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All Articles |
Feb. 14,2012 |
| We are encouraging you to take action now to oppose SB. 5054, an anti-protective orders bill that come up for a vote on the floor of the Washington State Senate at any time. Read More . . . |
Feb. 09,2012 |
| Whether state attorneys general should be allowed to hire private attorneys on a contingency fee to enforce federal law was debated last week before a House subcommittee. Read More . . . |
Feb. 08,2012 |
| If you are troubled by the way class-action securities litigation seems to favor the lawyers and cost shareholders money with rare financial benefits, two events last week will make you unhappy. Read More . . . |
Feb. 08,2012 |
| Lawyers for Civil Justice is pleased to announce two new corporate members – BP and Honeywell International, Inc. Read More . . . |
Feb. 07,2012 |
| LCJ has reserved a block of rooms at the Mayflower Renaissance hotel in Washington, DC. All of LCJ’s meetings will take place at the Mayflower, which is located at 1127 Connecticut Avenue, NW, Washington, DC 20036, near the historic Dupont Circle. All meeting attendees must make their own hotel reservations and may do so now by following the instructions below. Read More . . . |
Feb. 07,2012 |
| LCJ’s May 3-4, 2012 legal conference in Washington, DC will feature distinguished guest speakers from across the nation including Secretary of the U.S. Department of Transportation Ray LaHood. Read More . . . |
Feb. 07,2012 |
| A major Supreme Court ruling from last year that is widely predicted to reduce the number of successful class-action claims against big companies is already being cited in environmental cases. Read More . . . |
Feb. 07,2012 |
| Auditing firm KPMG has lost its appeal of a controversial e-discovery ruling in the Pippins v. KPMG labor case. Read More . . . |
Feb. 07,2012 |
| LCJ submitted a formal comment on Thursday in support of the Civil Rules Advisory Committee’s proposed amendments to Federal Rule 45. Read More . . . |
Feb. 06,2012 |
| Employees of privately held contractors or subcontractors of public companies are not eligible for whistleblower protection under the Sarbanes-Oxley Act of 2002, the U.S. Court of Appeals for the 1st Circuit has ruled in a case of first impression. Read More . . . |
Feb. 02,2012 |
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Feb. 01,2012 |
| . In 7 Steps for Legal Holds of ESI and Other Documents, however, Jablonski and Isaza explain how organizations large and small can develop credible business processes to deal with legal holds and, in doing so, can minimize both the difficulty and expense of preserving documents for litigation. Read More . . . |
Feb. 01,2012 |
| New York's most consequential intermediate appellate court on Tuesday adopted the widespread "Zubulake standard" for determining when defendants must begin to preserve electronically stored information. As my colleague Joseph Ax reported for Reuters, the state Appellate Division, First Department, agreed with a 2004 ruling by U.S. District Judge Shira Scheindlin of Manhattan federal court in Zubulake v. UBS IV, which held that defendants must act to preserve e-discovery once they reasonably expect they'll be a party to litigation Read More . . . |
Jan. 31,2012 |
| LCJ's Spring 2012 Membership Meeting in Washington DC will take place on May 3-4 at the Maylfower Hotel in Dupont Circle. Read More . . . |
Jan. 30,2012 |
| Some Ohio businesses are opposing a bill backed by the attorney general that would create tougher penalties on fraud and give whistle-blowers a slice of the damages or repayments. The proposed legislation, known as the Ohio “false claims act” in a reference to its federal counterpart, would apply to any contracts issued by the state and the money paid out for them, the Dayton Daily News reported. Read More . . . |
Jan. 28,2012 |
