Litigation

Recent Developments: (A) The “Material Adverse Change” Clause (Part II); and (B) Changes to the Small Business Bankruptcy Debt Limit

Posted on April 5, 2022 by Neil E. McCullagh

"Duke Rules Package" Implementation: Revisions to the Federal Rules of Civil Procedure Four Months Later

Posted on March 22, 2016 by John M. Erbach

The Supreme Court adopted most of the “Duke Rules” effective December 2015. This article provides an update on how courts have applied FRCP changes

Why Businesses May Like the "Duke Rules Package" Part 4 of 4: The Outcome

Posted on June 1, 2015 by John M. Erbach

This article summarizes the rules from the "Duke Rules Package" that were ultimately adopted by the Supreme Court.

Why Businesses May Like the "Duke Rules Package" Part 3 of 4: A National "Rocket Docket?"

Posted on February 10, 2015 by John M. Erbach

This article examines how several of the "Duke" rule changes could speed up litigation, particularly in its earliest stages.

Why Businesses May Like the "Duke Rules Package": Clear Consequences for ESI Destruction

Posted on January 19, 2015 by John M. Erbach

This article discusses proposed amendments to Rule 37(e) governing electronically-stored information.

Why Businesses May Like the "Duke Rules Package"

Posted on January 12, 2015 by John M. Erbach

Significant changes to the Federal Rules of Civil Procedure expected in 2015.

Patent Law Continues to Unite an Otherwise Divided Supreme Court

Posted on June 6, 2014 by John M. Erbach

One area of law appears to unite both ends of the Court's political spectrum--patent law.