Spring 2011
Issue Theme
Under the RadarThere are things we do as litigators to call attention to ourselves and our clients (e.g., release a complaint to the press at the same time as we serve our opponent) and then there are things we do that we’d rather have others ignore—that we’d like to have come in under the radar. This issue focuses on those out-of-the-limelight moments and tactics.
Featured Articles
Law Firm Bankruptcies
Law firm bankruptcies. Not long ago, that phrase would have been unheard of. Law firms didn’t go bankrupt. Times have changed.
The Story Never Heard: "Exonerating" Your Client Before Indictment
When the government investigates potential violations of the FCPA, there are multiple entities and parties who need to be protected.
Obtaining Defense Witness Immunity: Lessons from the Broadcom Trial
One of the most vexing problems criminal defense attorneys face is the ability of the government to selectively grant immunity to witnesses.
Litigating Civil Subpoenas to Identify Anonymous Internet Speakers
Internet users often do not think about the possibility that what they say online can be traced back to them.
Countdown to Trial
No time is more critical for preparation of a successful jury trial in a complex case than the 30 days before trial commences.
Thoughts on Challenging Existing Precedent
Crafting successful arguments for overruling precedent requires careful attention to facts, circumstances, and legal doctrines at issue.
Making the Best of a Bad Situation: Grand Jury Representations
Receiving a grand jury subpoena is never a good thing for your client.
"Bad Acts" Evidence in Civil Cases Under Rule 404(b): It's Not Just For Prosecutors Anymore
Rule 404(b) is a specialized rule of relevancy.
Opening Statement
Clients Consider Lower Costs of Non-U.S. Venues
The uncontrollable costs of litigation now has the potential to force large businesses to forego the use of federal courts.
Legal Lore
The Sobibor Revolt
The conviction of John Demjanjuk in the spring of 2011 closed the final chapter on a rare successful revolt by Jewish inmates of a Nazi death camp.
Sidebar
Evidence—A Brand New World
The new world has invaded the traditional ornate rooms where serious disputes are decided.
Advance Sheet
Is "Sanity" Enough
Illinois could not escape the opprobrium heaped on its courts and its politics by pundits near and far.
Literary Trials
It Wasn't Pretty, Folks, but Didn't We Have Fun? Esquire in the Sixties
The feud that erupted between Gore Vidal and William F. Buckley in the late sixties embroiled Esquire magazine and resulted in a litany of suits and countersuits.
