January/February

January/February

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"Tweet" Me Your Status: Social Media in Discovery and at Trial
Times have changed, and the way in which we prepare for and try cases must take into account the types of communication media now in use. Simply put, trials involve witnesses, and it is likely that the modern witness has an electronic trail or history that may be relevant and/or persuasive when making your case or trying to break down your opposition.

Features

A Briefreader’s Guide to Briefwriting
Federal law clerks have a remarkable opportunity to read arguments on a wide range of subjects that are drafted by lawyers who have varying levels of skill and experience. Although law clerks do not share the judge’s burden of decision-making, they are close enough to the process to observe what writers can do to make briefs helpful and memorable. From the perspective of an experienced reader, I offer some thoughts about writing briefs.
"Show Me the Information" or How to Meet the Challenges of E-Discovery in Wage and Hour Litigation
How to deal with E-Discovery challenges in cases involving employees’ wage and hour claims, just as they exist in cases involving claims of discrimination, retaliation, failure to accommodate special needs, denial of leave under the Family Medical Leave Act, failure to reinstate a worker pursuant to the Uniformed Services Employment and Re-employment Rights Act (USERRA), or any number of state law theories, such as breach of contract, defamation, or tortious interference with contractual relations.