| Delaware is known as "The First State" because it was the first to ratify the U.S. Constitution in 1787. In that same trailblazing spirit, the U.S. District Court for the District of Delaware has been at the forefront of electronic discovery innovation. LTN's article "Delaware's Default E-Discovery Developments," reported the Delaware federal court's adoption of its December 8, 2011, "Default Standard for Discovery, Including Discovery of Electronically Stored Information ('ESI')," which traces its lineage back more than seven years. Read More . . . |
Jan. 27,2012 |
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Jan. 09,2012 |
| Whistleblowers earned more than $532 million in 2011 through lawsuits alleging fraud against the U.S. government, a record for such payouts, according to a law firm study published on Friday. Read More . . . |
Jan. 09,2012 |
| Producing copies of documents instead of originals can be spoliation, the 3rd U.S. Circuit Court of Appeals has ruled, though a finding of bad faith is "pivotal" to a spoliation determination. Read More . . . |
Jan. 06,2012 |
| In a bold act of political defiance, President Obama installed Richard Cordray as head of a new consumer watchdog agency Wednesday, bypassing Republican opposition in the Senate that derailed his nomination last month. Read More . . . |
Jan. 06,2012 |
| One day after President Obama appointed Richard Cordray as director of the Consumer Financial Protection Bureau over the objections of Senate Republicans, the bureau announced the launch of a new “nonbank supervision program.” Read More . . . |
Dec. 28,2011 |
| Republicans members of a House subcommittee have approved a bill that would modify the Dodd-Frank Wall Street Reform and Consumer Protection Act requirement that whistle-blowers to report potential misconduct to their company before going to the Securities and Exchange Commission. Read More . . . |
Dec. 28,2011 |
| On Dec. 8, 2011, the Federal District Court for the District of Delaware posted two new default standards for litigation: the Default Standard for Discovery, Including Discovery of Electronically Stored Information ("ESI") and the Default Standard for Access to Source Code. Read More . . . |
Dec. 28,2011 |
| The week before Christmas, two plaintiffs law firms got word that together they were awarded $300 million in fees for their work challenging a takeover deal. Read More . . . |
Dec. 28,2011 |
| Save the Dates for LCJ's 2012 Membership Meetings Read More . . . |
Dec. 19,2011 |
| A group of LCJ members and allies supporting procedural rule reform gathered on Capitol Hill last Tuesday for a hearing conducted by the House Judiciary Subcommittee on the Constitution to examine the need for meaningful amendments to the Federal Rules of Civil Procedure. Read More . . . |
Dec. 08,2011 |
| The Supreme Court of Florida has scheduled an oral argument regarding proposed civil procedure rules amendments on e-discovery for Wednesday, March 7, 2012 at 9:00 am. Thirty minutes has been allocated for the argument. Read More . . . |
Dec. 07,2011 |
| Our regimen for preservation of electronically stored information (ESI) at the federal level — and in particular the "reasonable anticipation of litigation" test for when parties must begin affirmative preservation efforts — is the creation of decisions in "bad facts" cases. As a result, and despite its widespread reach, our current preservation protocol is deeply flawed in critical ways. Read More . . . |
Dec. 06,2011 |
| When Lerach finished serving his brief time in the federal pen, he returned to his Cliffside estate in San Diego to enjoy a fortune estimated at $200 million. And as evidenced by the upcoming fundraiser there, he picked up right where he left off as a key cog in the Democratic money machine. But considering that much of Lerach's fortune was earned by breaking the law, why would any Democratic incumbent, candidate or committee accept his tainted money? Read More . . . |
Dec. 05,2011 |
| John Jablonski of Goldberg Segalla LLP examines perspectives on lowering the burden of preserving data in civil litigation. Read More . . . |
Nov. 10,2011 |
| A hearing has been scheduled for Tuesday, December 13, 2011, at 1:20 p.m. by the House Judiciary Subcommittee on the Constitution on The Costs and Burden of Civil Discovery. Read More . . . |
Nov. 08,2011 |
