“Every Little Thing”: Preparing Your Case for Trial
It’s the moment of truth: A plea or settlement is not to be, and the judge has set a trial date. What now?
Litigation Journal | Winter 2024: Litigation Road, a Magical Mystery Tour
Volume 50, Issue 2
Features
Representing “Rocky Raccoon”: Animal Law by the Beatles
The author's life as an animal lawyer started decades ago, when he attended an ABA conference in San Francisco and learned about the treatment of animals in America.
“All Things Must Pass”
Often, a family business mediation results in a settlement that each side is likely to be somewhat unhappy about. But it stops the legal fees from accruing and often provides some level of closure to…
“We Can Work It Out”: The Art of Negotiation
Instead of bluster and bravado, you should consider a charm offensive aimed at making the best case for your client.
When the “Taxman” Comes Knocking
The real challenge when prosecuting tax cases was convincing the jurors to dislike the defendants more than they already disliked the IRS.
“Helter Skelter”: Lyrics Matter
After listening to the White Album, Charles Manson concluded that the song “Helter Skelter described his bizarre theory about a race war.
“Do You Want to Know a Secret?”: Courts and Agencies Unwittingly Join Hackers in Exposing Secret Information
The SEC poses a real and present danger to companies’ “secrets,” and savvy litigators must understand how cybercrimes can change the contours of the attorney-client relationship.
“The Long and Winding Road”: Litigating the Beatles’ Partnership Dissolution
Problematic contracts—and the shaky business empire they spawned—exacerbated the Beatles’ growing interpersonal disharmony.
“Back in the U.S.S.R.”: How Russia’s Invasion of Ukraine May Invite Billions in Arbitration Claims
The Bilateral investment treaty Russia and Ukraine has been used to hold Russia accountable for its violations of Ukraine’s property rights.
“I’m So Tired” . . . but Not of the Law: Innovative Strategies to Address Attorney Burnout
Burnout in the legal profession is both treatable and preventable, but we must be willing to take action to prioritize our health and well-being.
“Happiness Is a Warm Gun”
The agency’s dual role as a criminal law enforcer and civil regulator means that its “regulations” are in effect criminal laws .This dual role renders its actions uniquely vulnerable to Administrativ…
“Roll Over Beethoven”: A Battle of Stories in Music Copyright Cases
Music copyright cases are a battleground for testing the ability of copyright law to account for the realities of the creative process.
“Run for Your Life”
The song is a John Lennon composition that essentially tells a significant other: If you cheat on me, I will kill you.
Columns
“Come Together”
It remains pressing to preserve the “tradition of the adversary system” as the means of resolving conflict.
Law and Song
You should belt it out in arguing a motion or in summation. Stop worrying about how you sound; argue with conviction and intelligence.
Headnotes
“Revolution”
For the moment, there is reason to be optimistic about the continued place for human lawyers in our legal system.
“Nowhere Man”: Treat LLCs Like Corporations to Ensure Diversity Jurisdiction Remains Viable
To ensure that diversity jurisdiction remains a viable way to access federal courts, LLCs and corporations should be treated the same for diversity purposes.