Litigation Law Articles

Articles written by attorneys and experts worldwide discussing legal aspects related to Litigation.

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Bilateral Arbitration Treaties: A Few “Bits” More and No “Buts” within the Portuguese Jurisdiction

  April 22, 2014     By BCH Lawyers
In his “Kiev Arbitration Days” after-dinner speech in November 2012 (“BITS, BATS and BUTS”), Gary Born presented a suggestion that can leave no one indifferent (speech published as “Essay” by Young Arbitration Review, March 2014 Edition). His idea is to take advantage of the legal framework and experiences gained from the world of investment arbitration and bring that framework and those experiences into international commercial arbitration.

New Study Shows that Testosterone May Have Negative Impact on Brain

  April 17, 2014     By Ankin Law Office, LLC
Testosterone has been linked to a number of serious side effects, including stroke and heart attack, and now a new study has found that the use of testosterone in certain men may have a negative impact on the brain.

Recognition of Foreign Judgments in Poland

  April 17, 2014     By Philips Law Office
The foreign judgment depending on its nature shall be a subject to different procedures with a view to its enforcement in Poland. In simple terms those judgments in general could be divided into three groups: property related, being a subject to execution by enforcement proceedings, non-property related (e.g., divorce and other judgments in family affairs) and inheritance.

Testosterone Lawsuits Go Before Judicial Executive Committee

  April 11, 2014     By Ankin Law Office, LLC
Testosterone lawsuits continue to mount against the makers of various testosterone supplements, and a Judicial Executive Committee was recently created to centralize at least 30 of those lawsuits which allege that testosterone caused heart attacks, strokes, and other injuries. The consolidated cases are pending before U.S. District Judge Matthew F. Kennelly in the Northern District of Illinois.

Mediation in Turkey: An Alternative Method for Dispute Resolution

  April 10, 2014     By Herdem Attorneys at Law
Mediation as an alternative dispute resolution has been regulated by European Union Directive 2008/52/EC providing the application of mediation for civil and commercial cases in the member states of the European Union ("EU"). In some of the Member States of the EU the mediation is recent and has been regulated short time ago by their national laws and mediation has been enacted by a separate law.

Dealing with Harassment from Debt Collectors

  April 7, 2014     By Roger G. Jain & Associates, P.C.
The Texas Debt Collection Act and the Federal Fair Debt Collection Practices Act prohibit debt collectors from taking certain actions when dealing with alleged debtors. They also provide remedies for people when collectors fail to comply with the statutes. This article is to help you determine whether a debt collector has violated the law and what you can do about it.

What Temp Workers Need to Know about Workplace Injuries

  April 4, 2014     By Ankin Law Office, LLC
If you are one of the millions of temp workers in this country, you may be unsure of your employment rights, including protections against discrimination, eligibility for workers’ compensation benefits, and wage and hour rights. Temporary workers can rest assured: while you may not have the same job security that full-time employees have, you do have a number of employment rights and protections.

The Dangers of Talc Powder for Women and Children

  April 4, 2014     By Ankin Law Office, LLC
Talc-based powders are used by many women as part of their personal hygiene routine and many parents use baby powder on their infants to prevent diaper rash. Despite the popularity of talc-based products, however, they present many dangers to women and children.

Settling Your Family Law Case When a Settlement Proposal Is in the Margin of Error

  April 2, 2014     By Stange Law Firm, PC
The decision on when to settle a family law case is a difficult one. This article suggests that the time in most circumstances to settle is when a settlement offer is within the margin of error.

Proposed Florida Laws Strip Medical Care Decisions Away from Doctors during Personal Injury Claims

  April 2, 2014     By Shapiro, Goldman, Babboni & Walsh
You could be forgiven for thinking messing around with health care coverage rules was the sole domain of democrats these days, but the new laws which will deeply interfere with the choices a doctor will make and options available for the seriously injured have sprung from the minds of two republican lawmakers.

Androderm Lawsuit Filed in California Court After Testosterone Therapy Linked to Cardiac Events

  March 31, 2014     By Cohen & Malad, LLP
Testosterone lawsuits are being filed across the United States against drug manufacturers like Eli Lilly and Watson Pharmaceuticals who make prescription testosterone. Men claim to have suffered heart attacks, strokes, and pulmonary embolisms after taking prescription testosterone drugs.

