Litigation News

Employee Benefits

Decision Vacating DOL’s Fiduciary Rule Creates Circuit Split

By Martha L. Kohlstrand

Appellate courts divide over whether the Department of Labor exceeded power to regulate investment advisors.

Discovery

Privilege Waived for Email Copied to Unrepresented Third Party

By Peter J. Murphy

Client communication with unrepresented contractor is not protected by common interest.

Client Protection

ABA Says Social Media May Waive Confidentiality

By Benjamin E. Long

Former clients may have “generally known” information used against them.

Lawyer Discipline

Poll of Potential Jurors Results in Six-Figure Sanction

By Geoff A. Gannaway

Lawyer lacks candor in response to claim, court holds polling attorney tried to woo jurors.

Ethics

Attorneys Permitted to Ghostwrite Pleadings for Pro Se Litigants

By Martha L. Kohlstrand

Ethics opinion permits ghostwriting without disclosing assistance to court or opponent.

Litigation & Trials

Calls for Transparency Loom Over Increase in Litigation Funding

By Onika K. Williams

Rise in use of third-party litigation funding provokes disclosure requirement trend.

Top Stories

The latest developments in ethics, discovery, attorney-client privilege, trial practice, and more—written by litigators, for litigators.

Featured Articles

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Business of Litigation

Keeping up with changes in the legal industry and the practice of law.

Technology

Trends in legal technology and how it impacts the practice of law.

Ethics

Relevant and newsworthy analysis of the Rules of Professional Conduct.

Civil Procedure

Stay on top of updates on civil procedure and see what’s happening in the courtroom.

Voices from the Bench

Tips from judges on trial preparation, jury selection, trial presentation, witness examination, and professionalism.

Trial Skills

Tips from the trenches.