a structured and fair process.

Intellectual Property Trial Team Diversity with Tara Trask

May 9th, 2023|Categories: Class Actions, ELP, Intellectual Property, Law Firm Operations, Procedural Law|Tags: , |

Intellectual Property Trial Team Diversity with Tara Trask Diversity and inclusion initiatives aren’t just valuable for checking off compliance boxes and writing marketing copy. Those benefits are a distant second and third to the genuine value team diversity has on the success of a company or a project. That also means law firms and trials. A recent article published by the American Bar Association Tort and Insurance Practice Section hailed diversity of perspectives for how they improve a team’s ability to resolve legal issues, innovate solutions, and introduce  factors homogeneous teams may miss. The National Association for Law Placement reported that women and people of color are making great progress at major law firms. Nearly half of associates are women and, based on summer associate statistics, women are expected to break the 50% as early as this year or next. Black associates made impressive gains, but there remains room for improvement. At the partner level, however, Black and Latinx women and men remain stuck in the low single digits. In this episode we drill down even further to examine trial teams in the intellectual property arena. I was thrilled to speak with Tara Trask, one of the nation’s leading experts on IP trials and juries, having directly worked on or observed more of these proceedings than just about anyone. Tara [...]

Modernizing Our Court System (but Don’t Attend Trial from Your Car) with Hon. Scott Schlegel

February 15th, 2023|Categories: Complex Business Litigation, ELP, HB Tort Notes, Procedural Law|Tags: , , , |

The judicial system is overburdened for a number of reasons, and greater efficiency is a must if court systems are to achieve their important objectives. Technology and openness to all that it offers is a key solution, something that was tried, tested and proven during the Covid pandemic which closed courthouses and law offices around the nation. Along with technology, improvements can be made by reexamining their orthodoxies about how things should be done based on decades of "that's how we've always done it." This is a matter of importance to judges, lawyers, plaintiffs, defendants, and numerous others whose lives are impacted directly or indirectly when either the civil or criminal justice systems are inefficient, cumbersome, costly, confusing, slow, and even inaccessible. If only we had an example of at least one judge who is trying to do something about it. But wait ... Listen to my interview with the Hon. Scott Schlegel who presides over criminal civil and domestic matters in Louisiana's 24th Judicial District Court in Jefferson Parish. Judge Schlegel was elected to the bench in 2013, and quickly earned a reputation as a modern judge using technology to bring his court into the digital age, even before the pandemic forced the change on other jurists. He partnered with tech companies to develop efficiency tools like chat bots and [...]

Full Ninth Circuit Removes Unwarranted Hurdles to Class Certification

April 14th, 2022|Categories: Class Actions, Complex Business Litigation, HB Tort Notes, Journal, Mass Torts, New Featured Post for Home Page, News, Procedural Law|Tags: , |

The Authors Co-founding partner at MoginRubin LLP, Jonathan Rubin focuses his legal practice exclusively on antitrust and competition law and policy. Based in Washington, DC, he has litigated and led trial teams in major antitrust cases throughout the country. He has published in influential academic journals and has spoken to numerous professional groups, including the Directorate General for Competition of the European Commission, the Antitrust Section of the American Bar Association, and the American Antitrust Institute. Dan Mogin, founding and managing partner of MoginRubin LLP, concentrates his practice on antitrust, unfair competition and complex business litigation. He has served as lead counsel in numerous large antitrust cases, chaired the Antitrust Section of the California Bar, taught antitrust law and was editor-in-chief of a leading competition law treatise. Explore more from MoginRubin LLP! Blog: Emboldened by New Resources and Expanded Authority, Feds Continue 10-Year Look Back at Chinese Investment. By Dan Mogin, Jonathan Rubin, Jennifer Oliver, and Timothy LaComb. List OnDemand CLE Webinar: The Antitrust Case Against Google. Dan Mogin, Jonathan Rubin, Jennifer Oliver, Timothy LaComb, John Newman, Dr. Alan Grant Blog: FTC’s Case Against Facebook Will Test the Flexibility of U.S. Antitrust Law.Authors: Jonathan Rubin and Jennifer Oliver, MoginRubin LLP Blog: Full Ninth Circuit Removes Unwarranted Hurdles to Class Certification. Jonathan Rubin, Dan Mogin. Journal: Policy Derailed: Can U.S. Antitrust Policy Toward Standard [...]

Mega Verdict Threat: Tackling Damages Early Can Mitigate Outsized Jury Awards

October 26th, 2021|Categories: Complex Business Litigation, HB Tort Notes, Journal, Mass Torts, News, Procedural Law|Tags: , |

Mega Verdict Threat: Tackling Damages Early Can Mitigate Outsized Jury Awards Abstract Why have medical malpractice verdicts in recent years reached such astronomical new heights? In this article the author addresses several of the factors that drive juries to return such punishing awards, discussing the unexpected impact of tort reform, the role of life-care planners and economists in determining damages, the ramifications of litigation financing, plaintiff attorneys’ utilization of the so-called reptile theory, and the influence of how the media reports on these verdicts. The author offers practical methods for defense attorneys involved in this litigation and insights that will benefit attorneys in any type of tort matter. Author Sandra M. Cianflone (scianflone@hallboothsmith.com) is an attorney at law firm Hall Booth Smith, P.C., whose practice primarily focuses on medical malpractice. About The Journal on Emerging Issues in Litigation is a co-production of HB, Fastcase, and Law Street Media. You can also hear the complementary (and complimentary) Emerging Litigation Podcast wherever podcasts appear. For questions, contact Tom Hagy, Editor in Chief, at Editor@LitigationConferences.com.

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