Limitation on Enforcement of Judgment Debts in Hong Kong

  March 25, 2014     By Angela Wang & Co.
Pursuant to section 4(4) of the Limitation Ordinance (Chapter 347) (“the Ordinance”), there is a time limit of 12 years for creditors to bring an action on a judgment debt from the date on which the judgment became enforceable. After expiration of the 12 years, no such action can be taken.

Enforcement of Foreign Awards in India

  March 19, 2014     By Rautray & Co.
The United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (“Convention”) has been ratified by India on 13.7.1960. Article VII of the New York Convention provides that the Geneva Protocol on Arbitration Clauses of 1923 and the Geneva Convention on the Execution of Foreign Arbitral Awards of 1927 ceases to have effect between the members of the New York Convention.

Oregon Stryker Hip Recall Claims

  March 18, 2014     By Wm. Keith Dozier, LLC
Information on Stryker hip implant recalls and asserting claims in Oregon.

Should Testosterone Products Contain a Heart Attack Warning on Labels?

  March 18, 2014     By Ankin Law Office, LLC
In light of recent data indicating that testosterone is dangerous for many men, Public Citizen – a public advocacy group – is calling on the U.S. Food and Drug Administration (FDA) to require black box warnings about heart attack and stroke risks to be included on the labels of testosterone products.

What Women Need to Know About Talc Body Powders

  March 18, 2014     By Ankin Law Office, LLC
Many women use talc-based body power as part of their personal hygiene routine, and they may be putting their health at risk as a result. In a recent study, researchers examined data collected from eight separate studies and found that women who regularly use talcum powder in the genital region increase their risk of ovarian cancer by 24 percent.

What Is the Difference between Personal Injury and Wrongful Death Lawsuit?

  March 12, 2014     By Ankin Law Office, LLC
Accident and injury victims often wonder about their legal rights after an accident. Depending on the circumstances of the accident, the defendant(s) may be liable for money damages in either a personal injury or wrongful death lawsuit. Clients often have a number of questions about the differences between a personal injury lawsuit and a wrongful death lawsuit, and this article explains some of the major similarities and differences.

How Does Malaysian Law Deal With Acts of Piracy at Sea?

  March 12, 2014     By Brijnandan Singh Bhar & Co
Piracy is a prevailing problem with no reasonable solution in sight. How safe is your ship or consignment passing through the seas surrounding Malaysia and what laws apply to this region?

Federal Whistleblower Complaints Can Be Filed Online

  March 10, 2014     By The Evans Law Firm
Whistleblowers are now able to file certain complaints online. Whistleblower complaints that are overseen by OSHA can be filed online.

Democratic Republic of Congo: Adoption of New Legislation for Better Industrial Environment

  March 10, 2014     By Emery Mukendi Wafwana & Associes
Adoption of a new legislation for a better industrial environment in the DRC: bill on the rescue of the industry in danger.

Nevada State Athletic Commission Bans Testosterone Replacement Therapy from Combat Sports

  March 8, 2014     By Ankin Law Office, LLC
The Nevada State Athletic Commission (NSAC) has banned testosterone-replacement therapy from combat sports, including boxing and mixed martial arts. The decision was made based on evidence that testosterone unnaturally increases the athlete’s competitive abilities and that it is not a necessary medical treatment for many of its users.

Business Rescue in the New Companies Act of 2008

  March 7, 2014     By Emery Mukendi Wafwana & Associes
The New Companies Act No. 71 of 2008 replaced the old Companies in May 2011. Pursuant to the Amendment of the Old Companies Act, Chapter 6 of the new Companies Act introduces the Business Rescue Procedure (BRP). Business Rescue is a procedure that facilitates the rehabilitation and restructuring of a company that is undergoing financial difficulties. The business rescue procedure aims to maximise the possibility of the business to remain solvent.

Review of The Owner/Design Professional Agreement from The Design Professional's Perspective

  March 3, 2014     By Pohl & Short, P.A.
This article reviews some of the issues addressed in a standard Owner/Design Professional Agreement, outlines concerns from the Design Professional’s perspective, and discusses how the Design Professional can reduce liability on a project and ensure equitable adjustments to the contract price and schedule for changed or additional design services. The agreement contemplated by this article is one to be used as part of a traditional design-bid-build approach.

