Searching Content indexed under Court Procedure by Holland & Knight ordered by Published Date Descending.
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U.S. Supreme Court Opens Federal Courts To Federal Takings Claims
The Takings Clause of the U.S. Constitution prohibits governments from taking private property or imposing certain types of restrictive land use regulations unless the government
United States
9 Jul 2019
Risk Management Lawyers Rejoice As Clear Scope Of Representation Defeats Malpractice Claim
In Attallah v. Milbank, Tweed, Hadley & McCloy, LLP, 2019 WL 362266, the Supreme Court of New York's Appellate Division upheld the dismissal of a legal malpractice
United States
4 Mar 2019
Lucia Decision Means Remand Not A Set-Aside Of The Judgment
An investment advisor could not convince the D.C. Circuit that the recent Supreme Court decision in SEC v. Lucia meant an end to his legal troubles
United States
28 Sep 2018
Refresh Vs. Impeach: Know The Difference
Witnesses give bad answers all the time. They forget things, they make mistakes, they lie. We talked in earlier columns ...
United States
20 Feb 2018
New Procedures For Handling Juvenile Police Records For Illinois Municipalities
A new amendment to the Illinois Juvenile Court Act (JCA) (705 ILCS 405/1-1 et seq.) concerning disclosure and expungement of juvenile law enforcement records took effect on Jan. 1, 2018.
United States
5 Jan 2018
The Why Of Cross-Examination
Our next series of columns will address the subject of cross-examination.
United States
14 Jul 2017
Eastern District of California Adopts Broad Approach to Screening
In deciding a disqualification motion based on a conflict of interest resulting from a lateral hire, the Eastern District of California recently adopted a screening-friendly approach in National Grange of the Order of Patrons v. California Guild...
United States
6 Jul 2017
Basic Points To Consider In Redirect Examination
When redirecting examination, there are several factors to consider in order to refocus the jury on what you believe is important.
United States
28 Jun 2017
Getting Rid Of Clutter In Direct Examination
Trials tend to be plagued by verbal clutter - that is, unnecessary words spoken by lawyers and witnesses (and, yes, sometimes judges).
United States
8 May 2017
Florida Supreme Court Rejects More Rigorous Expert Testimony Standard
The federal court system and 36 states have adopted the so-called Daubert standard in place of the Frye standard when it comes to qualifying expert witnesses under the rules of evidence
United States
6 Mar 2017
Calif. Supreme Court Resolves Conflict In Anti-SLAPP Procedure, Provides Guidance To Litigants
The California Supreme Court has resolved a long-standing conflict among lower appellate courts in how to treat so-called "mixed" causes of action involving allegations of protected and unprotected activity.
United States
9 Aug 2016
D.C. Adopts Screening Of Laterals, But Adds Delayed Or No Notice Exception
The District of Columbia Court of Appeals, in Order No. M-242-12 of Oct. 8, has adopted amendments to RPC 1.10 that will allow firms who hire lateral lawyers to screen those lawyers in order to prevent imputation of their former-client conflicts.
United States
22 Oct 2015
California Law: Attorney Billing Records Protected By Attorney-Client Privilege
This is the first clear holding in California that protects invoices from disclosure under the attorney-client privilege because attorney invoices are confidential communications between attorney and client.
United States
4 Jun 2015
U.S. Sentencing Commission Approves Major Changes To Fraud Guidelines
Recent changes to the federal sentencing guidelines would lead to a number of major revisions to the law, including updates to the definition of "intended loss," the victims table and the meaning of "sophisticated means."
United States
17 Apr 2015
Second Circuit Ends "Doing Business" Test In New York For General Jurisdiction
Following Daimler AG v. Bauman, the Second Circuit has cemented the "essentially at home test" into New York's jurisdictional jurisprudence.
United States
17 Feb 2015
DOJ Shifts Stance On False Statements Prosecutions
The DOJ recently adopted a more defense-friendly position on criminal prosecutions under a commonly used federal charging statute, Section 1001.
United States
2 Jun 2014
Florida Appellate Court Reverses Trial Court Orders Excluding Media From Jury Selection
"Overflow" Courtroom with Audio-Only Deemed Not Sufficient.
United States
30 Apr 2014
Daimler And Walden: The Supreme Court's Continued Trend On Limiting Personal Jurisdiction
The Supreme Court has issued two decisions that clarify the limitations of general and specific jurisdiction over a non-resident defendant.
United States
21 Mar 2014
The Florida Times-Union Prevails In Pension Talks That Were Determined To Be In Violation Of Florida Sunshine Law
This Florida Decision Has National Implications for States with Sunshine Laws Similar to Those in Florida
United States
6 Jan 2014
Mind the Gaps, Fellow Counsel
Preparing a witness to answer questions in court and to recount real-world experiences as accurately as possible is a difficult task.
United States
24 Sep 2013
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