| A hospital wants the Illinois Supreme Court to stop a pilot program in the Cook County Circuit Court Law Division that requires plaintiffs and defendants to reveal their expert witnesses at the same time. Read More . . . |
Nov. 02,2011 |
| On October 31st, Lawyers for Civil Justice (LCJ) took action to end the era of endless preservation by submitting the official comment, The Time is Now: The Urgent Need for Discovery Reform, to the Advisory Committee on Civil Rules, which is responsible for providing recommendations on rule reform to the Federal Judicial Conference. Read More . . . |
Oct. 20,2011 |
| The Supreme Court said Monday it will consider a lawsuit against Royal Dutch Shell PLC to decide whether corporations can be sued in U.S. courts for allegedly aiding human-rights abuses overseas. Read More . . . |
Oct. 14,2011 |
| The MCC unveiled a new, interactive website to complement its monthly print publication Read More . . . |
Oct. 14,2011 |
| The Florida Defense Lawyers Association (FDLA) and Lawyers for Civil Justice (LCJ) submitted an official comment yesterday - October 13, 2011 – with proposed amendments to Rules 1.280 and 1.380 of the Florida Rules of Civil Procedure that would affect necessary changes in the way discovery of information is conducted. Read More . . . |
Oct. 14,2011 |
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Sep. 26,2011 |
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Sep. 14,2011 |
| Where there's money, there are trial lawyers, and their latest hope for a jackpot is a lawsuit against an industry in political disfavor with the Obama Administration: for-profit colleges. Read More . . . |
Sep. 07,2011 |
| The new Consumer Financial Protection Bureau will use many tools other than lawsuits to do its job, Richard Cordray, President Barack Obama's pick to run the agency, plans to tell senators at his confirmation hearing Tuesday. Read More . . . |
Sep. 01,2011 |
| LCJ took action last week to improve the e-discovery rules to which corporate defendants are held accountable. In an official comment to the Advisory Committee on Civil Rules, LCJ argued that problems with discovery and electronic discovery have become so pervasive in recent years that rule makers must immediately consider meaningful amendments that would substantially improve the federal rules of civil procedure. Read More . . . |
Sep. 01,2011 |
| LCJ took action last week to improve the e-discovery rules to which corporate defendants are held accountable. Read More . . . |
Sep. 01,2011 |
| J. McIntyre gives corporations in the United States and abroad powerful tools to avoid being compelled to appear in courts, state and federal, in jurisdictions, far-flung or near, where there is no purposeful availment. The plaintiffs’ bar is very unhappy with the decision — a measure of the justice finally, and appropriately, accorded defendants. Read More . . . |
Aug. 29,2011 |
| A new tort reform law taking effect this week will enable the Texas Supreme Court to make rules to expedite lawsuits with claims under $100,000 and to allow judges to dismiss those without merit early on. It also will grant legal costs to prevailing parties under certain circumstances. Read More . . . |
Aug. 23,2011 |
| On Sept. 9, the Civil Rules Advisory Committee of the U.S. Judicial Conference will meet in Dallas to consider changing the Federal Rules of Civil Procedure on evidence preservation and sanctions related to electronic discovery. As part of the discussion, the committee — made up of judges, law professors and attorneys — will consider an exhaustive report prepared by Andrea Kuperman, chief counsel to the rules committee. Read More . . . |
Aug. 22,2011 |
| One of the factors Perry repeatedly cites as playing a central role in the Texas economic success is lawsuit reform. Insuring equity and fairness for all defendants and plaintiffs, he argues, is essential to creating a business environment that encourages job creation and economic growth. Read More . . . |
Aug. 21,2011 |
| New technology means that less and less is done on paper and that’s presented challenges for DOJ officials, who are struggling with ways to
manage electronic evidence, such as e-mails and text messages. Read More . . . |