Talc and Other Dangerous Personal Care Products

  February 26, 2014     By Ankin Law Office, LLC
The cosmetic and personal hygiene industry is a multi-billion dollar industry. The United States cosmetic industry alone is the largest in the world, with total revenue in excess of $54 billion. Unfortunately, not all cosmetic and personal care products are safe for use and some are even linked to serious medical conditions – yet they remain on store shelves. Some of the most dangerous personal care products on the market today are talc-based products.

Johnson & Johnson Found Liable in Baby Powder Lawsuit

  February 26, 2014     By Ankin Law Office, LLC
Talc is used in a number of cosmetic and personal hygiene products, such as baby powder and feminine body powders. But new evidence and a recent lawsuit suggested that, despite its widespread use, talcum powder could be incredibly dangerous.

HK New Companies Ordinance : Changes to Directors’ Duties

  February 25, 2014     By Angela Wang & Co.
The entirely new Companies Ordinance (Cap 622) (“New CO”) will come into force on 3 March 2014. We highlight the New CO’s major changes relating to registration of charges and private limited companies.

The Hidden Risks of Talcum Powder

  February 25, 2014     By Ankin Law Office, LLC
Talcum powder – which is commonly referred to as baby powder or body powder – is a widespread cosmetic and personal hygiene product that has a number of uses. Talcum powder is made from a soft mineral called hydrous magnesium silicate, which is crushed, dried, and then milled. Talcum powder works by absorbing moisture and reducing friction, thereby protecting the skin.

Elder Abuse Hurts Families

  February 24, 2014     By The Evans Law Firm
The cycle of violence is hard to break. Problems can occur when a child that was abused becomes the caregiver for the parent that did the abusing. Elder abuse can be the result when a child that was abused is forced to take care of a parent later in life.

Various Means of Reducing Legal Counsel Fees in M&A Projects

  February 21, 2014     By Egorov, Mazavina, Petrov and Partners
Legal counsel fees are usually one of the most wishful targets for reduction by industrial clients. However, not all the clients know how effectively reduce legal fees without loosing appropriate level of comfort and quality of legal services. This article sets out available means of reduction legal counsel fees.

New Administrative Courts in Albania

  February 20, 2014     By LPA Law Firm Albania
Since May 2012 , the Albania Parliament adopted the law on the establishment and functioning of Administrative Courts in all three levels of the judiciary , including the Administrative College of Supreme Court .

Testosterone Shown to Cause Stroke and Heart Attacks

  February 19, 2014     By Ankin Law Office, LLC
Testosterone therapy is used by a number of men believed to have low testosterone levels. Although low testosterone can cause fatigue, decreased libido, and muscle and bone loss, testosterone is sometimes prescribed unnecessarily – which can lead to serious side effects and medical conditions.

Were You Injured After Taking Testosterone Supplements?

  February 19, 2014     By Ankin Law Office, LLC
Testosterone therapy has been linked to a number of serious side effects, including heart attack, stroke, and even death. For men under the age of 65 with a history of heart disease, the risk of heart attack nearly triples when taking testosterone supplements and doubles for men over the age of 65 even if they have no history of heart disease.

Liability for Testosterone and Other Unsafe Pharmaceuticals

  February 19, 2014     By Ankin Law Office, LLC
The use of testosterone replacement therapy has increased exponentially in recent years. In fact, the Washington Post reports that the number of men starting testosterone therapy has almost quadrupled in the United States since 2000. But new data has also come to light indicating that the use of testosterone therapy can be dangerous, particularly to men over the age of 65 and men with a history of heart disease.

Serving Judicial Documents in China

  February 18, 2014     By WiseLink Law Firm Shanghai
Giving legal notice to a defendant in a court proceeding is an important part of many civil and commercial lawsuits. Here is some guidance on the different ways judicial documents can be served on a party of a court proceeding in China.

Six California Residents Arrested For Financial Elder Abuse Scams

  February 17, 2014     By The Evans Law Firm
Six California residents have been arrested for scams that targeted senior citizens. The suspects were arrested in southern California.

