Sound Advice

Get quick tips on the go. Listen to podcasts from experienced litigators. Disclaimer: The information on “Sound Advice” is for discussion purposes only and does not reflect the opinions of the ABA. The information is not legal advice nor a substitute for legal counsel.

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Recent Sound Advice

Confronting the Question: Does BMS Apply to Class Actions?

By Adam Polk – January 24, 2020 | Adam Polk discuss the Supreme Court's 2017 BMS decision, subsequent district court decisions' application of the decision to the claims of absent class members, and two recent appellate courts who have been asked to decide: "Does BMS apply to class actions?"

Visit - Class Actions & Derivative Suits

Ethics and Expert Witnesses

In this Sound Advice, Andrew Toft discusses ethics and expert witnesses. Litigators are familiar with Federal Rule of Civil Procedure 26 as it relates to expert witnesses and Federal Rules of Evidence 702, 703, and 705 regarding expert testimony. Litigators should also familiarize themselves with the ABA's formal ethics opinions discussing the ethics of dealing with experts, including lawyer experts.

Visit - Expert Witnesses

Obtaining or Resisting Injunctive Relief

In litigation, there are very few mechanisms that are as powerful and game-changing as the remedy offered by preliminary injunctive relief. Because preliminarily-granted injunctive relief is an extraordinary remedy, both in terms of its timing and effectiveness, it is absolutely essential to understand the best strategy to pursue in obtaining that relief and, if you represent the party opposing that outcome—recognizing the ways in which you can persuade a judge to deny that remedy when your client is given an opportunity to be heard. In this Sound Advice, Dana Lumsden of the Charlotte office of Bradley Arant Boult Cummings LLP provides advice on obtaining or resisting injunctive relief.

Visit - Pretrial Practice & Discovery

Selecting the Right Commercial Arbitrator

The notion that you can select the person who will decide your client's fate in arbitration is powerful and not to be taken lightly. In this Sound Advice, Neal Eiseman gives tips on what to consider and how best to make that selection.

Visit - Alternative Dispute Resolution

Tried and True Tips for Trying Timed Trials

In this Sound Advice, Blanca Young offers practical tips for trying cases in which the judge had imposed time limits for trial.

Visit - Trial Practice

Constructing a Privilege Log: What You Need to Know

Litigation attorneys often view privilege logs as an afterthought during discovery. However, an inaccurate or incomplete log (or altogether failing to provide a privilege log) can have drastic consequences for both the attorney, the client, and their relationship. In this Sound Advice, Joshua Sindel provides simple tips to prevent this from happening to you.

Visit - Pretrial Practice & Discovery

Coordinating North American Securities Class Actions: A Canadian Lawyer's Perspective: Part II

By Hadi Davarinia - December 10, 2019 | Join Hadi Davarinia of Morganti & Co. in this Sound Advice for a discussion of possible methods of coordination of U.S. and Canadian Securities class actions, including best procedural practices in the early stages of litigation.

Visit - Class Actions & Derivative Suits

Coordinating North American Securities Class Actions: A Canadian Lawyer's Perspective: Part I

By Darryl Kyte - November 27, 2019 | Darryl Kyte, member of cross-border firm Morganti & Co., provides his opinions and insight into how to effectively coordinate United States and Canadian securities class actions in their early stages. The first in a two-part series.

Visit - Class Actions & Derivative Suits

Past Sound Advice by Committee