Aug. 16,2011 |
| A tentative schedule for LCJ's December 1-2 Meeting in New York City is now available Read More . . . |
Aug. 10,2011 |
| For plaintiffs, the cost of losing a case is skyrocketing in antitrust and other complex, document-intensive litigation now that the federal courts are routinely approving hefty bills for e-discovery services in the standard taxation of costs. Read More . . . |
Aug. 05,2011 |
| The Seventh Circuit's new opinion has opened the door for parties litigating in non-US courts to use the U.S. federal court system for the purposes of obtaining discovery that is otherwise not available in courts outside the US. Read More . . . |
Jul. 28,2011 |
| In a unanimous vote last week, the Texas senate adopted ‘loser pays’ tort-reform legislation, which says that a plaintiff must pay the winning party’s legal fees if their complaint is judged to be groundless. Read More . . . |
Jul. 26,2011 |
| Senior leaders from some of the world’s leading corporations featured on panels at Legal Technology Leadership Summit at Amelia Island. Read More . . . |
Jul. 26,2011 |
| Discussions about possible e-discovery-related changes to the Federal Rules of Civil Procedure are now being circulated by a subcommittee of the Judicial Conference of the United States Read More . . . |
Jul. 22,2011 |
| WSJ Journalist Kimberly Strassel discusses how the course of the alleged rape case of former Kellogg, Brown & Root worker Jamie Leigh Jones exemplifies a "textbook trial lawyers style" in which lawyers use congress to publicize certain cases and change laws to their liking. Read More . . . |
Jul. 20,2011 |
| The Rhode Island Supreme Court has decided that insurance carriers who face competing claims for limited policy amounts should only be penalized if they fail to use reasonable care in resolving the competing claims. The law firm of Zelle, McDonough & Cohen, LLP represented Travelers Insurance Company in achieving this victory. Read More . . . |
Jul. 18,2011 |
| Lawyers for Civil Justice (LCJ) will lead a panel on corporate preservation of electronically stored information at the 2011 Legal Technology Leadership Summit on September 6-8. Read More . . . |
Jul. 13,2011 |
| A TV movie highlighting some of the most embarrassing moments of the past decade for the nation's trial lawyers premiered on July 11, 2011. Read More . . . |
Jul. 13,2011 |
| The conference call will take place at 4:30 pm EDT Read More . . . |
Jun. 27,2011 |
| Abnormal Use, a blog from LCJ member Gallivan, White & Boyd P.A., was referenced on Monday in the New York Times for its critique of documentary film maker Susan Saladoff's controversial film "Hot Coffee." The film tells the story Stella Liebeck, who in 1992 spilled a cup of McDonald’s coffee into her lap and took legal action that "became a symbol of frivolous lawsuits." Read More . . . |
Jun. 22,2011 |
| LCJ is pleased to announce that Edward P. O’Keefe, General Counsel for Bank of America, has accepted an invitation to speak at LCJ’s Fall 2011 Membership Meeting in New York City. Read More . . . |
Jun. 22,2011 |
| South Carolina Governor Nikki Haley signed into law on Tuesday June 14th H. 3375, a tort reform bill concerning appeal bonds and punitive damages. Read More . . . |
Jun. 22,2011 |
| The Supreme Court's ruling is the latest in a series of decisions that make it clear the justices aim to curb mass litigation Read More . . . |
Jun. 22,2011 |
| At least 18 states have passed legislation this year tipping the civil justice system to favor business, a U.S. group that lobbies for such changes said. Read More . . . |
Jun. 20,2011 |
| The Supreme Court on Monday blocked a massive sex discrimination lawsuit against Wal-Mart on behalf of women who work there. Read More . . . |
Jun. 19,2011 |
| Please save the dates for LCJ’s December 1-2, 2011 Membership Meeting in New York City. December’s meeting will be a joint meeting of LCJ and the Civil Justice Resource Group (CJRG). Read More . . . |
Jun. 18,2011 |
| LCJ is pleased to announce that Rachel Kolokoff has joined its staff as Communications Coordinator. Read More . . . |
Jun. 16,2011 |