Should I Sue for my Auto Accident Injuries?

  February 11, 2014     By Ankin Law Office, LLC
If you were injured in a car accident, you may be facing mounting medical bills and be unable to work. In addition to the physical pain that you are in, you may also be angry and confused about what to do next. Many car accident victims wonder if they should accept an insurance settlement or pursue legal action by filing a personal injury lawsuit.

Do Electronic Medical Records Impact Medical Malpractice Lawsuits?

  February 11, 2014     By Ankin Law Office, LLC
According to some experts, research shows that electronic health records “improve quality and safety and, as a result, prevent adverse events and reduce the risk of malpractice claims.”

Disagreement About Handling of California Caregiver Abuse Cases

  February 10, 2014     By The Evans Law Firm
Long -term care advocates and officials disagreed at a recent Assembly hearing.

Fair Use in Trademarks

  February 3, 2014     By IP Law Click, PC
Unlike copyrights, the defense of fair use in trademark law is relatively new and not as developed.

Los Angeles Assisted Living Facility Held Responsible for Injuries of Resident

  February 3, 2014     By The Evans Law Firm
A Los Angeles County assisted living facility has been ordered by a judge to pay a woman who was injured by a fall.

Incorporating IBA Guidelines Into A “Code of Ethics”: A Step Too Far?

  February 1, 2014     By BCH Lawyers
The Board of Directors of the “ACL Arbitration Centre” (the Arbitration Centre of the “Portuguese Chamber of Commerce and Industry – Lisbon Commercial Association”) recently approved a new set of rules for arbitration proceedings administrated under its auspices.

Shelby County v. Holder and the Constitutionality of Section 4 of the Voting Rights Act

  January 31, 2014     By Kassouni Law
Appeals Lawyers Analyze Shelby County v. Holder and the Constitutionality of Section 4 of the Voting Rights Act.

An Overview of Arbitration Procedure and Practice in Malaysia

  January 31, 2014     By Brijnandan Singh Bhar & Co
A basic insight into Arbitration practices and procedures and how Malaysia is slowly yet steadily following international guidelines on Arbitration.

Health Care Industry the Target in Whistleblower Lawsuits

  January 27, 2014     By The Evans Law Firm
The United States Department of Justice has provided the public with some information regarding recent whistleblower cases. In one of the cases there have been allegations made against Health Management Associates.

Scammers Offering Free Initial Services Target Seniors for Financial Elder Abuse

  January 27, 2014     By The Evans Law Firm
In California, senior citizens have been a target for con-artists and scammers. A recent scam has affected seniors in the state and officials want the public to be aware of the scam. This scam has been called the "free inspection scam."


  January 26, 2014     By BCH Lawyers
Decide promptly, but never give any reasons. Your decisions may be right, but your reasons are sure to be wrong. -William Murray, 1st Earl of Mansfield

Asymmetrical Arbitration Clauses Under the Portuguese Law

  January 26, 2014     By BCH Lawyers
An asymmetrical, unilateral or non-mutual arbitration clause may be grossly defined as the one that grants one party to an agreement the right to select either arbitration or litigation as a means to resolve disputes arising from the underlying agreement, yet denies that right to the other party.

California Cities Can’t Avoid Constitutional Liability for A Taking by Dissolving their Redevelopment Agencies

  January 22, 2014     By Kassouni Law
For years local redevelopment agencies were the bane of private property rights in California. Until recently these agencies were clothed with the power to seize private homes through eminent domain and then give that property to private developers like Costco or Wal-Mart, all in the name of community development.

$48 Million Settlement in Medicare Fraud Case

  January 20, 2014     By The Evans Law Firm
A California based nursing home operator has agreed to pay $48 million dollars in a settlement related to two whistleblower lawsuits.

Alternate remedy to the Hague Convention on the Taking of Evidence & Pre-trial Discovery

  January 2, 2014     By Rautray & Co.
Notwithstanding the earlier request to the Central Authority it is open to either party to request the judicial authority of the contracting state to issue a fresh letter of request for taking evidence directly to the High Court of the State in which the witness resides or carries on its business. The fresh letter of request addressed to the concerned High Court of the Indian State would be executable under the provisions of the Code of Civil Procedure, 1908 (‘Code’).

