commercial litigation

Evidence Rules Cramping Up Common Sense

August 29, 2010 22:17

Smarter fellows than I have observed that the rules of evidence are a systematic effort to keep the truth from seeping into the courtroom. As one of the authors of the Notable British Trials series observed way back in 1933,...Smarter fellows than I have observed that the rules of evidence are a...

Freedom Of Contract Not Unlimited

July 16, 2010 18:26

This is still a free country, so long as you stay out of Arizona or have your immigration papers in order. Freedom of contract is one the central principles of American law that is even recognized in the Constitution (in...This is still a free country, so long as you stay out of Arizona or have...

Lawyers Gratuitously Slapped For The Sake Of Marmots?

July 10, 2010 02:08

It does not happen often. Usually judicial decorum and hidebound notions of professionalism prevent it. But every once in a great while, an appellate court takes a swipe at a lawyer. No matter what a lawyer does or fails to...It does not happen often. Usually judicial decorum and hidebound notions...

Delaware Superior Court Adopts eDiscovery Rules

May 03, 2010 14:27

  As explained by Ed McNally, one of the most renowned corporate litigators in the known universe, the Delaware Superior Court has created a commercial litigation division.  This is exciting for many reasons, not the least of which is the new division has rules regarding...

"Lost" iPhones and Goldman Sachs: Filtering Deception Through Middlemen

April 21, 2010 13:21

"Once the lawyers get involved..." There are a hundred ways to end that sentence. Once the lawyers get involved, everything falls apart. It takes ten times as long to finish a deal. A lawsuit is inevitable. The hysterics start. Few of the potential endings are favorable towards...