By Marcia Coyle | April 11, 2018
Since 1989, federal district and appellate courts have taken a variety of sometimes conflicting approaches to open questions concerning the crime-fraud exception to the attorney-client privilege.
New York Law Journal | Analysis
By Michael B. de Leeuw | April 11, 2018
What does it actually mean these days to have “possession, custody or control” of a document or a few bytes of ESI? It is a critical question because discovery failures can lead to adverse inferences, sanctions and infamy!
Delaware Business Court Insider | Commentary
By James S. Green Jr. | April 11, 2018
Almost one year ago, the U.S. Supreme Court decided the landmark case of TC Heartland v. Kraft Foods Group Brands. The decision upended what had been the status quo on the issue of where venue lies in patent infringement actions.
The Legal Intelligencer | Commentary
By Donna Doblick and Joshua Newborn | April 10, 2018
An inter-family squabble in the Virgin Islands has produced U.S. Supreme Court precedent that affects jurisdictional deadlines in thousands of cases across the country.
By Tony Mauro | April 10, 2018
"He is not paying attention to the newspapers, he's paying attention to briefs, and cases, and laws. He's not one for the D.C. cocktail circuit, as it were. Just not his scene, never has been," says Jamil Jaffer, a former Gorsuch clerk.
New Jersey Law Journal | Commentary
By Joel I. Rachmiel | April 9, 2018
OP-ED: Mr. Bumble's humble opinion. A commentary on "State v. Sutherland."
By Tony Mauro | April 9, 2018
By long tradition, the U.S. Supreme Court discounts the votes and opinions of justices upon death.
By Tony Mauro | April 9, 2018
The Ninth Circuit on Monday published a posthumous opinion from Circuit Judge Stephen Reinhardt. But by long tradition, the U.S. Supreme Court discounts the votes and opinions of justices upon death.
By Marcia Coyle | April 6, 2018
The Justice Department cites its ongoing investigation of Harvard's admissions policies in seeking broad access to key material in a pending lawsuit in Massachusetts.
National Law Journal | Commentary
By Robert W. Bennett | April 6, 2018
If opponents of gun control measures are supporters of the Second Amendment, then it might seem that proponents must be opponents of the Second Amendment. That is just plain wrong.
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