Business Torts & Unfair Competition


Learn while you’re on the go. Listen to the Business Torts & Unfair Competition Committee’s audio recordings on this archive page.

Sound Advice

Proving Lost Profits for a New Business
This piece, by Kerry Murphy of Lasky Murphy in New Orleans, discusses the varying standards applied by courts when considering lost profits claims by new businesses.

Introduction on Converting Arbitration Awards into Judgments, and Competing Actions to Vacate Awards
In this Sound Advice, Christopher Tackett provides a non-jurisdiction specific refresher/introduction on the general process for converting an arbitration award into a judgment, and provides an overview regarding the potential competing proceedings to vacate an arbitration award.

Gender Diversity With Mediators, Arbitrators and Expert Witnesses
This program discusses the gender disparities in use of mediators, arbitrators and expert witnesses and strategies for improvement.

Three-Day Rule Eliminated for Electronic Service
Make sure to correctly calendar your response deadlines under the most recent edits to the Federal Rules of Civil Procedure. You no longer get three extra days for electronic service.

Benefits of Using a Jury or Graphics Consultant
Mock trials can be very expensive. Jury consultant Dr. Kelloir Smith discusses many of the benefits of hiring consultants—including cost savings vs. a mock trial. (06:25 min)

Creating a Marketing Plan: Tips and Strategies
Marketing oneself is a must to build business. Maria Kreiter gives some best practices aimed at young lawyers to help develop their marketing plans. (07:12 min)

When Associates Gain Trial Experience, Everyone Wins
Trial experience is one of the most critical areas needed to effectively represent clients in litigation. More seasoned lawyers should encourage young lawyers to participate in trial as much as possible. Here are a few tips on how to do so. (06:25 min)

A Call to Arms on Judicial Scrutiny of Attorney Fee Awards in Class Action Settlements
Wendi Berkowitz examines recent cases where Justice Posner takes a renewed view of attorney fees in class actions.


Making an ABA Conference Work for Business Development
Learn how to expand your network by taking part in ABA conferences and other ABA leadership opportunities from these litigation leaders. This roundtable will discuss the best ways to network, meet others, and follow-up after your interaction with lawyers from across the country that you meet at various ABA conferences. Through this entertaining roundtable, you will be able to learn how to make your attendance at ABA conferences work for you and your business development efforts to expand your referral network in the most effective way while having fun at these events. (58:17 min.)

Update on Proportionality of Discovery Following the Amendments to the FRCP
One of the major changes to the Federal Rules of Civil Procedure was to limit discovery to the proportional needs of the case. Join District Judge Paul Grimm, Chief Magistrate Judge Karen Roby, and Magistrate Judge Kristen Mix to discuss awareness amongst litigation counsel of this shift regarding discoverability and the practical effect of this change to the rules and their experience in confronting issues regarding proportionality in the scope of discovery. (55:07 min.)