| Tennessee Governor Bill Haslam signed on June 16, 2011 Tennessee Civil Justice Act of 2011, a broad tort reform bill. Senate Majority Leader Mark Norris (R-Collierville) and Senator Brian Kelsey (R-Germantown) sponsored the legislation as a way to provide businesses with certainty and predictability in litigation while ensuring that injured plaintiffs are compensated for their suffering. Read More . . . |
Jun. 14,2011 |
| Clearly, taxpayers have more than enough on their plates already. So -- should they also be made to pay $600-per-hour legal fees of environmentalists who sue the government? Read More . . . |
Jun. 02,2011 |
| The South Carolina state Senate approved on Wednesday H. 3375, the South Carolina Fairness in Civil Justice Act of 2011 Read More . . . |
Jun. 02,2011 |
| The South Carolina House of Representatives Passed H. 3375, the South Carolina Fairness in Civil Justice Act of 2011 Read More . . . |
May. 24,2011 |
| LCJ is encouraging you to take action now to oppose S. 623, the Sunshine in Litigation Act of 2011, which was passed out of the Senate Judiciary Committee on a 12 to 6 vote on May 19, 2011. Read More . . . |
Apr. 15,2011 |
| The Pennsylvania House of Representatives passed House Bill 1 (the "Fair Share Act") by a vote of 112 to 88 on April 11, 2011. If enacted, it would greatly limit the doctrine of joint and several liability in Pennsylvania, with narrow exceptions. Read More . . . |
Apr. 08,2011 |
| LCJ took significant action last week to clarify and improve the e-discovery standards to which corporate defendants are held accountable. Read More . . . |
Apr. 08,2011 |
| This Amicus Brief was submitted in support of the defendant/appellant in the case of Voom v. Echostar Read More . . . |
Apr. 08,2011 |
| This comment is titled “Preservation – Moving the Paradigm.” Read More . . . |
Apr. 06,2011 |
| LCJ’s May 1-3, 2011 legal conference will feature a star-studded cast of guest speakers from across the nation. Read More . . . |
Apr. 06,2011 |
| Can a class-action lawsuit be too sprawling to deliver old-fashioned justice? Justice Antonin Scalia seems to think so, judging by his comments on Tuesday... Read More . . . |
Apr. 01,2011 |
| New ruling on preservation sets unclear, unreasonable standards Read More . . . |
Mar. 31,2011 |
| As part of its ongoing initiative to improve the Federal Rules of Civil Procedure, LCJ has advocated revision of Rule 45, which concerns subpoenas Read More . . . |
Mar. 14,2011 |
| LCJ’s 2011 Spring Membership Meeting will feature distinguished guest speakers from across the nation. Read More . . . |
Mar. 13,2011 |
| An expansion of alternative litigation financing, or ALF, would undermine the integrity of the U.S. judicial system by turning courts into investment markets, according to the national organization Lawyers for Civil Justice (LCJ). Read More . . . |
Mar. 02,2011 |
| On Thursday, LCJ submitted a letter to the ABA Commission on Ethics urging its members to consider that an expansion of ALF, particularly in the class action arena, threatens the judicial system by upsetting the balance of power between plaintiffs and defendants, creating ethical quandaries for lawyers, increasing the potential for general abuse of the system and more. Read More . . . |
Jan. 31,2011 |
| A nationwide chorus of academics, corporate counsel and defense counsel are joining in efforts to fundamentally reform the Federal Rules of Civil Procedure. Excessive costs and delays, they say, are diminishing the quality of justice provided by the current system. Read More . . . |
Jan. 10,2011 |
| The federal government is poised for the first time to make public thousands of complaints it receives each year about safety problems with various products, from power tools to piggy banks. Read More . . . |
Jan. 10,2011 |
| House Judiciary Committee Chairman Lamar Smith (R-Texas) today outlined the Committee’s role in the upcoming debate on the vote to repeal Democrats’ misguided government takeover of health care. Read More . . . |
Jan. 10,2011 |
| Chairman Lamar Smith (R-Texas) today announced the House Judiciary Committee’s subcommittee chairmen for the 112th Congress. Read More . . . |
Dec. 27,2010 |
