Failure to File Surreply Leads to Waiver on Appeal

By Matthew S. Mulqueen

Appellate court cites trial court’s local rules in decision.








Attorney Misrepresentations Result in Revival of Dismissed Claims

By Amy Mattson

Hundreds of age bias claims reinstated after court finds lawyers’ letters misled clients.


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New Federal Evidence Rule Changes Reflect Modern World

By Carl A. Aveni

Rule 902 streamlined to allow self-authentication of electronic evidence.

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Go to the Scene—Part 1: Go the Extra Mile
By Hon. Mark A. Drummond
Sitting in your office is not the "next best thing to being there."

Judge Cuts Off Your Argument? Make Your Record!
By Hon. Karen L. Stevenson
Failing to make a record can have dire consequences.

More Voices from the Bench


Why Do Lawyers Still Make Boilerplate Objections to Civil Discovery?
By Charles S. Fax
The law is clear: Boilerplate objections are disallowed.

Why Don't Federal Judges Follow the (Discovery) Rules?
By Charles S. Fax
Learn how to manage the discovery process to achieve proportionality.

More Civil Procedure Articles


Appearance-of-Impropriety Test Replaced with Objective Analysis Standard
By Amy Mattson
The “appearance of impropriety” and its perceived conflict is not sufficient under Model Rule 1.9.

Court Order Sent to Spam Folder Costs Client Appeal
By Stephen Carr
Setting the filtered emails to delete automatically resulted in a failure to review.

More Ethics Articles


The SEC’s Whistleblower Program: A Growing Legal Cottage Industry
By Daniel S. Wittenberg
There is big money flowing through the SEC’s Whistleblower program and the stakes are creating a significant increase in litigation.

Data Analytics: A New Arrow in Your Legal Quiver
By Daniel S. Wittenberg
Find that competitive advantage by integrating big data analytics into your practice.

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