Litigation

  • Waiver of Attorney-Client Privilege and Work-Product Protection: Proposed New Federal Rule of Evidence Is under Consideration

    At its Sept. 18, 2007 meeting, the Judicial Conference of the United States approved a proposed new Federal Rule of Evidence regarding waiver of attorney-client privilege and work-product protection. Because Rule 502 is a rule dealing with privilege and because the Rule would govern state courts regarding certain issues, the Rule must be enacted directly by Congress. Accordingly, at press time, the Judicial Conference will now submit the Rule to Congress, which will vote 'yay or nay' by no later than December 2007. If Congress approves the new Rule 502, the Judicial Conference will transmit the Rule to the U.S. Supreme Court by Dec. 18, 2007, keeping it on the path to be enacted on Dec. 1, 2008.

    November 30, 2007Beth L. Kaufman and David Black

  • Survey Power

    Courts and lawyers should pay particular attention to survey findings such as there is 'no likelihood of confusion,' 'there is no likelihood of dilution,' and ensure that the power of the test is high to rely on such conclusions. Anytime a commissioned survey indicates 'no effect,' in addition to issues such as question clarity, randomness of the sample, and other methodological issues, there is the additional critical issue of statistical power.

    November 29, 2007Alex Simonson

  • Litigation

    A recent case of interest.

    November 27, 2007ALM Staff | Law Journal Newsletters |

  • A Novel Approach to Fee Collection

    Lawyers whose clients refuse to pay their fees routinely file lawsuits and win judgments against them. Attorney Ellen Marshall's disputes with a former divorce client, however, have been anything but routine. Then again, Warren Matthei is no ordinary client. Matthei, a millionaire stockbroker from Summit, NJ, spent nearly a decade in jail ' first for refusing to pay child support to his ex-wife, and later for refusing to pay Marshall's attorney fees.

    November 27, 2007Shannon P. Duffy

  • The Proposed APA Guidelines for Child Custody Evaluations

    The American Psychological Association (APA) has now proposed new guidelines for Child Custody Evaluations to replace those promulgated in 1994, which set 'aspirational goals' for those psychologists engaging in evaluations of children for divorcing families going through custodial litigation. Herein is a critique of the new guidelines from an attorney's point of view.

    November 27, 2007Lynne Z. Gold-Bikin

  • Voluntary Versus Mandatory Wellness Programs

    Last month, we discussed voluntary and incentive-based wellness programs, which are usually offered to employees on a voluntary basis, with various incentives often added to foster continued participation. We went on to discuss mandatory programs, which a minority of employers provide to encourage employees to get healthier by providing extensive health care services ' but that also require certain conduct, such as giving up alcohol and tobacco. This month, we continue with an in-depth discussion of the risks associated with mandatory programs.

    November 27, 2007David S. Baffa and Steven J. Pearlman

  • In the Courts

    Cases of interest to you and your practice.

    November 27, 2007ALM Staff | Law Journal Newsletters |

  • Court Ruling Spikes Internet Ministers, Highlights Legal Issue

    Family law attorneys are urging couples to steer clear of Internet-ordained ministers when seeking an officiate to perform their nuptials. Their warnings follow a recent Pennsylvania court decision in which a judge declared a marriage invalid because the couple had been married by an Internet-ordained minister. The court ruled that the officiate was unauthorized under state law to perform a wedding.

    November 27, 2007Tresa Baldas

  • e-Commerce Docket Sheet

    Recent cases in e-commerce law and in the e-commerce industry.

    November 26, 2007Julian S. Millstein, Edward A. Pisacreta and Jeffrey D. Neuburger