| Governor Perry, of Texas, is proposing a British-style "loser pays rule, which would require plantiff's to pick up the legal costs of their targets if they lose their suits. Read More . . . |
Nov. 12,2010 |
| This formal comment, Preservation: Moving The Paradigm, was submitted to the Advisory Committee on Civil Rules regarding problems related to preservation of information in litigation. Read More . . . |
Oct. 25,2010 |
| Power Line Blog discusses leftist law professor nominated by Obama for a position on the US Court of Appeals for the Ninth Circuit. Read More . . . |
Oct. 25,2010 |
| Submission of "WHITE PAPER" Represents Major Initiative by Organized Defense Bar to Support Procedural Rule Reform Read More . . . |
Oct. 25,2010 |
| LCJ provided new impetus for a fundamental review of the Federal Rules of Civil Procedure by submitting the FRCP White Paper on Reshaping the Rules of Civil Procedure for the 21st Century to the 2010 Duke Law School Litigation Review Conference. Read More . . . |
Oct. 25,2010 |
| LCJ submitted the final version of its FRCP White Paper on Reshaping the Rules of Civil Procedure for the 21st Century to the 2010 Duke Law School Litigation Review Conference. Read More . . . |
Oct. 25,2010 |
| Provisions in the federal Oil Spill legislation (HR 5503) that would have placed severe restrictions on judges from issuing protective orders and diminished the impact of the Class Action Fairness Act have been stricken from the legislative proposal before the bill reaches the U.S. House of Representatives. Read More . . . |
Oct. 18,2010 |
| On Thursday, September 2nd, LCJ submitted the Comment To The Civil Rules Advisory Committee, A Prescription for Stronger Medicine: Narrow the Scope of Discovery that focused on the scope of discovery. Read More . . . |
Sep. 15,2010 |
| LCJ was just one of over 85 organizations that oppose the reversal of a federal tax law and were able to participate in a letter to the Department of the Treasury. Read More . . . |
Aug. 25,2010 |
| In a PointOfLaw.com article, former LCJ Board Member, Marc Williams discusses the American Association for Justice, the Obama Administration, and financial benefits for members of the AAJ. Read More . . . |
Aug. 23,2010 |
| The Financial Accounting Standards Board has voted to extend it's deadline for comments by 30 additional days. Their chairman extended it because it "was difficult to meet becuase of quarterly reporting deadlines." Read More . . . |
Jul. 08,2010 |
| John Stossel investigates how lawyers and the cases they argue rarely make their client's lives better. They make life much worse. Read More . . . |
Jul. 08,2010 |
| Around the anniversary of "To Kill A Mockingbirg, associate member, Mills Gallivan blogs for Abnormal Use regarding the amending of the Federal Rules of Civil Procedure, ten times over the last 50 years. Read More . . . |
Jul. 08,2010 |
| A representative from one of LCJ's Corporate Member organizations writes an article for Metropolitan Corporate Counsel concerning the "opportunity to make fundamental changes in the Federal Rules of Civil Procedure." Read More . . . |
Jun. 28,2010 |
| This letter concerns Section 6 of H. 5503, the Oil Spill bill. Read More . . . |
Jun. 15,2010 |
| This letter concerns LCJ's opposition to Section 6 of H. 5503, the Oil Spill bill. Read More . . . |
Mar. 02,2010 |
| Chevron's EVP to go to Arizona State University's College of Law Read More . . . |
Feb. 28,2010 |
| General counsel, senior corporate representatives from several US leading corporations expressed their support for the LCJ/CJRG Procedural Rules Project at LCJ Meeting in NYC. Follow up statements by the corporate representatives listed below appear in February issue of Metropolitan Corporate Counsel. Read More . . . |
Feb. 09,2010 |
| James Copland of the Manhattan Institute discusses Citizens United v. Federal Election Commission, and how it permits independent campaign expenditures by corporations. Read More . . . |
Feb. 03,2010 |
| WSJ article on Trial Lawyers and Shareholders Read More . . . |
| Copyright 2010 Lawyers for Civil Justice |
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