What is Physician-Patient Privilege and Why is It Important?

  December 23, 2013     By
Most of us have probably heard or been told that anything we tell our doctor is confidential. While this may be reassuring, it may have left you wondering why it was true and what the reason for that confidentiality was? How far does it extend? Would it hold up in court?

What New Bankruptcy Rules Came Into Effect in 2013?

  December 21, 2013     By
Nearly every year, the rules of procedure for various types of courts change. Bankruptcy courts are no exception. Bankruptcy courts are governed by the Federal Rules of Bankruptcy Procedure. Often these changes are relatively small and technical, and only of interest to bankruptcy attorneys, but this year the rules changes primarily affect cases filed by individuals. So, what new bankruptcy rules came into effect on December 1, 2013?

How Do I Sue the Person Suing Me?

  December 17, 2013     By
Once embroiled in a lawsuit, one can often feel powerless, angry, abused, and confused. Indeed, many feel as though they did nothing wrong but that the other party – the one suing them – did. In that situation, it may be possible to actually sue the person who brought the original lawsuit. But how does one do that and what are the limitations?

What is Parol Evidence?

  December 15, 2013     By
One of the most confusing concepts to many lay people involved in legal disputes over a contract is the idea of parol evidence. It seems incomprehensible that one should not be able to rely on this evidence to explain what they expected to happen, yet it serves a purpose in the American legal system. So, what is parol evidence and why does it matter?

Dispute Resolution Forum Selection Uncertain with Arbitration Commission Secession - China

  December 13, 2013     By Pamir Law Group
The Shanghai branch of the China International Economic and Trade Arbitration Commission (CIETAC) recently split from CIETAC after the launch of its 2012 arbitration rules. The Shanghai branch (Shanghai CIETAC) declared itself an independent adjudication body with its own arbitration rules and its own panel of arbitrators. However, CIETAC denies the validity of the secession.

Experts Say Medical Practice Corrupted by Pharmaceutical Industry

  December 10, 2013     By Baum, Hedlund, Aristei & Goldman, P.C.
We would like to think the medications prescribed to us by doctors have been proven safe and effective in careful scientific research, and approved by regulatory bodies that reviewed the evidence with public safety as their primary concern. However, a growing number of very well respected authorities are now suggesting that assumption is far from the truth.

Petition Seeks to Protect Consumers’ Right to Access Data from Drug Studies

  December 10, 2013     By Baum, Hedlund, Aristei & Goldman, P.C.
December 9, 2013 A battle is currently underway that will determine whether drug makers can hide data about the safety and effectiveness of the drugs they sell or whether they will be required to release this critical information to the public.

Securities and Exchange Commission Saved $439 Million For Whistleblower Rewards

  December 9, 2013     By The Evans Law Firm
The Securities and Exchange Commission has saved money to spend on it's whistleblower rewards program. It is likely that there will be larger rewards in the future as tips have increased recently.

What is Hearsay?

  December 7, 2013     By
Easily, one of the most complicated subjects for law students to grasp and one of the most commonly misused terms in the English language is hearsay. Many incorrectly use it to refer to something that is speculation or rumor. What is hearsay? Is it admissible in court? Are there exceptions?

Is a Polygraph Test Admissible as Evidence?

  December 7, 2013     By
Have you ever wondered why, in a system of justice that relies so heavily upon people telling the truth, every witness is not strapped to a polygraph machine (i.e., a lie detector)? It is a logical question that leads to others about how interrogations and investigations are conducted when polygraphs are used. So, is a polygraph test admissible as evidence?

Why Does a Lawsuit Take So Long?

  December 7, 2013     By
One of the most common questions attorneys get while representing a client is “when will this case be over?” This is an obvious question given that the attorney probably costs money, the lawsuit takes time and energy, and living with worries about the outcome of the case can be a constant source of stress. Still, lawsuits take time, and parties who expect a case to be over in a few weeks are usually disappointed. So, why does a lawsuit take so long?

