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Stop. Do not hit delete. When a dispute might lead to litigation, it is crucial to press pause on the delete button and press save instead. In California, the duty to preserve evidence triggers when a party reasonably should know of its relevance. There is nothing worse than having to explain in the middle of
One of the best litigation attorneys I ever worked with started out as a carnival worker. His road from carnival tent to courtroom was certainly unusual, but the traits that made him successful in both have more in common than you might think. In today’s legal environment where juries are trial savvy from watching high
Witness Preparation One of the most important jobs for a litigator is preparing a witness to testify. Testimony can take place in a deposition or in front of a judge or jury. Witnesses can be lay or expert witnesses. These distinctions make little difference when preparing someone to testify. The important issue is making sure
As most litigators would tell a client, choosing the right expert in litigation can be the difference between winning and losing. I have litigated many cases and I have seen first-hand how picking the right or wrong expert can have an incredible impact on the outcome of the case. Litigators often say that a case
Federal Court Diversity Jurisdiction Understanding the intricacies of federal court jurisdiction is crucial for law students, practicing attorneys, and litigants alike. One of the foundational concepts in this area is diversity jurisdiction, a key component of federal court proceedings. This blog post aims to demystify the complexities of diversity jurisdiction as outlined in 28 U.S.C.
The Legal Status of Staking in the Crypto World With BTC, ETH, and other cryptocurrencies trending upward in Q4 2023 and into 2024, it is a good time to revisit an issue I have been thinking about lately. What is the legal status of staking? The Basics About Staking According to Coinbase, staking is multifaceted
Choice-of-Law Provisions in Contracts Few contract provisions are as important and yet often overlooked as the choice-of-law provision. This provision determines which jurisdiction’s legal framework will govern the contract and shapes how disputes will be resolved and how legal rights will be interpreted. It is essentially the legal compass guiding the contractual relationship. Making the
We’ve always tried to cover key aspects of arbitrations on this blog, and why arbitration may make more sense for your situation, as opposed to having to pursue a public lawsuit in court. But when you need fast, injunctive relief, a prior agreement to arbitrate can potentially cause delay and be problematic. Though a major
Introduction Since last month’s post covering international aspects of trademark infringement litigation, we’ve gotten some questions about what resolution options are available short of full-blown litigation. Obviously, trademark infringement is a significant concern for businesses and individuals seeking to protect their brands. But, sometimes, settlement or other mutual agreements to resolve these problems can make
With the SEC v. Ripple decision emerging recently, many commentators (see here and here) have focused on the holding of the case, which is the correct place to start. This post focuses on the holding, plus additional matters discussed in the decision and additional insights gleaned from the rest of the decision. Foundational Facts of
