Defense Counsel Journal articles from October 2006

Defense Counsel Journal archives from October 2006

Reflections on the recent year and plans for the future.(President's page)
October 1, 2006... As I think about the year just completed under Greg Lederer's leadership, it occurs to me that two events best characterize the IADC: the Annual Meeting and the Trial Academy. By a coincidence of timing, both occur within one month of each...

Don't let the terabyte you: new e-discovery amendments to the federal rules of civil procedure.
October 1, 2006... A TERABYTE is unit of measurement for data storage capacity that is roughly equivalent to 50,000 trees made into paper and printed; (1) it is 500 million typewritten pages of plain text; (2) it is enough words that it would take every adult in...

Defending the transactional legal malpractice case: trends and considerations for defense counsel.
October 1, 2006... LEGAL malpractice claims involving underlying business transactions present a unique set of circumstances to both insurers and defense counsel. Transactional claims may involve sophisticated, complex, and high risk agreements that are distinct...

The scope and use of the attorney-client privilege in the U.S. and its applicability to communications at home and abroad.
October 1, 2006... ALTHOUGH the attorney-client privilege has been described as, "one of the most revered of common law privileges," (1) recent developments have challenged the scope and use of the privilege, particularly concerning government investigations of...

Dying declarations in an ever-changing world: a peek into the implications of expansion.
October 1, 2006... "Of the doctrines that authorize the admission of special classes of hearsay, the doctrine relating to dying declarations is the most mystical in its theory and traditionally among the most arbitrary in its limitations." (1) ARE all...

Insurance law - Frank's Casing's effect on reimbursement of settlement and defense costs in Texas.
October 1, 2006... IMAGINE that you are a business owner. One of your employees badly injures himself while on your premises. He sues you for hundreds of thousands of dollars. Both parties enter into settlement negotiations. You thank your lucky stars that you...

Verbal abuse: Supreme Court slaps down discriminatory standard.
October 1, 2006... IADC member Eve B. Masinter is a partner at McGlinchey Stafford, PLLC, in New Orleans, Louisiana. Thomas L. Watson is an associate at the same firm. They both specialize in employment litigation. This article, which originally appeared in the...

Expanding the scope of judicial review of arbitration awards: speak clearly.
October 1, 2006... IADC member Frank J. Bailey is a partner in the Boston law firm of Sherin and Lodgen LLP where he is the chair of the Litigation Department and a member of the firm's Management Committee. He concentrates" his practice in the areas of business...

Reviewing the law reviews.(Bibliography)
October 1, 2006... Law Review Highlights: Jurisdiction and the Internet The pervasiveness of the Internet in daily life has challenged traditional views of considering jurisdictional issues in legal matters. Concepts of territorial borders have changed...