Who's Who and What's What in the Courtroom

  December 5, 2013     By
Going to court can be a stressful experience, especially if you have never been. Aside from the fears of what may be at stake or concerns about a new social setting, many are scared of embarrassing themselves by not knowing who does what, what things are called, etc. There are actually a number of traditional rules, terms, and procedures many are unaware of, and though not usually that important for the lay person, knowing what they are could be useful in putting one's mind at ease.

Common Tricks Attorneys Play in Civil Litigation

  November 26, 2013     By
For young attorneys, those who do not go to court often, or pro se litigatnts (those representing themselves), running up against an experienced litigation and trial attorney can be a stressful experience. Regardless of how much merit your case may have, a good litigator can derail your case, even before trial, using a few procedural tricks. Following are a few of them, how you can use them like an expert litigator, and things you can do to fight back.

What is a Standard of Review in an Appeal?

  November 24, 2013     By
Sometimes, after one finishes the trial, the case is still not over. One side or the other (or sometimes both) may feel that the court made an error in either allowing or preventing something to be shown in court, applying the law, or in some procedural matter. When one files the appeal, they are asked to describe which standard of review they believe will apply to the higher court's review of the case. So what is a standard of review and why does it matter?

Sutter Health Settles Whistleblower Case for $46 Million

  November 22, 2013     By The Evans Law Firm
Sutter Health decided to settle a whistleblower case before trial. The case involved allegations of double billing for anesthesia services at hospitals in California.

Methods of Service of Process

  November 14, 2013     By Markell & Associates, Inc.
Service of process must be done accurately and according to the rules of each jurisdiction. Generally, three methods of process are permitted: personal service, substituted service, and service by publication. Personal service, or hand delivery, is always preferred as it is seen to be most accurate. Substituted service is allowed when the defendant is unable to be contacted in-person. Service by publication is only used as a last resort, as it is quite unreliable.

Whistleblowers Programs Could Help Regain Funds From Tax Dodgers

  November 11, 2013     By The Evans Law Firm
According to the California Franchise Tax Board, the state is owed more than 6.5 billion dollars in tax revenue. Some contend that implementation of a whistleblower rewards program could help to bring in some of that lost revenue.

Patients Abandoned By Caregivers at Castro Valley Assisted Living Facility

  November 11, 2013     By The Evans Law Firm
A Castro Valley assisted living facility was shut down by state social services last month. Patients were left with minimal staff to attend to their needs.

Whistleblower Comes Forward to Talk About Experience at SunFirst Bank

  November 8, 2013     By The Evans Law Firm
A whistleblower recently spoke at a conference in Las Vegas to discuss her experiences. She was the compliance officer at a bank where gambling funds were processed. She cooperated with federal regulators and exposed the illegal operations at the bank.

Identifying and Preventing Elder Abuse

  November 4, 2013     By The Evans Law Firm
Senior citizens across the nation are being taken advantage of. Physical elder abuse and financial elder abuse have become commonplace.

The Many Benefits of Mediation

  November 4, 2013     By Peter Loyd Weber & Associates, LLC
This article details the benefits of mediation versus a trial or hearing in a divorce or child custody dispute. Divorce and child custody disputes can be emotionally and financially draining. Mediation can help all parties involved settle disputes through a neutral party, a mediator, often at a lower cost with mutually beneficial results.

How to Avoid Predatory Lending

  October 31, 2013     By Elayne M. Perez, PA
Predatory lending encompasses a wide range of deceptive and unfair practices. Learn how you can avoid the lending scams that will put your home at risk of foreclosure.

When to Negotiate and When to Litigate

  October 31, 2013     By
One of the most challenging decisions parties often face in a legal proceeding is knowing when to negotiate and when to litigate. Should they slug it out until the bitter end to get that huge judgment they think they will win, or should they be trying to resolve the dispute, avoid expense, and work things out? Or, are they coming to the table too soon? Is it going to be seen as a sign of weakness?

I Won My Lawsuit, Now How Do I Collect?

  October 23, 2013     By
So, you have won your lawsuit, but the other side has not simply cut you a check. What do you do? How can you go about collecting your judgment? These are a few tips to help you with the collections process:

How Do I Get the Other Side to Pay My Attorney Fees if I Win a Lawsuit?

