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The Federal Lawyer (2015)

December

Let’s say you are contemplating filing a lawsuit in federal court, or your client unexpectedly gets served with a complaint. What happens in the next few months is crucial, particularly if electronically stored information (ESI) is involved, which will almost always be the case. Moreover, with the upcoming amendments to the Federal Rules of Civil Procedure,1 litigators will have even more to do in these early stages.

October

Picture yourself on the side of the road after being stopped by the police for a minor, noncriminal traffic infraction—say, a broken taillight. Then imagine the officer who stopped you says, “You seem nervous. Can I search your car?” Being in a hurry and knowing your constitutional rights, you decline the officer’s request.

September

The lifeblood of a law firm is the information—often incredibly sensitive information—that flows through it. Clients expect lawyers to keep their confidential information from falling into the wrong hands, and law firms that cannot do this will soon find themselves out of business. Even beyond the goal of maintaining security to keep clients happy, lawyers have a legal and ethical duty to protect this information and can face severe repercussions if they are not able to do so.

August

In 1955, Hirum Bebee died after spending 10 years in a Utah prison for murder. This would be unremarkable but for the fact that Hirum Bebee may not have been his real name. Many believed the prisoner to be Harry Longbaugh, the famous bank and train robber also known as the Sundance Kid.

July

During one of my recent mountain bike rides, I was listening to the U2 song “Every Breaking Wave”—off their Songs of Innocence album—in which Bono sings, “Every sailor knows that the sea is a friend made enemy.”

June

Why Diversity and Inclusion Matter for Lawyers of Color, and What Lawyers Can Do
To Address Implicit Bias in the Legal Profession.

May

Join four adminstrative law judges as they describe their career paths, typical work day, judicial structure, and their advice to legal practitioners.

April

The list that follows tells you the Indian law
cases the Supreme Court decided in the 40 years of the Indian Law Conference, the citation, whether it favors or is adverse to Indian interests, who wrote the majority opinion, and how the other justices voted.

March

A brief recap of the recent celebration of the 225th anniversary of the first session of any court established under the Constitution. Chief Judge Loretta A. Preska, a Federal Litigation Section board member, presided at a special session of the court.

January/February

With patent litigation expenses on the rise, accused infringers seek effective tools to curb abusive lawsuits brought by patent trolls. This article explores using the fee-shifting provision of 35 U.S.C. § 285 as one such tool, particularly in light of recent Supreme Court decisions that have made it easier to obtain fee awards.