  October 23, 2013     By
It is one of the most common questions attorneys receive: how does one sue to get back their attorney fees in a lawsuit? Whether a family law case, a contract dispute, or a tort action, many believe they are entitled to recover their attorney fees from the other party if they win. But, is it that simple?

How Binding and Mandatory is Arbitration?

  October 22, 2013     By
The phrase “mandatory binding arbitration” sounds very final, but what does it really mean? How binding is an arbitration proceeding? Can one appeal an improper ruling? Can one avoid arbitration all together?

How Effective Is Mediation in Child Custody Disputes?

  October 19, 2013     By
Disputes over child custody can be among the most heated. After all, the stakes are incredibly high when the issue of being able to see your own children is on the line. As a result, it may seem like the prospect of ever reaching an agreement with your child's other parent is highly unlikely, but mediation can often lead to surprisingly positive results.

Lack Of Complete Diversity Of Citizenship Of Members Of Equine LLCs Requires Dismissal Of Federal Action

  October 17, 2013     By Ira A. Finkelstein, P.C.
The issue of diversity of citizenship is of particular interest to equine ownership and contract disputes, because many equine-related entities are organized as limited liability companies (LLCs). The citizenship of LLCs is subject to a different rule than the citizenship of corporations, a distinction that may escape the attention of attorneys.

Can I File a Lawsuit Without a Lawyer

  October 8, 2013     By
Often, people may have viable bases for lawsuits but fear that they are not allowed to file their claim without a lawyer. As a result, concerns over paying attorney fees may keep some from following through with their claims, meaning that the legal wrong may go unaddressed and the person who was wronged may go uncompensated. But, it is possible to file a lawsuit without a lawyer. This article will tell you how.

What is an Attorney-Client Privilege

  October 8, 2013     By
Whenever someone hires an attorney, an attorney-client relationship is formed, and a privilege is created. But what is the attorney-client privilege? What makes the relationship between a lawyer and a client different from other professional relationships?

What is Mediation?

  October 7, 2013     By
Mediation, a form of alternative dispute resolution (ADR). In mediation, a neutral third party called a “mediator” tries to facilitate negotiations between two or more adverse parties.

Understanding E-Discovery

  October 1, 2013     By
Few changes to the rules of procedure have been as groundbreaking as those pertaining to discovery of electronically stored media, or e-discovery. Although e-discovery has been slow to make much impact on some areas of legal practice, its effects on litigation are beginning to spread to even the most simple of cases, requiring more and more people to form at least a basic understanding of what it is, how it works, and what their obligations could be in a lawsuit.

Challenging an Arbitration - UAE

  October 1, 2013     By Al Rowaad Advocates & Legal Consultancy
It is common for the unsuccessful party to argue against the enforcement of an arbitration award on the ground that the arbitration was invalid, because the person who signed the contract was not authorized to agree an arbitration clause.

Enforcing Arbitration Awards - UAE

  September 28, 2013     By Al Rowaad Advocates & Legal Consultancy
Therefore, parties wanting to enforce an award under the New York Convention must satisfy the requirements of the UAE Civil Code. In practice, enforcing arbitration awards can be a lengthy and unpredictable process.

Fraud Claims in Business Transaction Litigation - Canada

  September 27, 2013     By Ellyn Law LLP
Fraud in business transactions is on the rise in the province of Ontario, Canada. Litigating business transaction claims involving fraud requires an understanding of complex aspects of legal procedure, contract and tort law. Igor Ellyn, QC, a senior Toronto litigation counsel, provides useful details on this topic.

Not Every Case is Made the Same; New Jersey Dispute Settled for One Dollar

  September 26, 2013     By
Most lawsuits settle rather than going all the way to judgment. In fact, the vast majority (often estimated around 90%) of all cases will settle before a trial, and a substantial number of those remaining cases will settle before the verdict is returned.

Zimmerman Court Woes Continue: Amid Divorce, George Cannot Be Found for Service

  September 25, 2013     By
In any civil action, including divorces, both parties must have notice of the case. This is accomplished through service of process. While this can take many forms, some form of service must occur or the case cannot move forward and a judgment either will not be entered against that party or could be easily vacated.

Terms of References - UAE

  September 24, 2013     By Al Rowaad Advocates & Legal Consultancy
As per the arbitration rules and as per the civil rules in the UAE, the arbitration rules shall be governed by the Terms of Reference. Terms of Reference is a document used within international arbitration law.

Debate Over Corporate Funding of Contraception May Go to US Supreme Court

  September 20, 2013     By
A provision of the Affordable Care Act (also frequently referred to as “Obamacare”) requries that corporations of 50 or more employees must issue FDA-approved contraceptives as part of their health plan. However, a legal advocacy group has announced that it will ask the US Supreme Court to take up a Michigan manufacturing company’s challenge to the requirement.

How to Bring Litigation by a Foreign Company in China?

  September 18, 2013     By WiseLink Law Firm Shanghai
Some explanation and guidance on how to bring litigation in China, especially for foreign companies and corporates.

Appointing Arbitrators - UAE

  September 17, 2013     By Al Rowaad Advocates & Legal Consultancy
An arbitrator can be appointed; directly by name (this is not the common method used), through the Court or through the Arbitration center. If you agree for the Court or Arbitration center to appoint an Arbitrator you need to make an application.

Encrypted Email Service Begins Appeal of Surveillance Order in Wake of Revelation of Government Surveillance

  September 13, 2013     By
Lavabit, a company that offers encrypted email services to its customers, has formally appealed the secret surveillance order that led it to close its business last month, but the case was immediately placed under seal in the 4th Circuit Court of Appeals.

When Public Services Fail How Do You Get Relief?

  September 13, 2013     By
We have all heard the saying that you cannot fight city hall. But, what do you do when a public service like electricity, water, sewage, or trash pick up breaks down and nobody does anything to fix it? Who do you pursue and how?

Rise of Arbitration - UAE

  September 9, 2013     By Al Rowaad Advocates & Legal Consultancy
The UAE has rapidly emerged as a leading financial center, attracting large global investors and businesses, and as international developers and contractors continue to invest in construction projects, there has been an increasing trend in the use of arbitration in Dubai.

What is a Mass Tort and Why Does It Matter to Me?

  September 8, 2013     By
A tort is a civil (as opposed to a criminal) wrong committed by a person or company that results in some sort of harm to another, whether physical injury, emotional distress, or financial loss or property damage. The person or entity that commits the tort is called a “tortfeasor,” and is legally responsible for the harm their wrong causes to the victim(s).

Enforcement of a Foreign (Poland) Judgment in Turkey - Is It Possible to Enforce Polish Judgments in Turkey?

  September 6, 2013     By Cindemir Law Office
This article aims at explaining enforcement of foreign judgments obtained from Courts of Poland in Turkey. It explains the procedure of implementation of Polish Decrees/Decisions in Poland based on judicial and legal cooperation agreement which enables reciprocity between Turkey and Poland as a core treaty. It also touches arbitral awards enforcement which are given by Polish Courts.

The Overview of the Russian Civil Law Reform 2013

  September 5, 2013     By MTIT Legal Company
In the year 2013 the important reform of civil law was performed in the Russian Federation. The reform was performed in 3 steps by passing the laws amending the Russian Civil Code within the year 2013. This overview provides a list of most important amendments which came or will come into legal force in 2013.

Suggestions for Those About to Take Part in a Deposition

  September 4, 2013     By
The purpose of a discovery deposition is for an attorney or a party in a case to find out as much as they can about the facts of a law suit. If you are a party to the case, you will likely have a good idea of what to expect, ideally through the advice of your attorney. But, if you are either unrepresented or not a party to a case, this guide should help you understand how to behave, what is at stake, and what your obligations are.

Enforcement of a Foreign Judgment in Turkey - Is It Possible to Enforce Chinese Judgments in Turkey?

  September 4, 2013     By Cindemir Law Office
This article aims at explaining enforcement of foreign judgments obtained from Courts of China in Turkey. It explains the procedure of implementation of Chinese Decrees/Decisions in Turkey based on judicial and legal cooperation agreement which enables reciprocity between Turkey and China as a core treaty. It also touches arbitral awards enforcement which are given by Chinese Courts.

Protect Your Assets From Judgment

  September 2, 2013     By
If you have already been sued, it is probably too late to do anything to protect your assets. But, if you are a planner and looking to protect your assets before you have a problem, this article is for you.