Litigation Law Articles

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

Find a Law Firm:

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, Inc.
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, Inc.
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, Inc.
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, Inc.
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, Inc.
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.

Tips for Negotiating and Mediating

  September 1, 2013     By
At some point, we all have a negotiation. In the legal setting, this often occurs when negotiating during a mediation, but you probably also have negotiations in many other settings, as well, like when buying a car, interviewing for a job, or working out the terms of a home loan. Since negotiating is a necessary skill for everyone's life, it is a good idea to understand a few tips to give you the advantage for getting what you want.

How Appeals Work

  September 1, 2013     By
So, something has gone wrong in your trial and now you need to take an appeal. Or maybe the other side was unhappy with the outcome and they are taking the appeal, leaving you to make a response. An understanding of the appeal process and what it really means to take an appeal can be crucial to your success at this point in your legal dispute.

What is a Class Action?

  August 30, 2013     By
We have probably all received one of those notices in the mail advising us that we are part of a class action lawsuit. Maybe it requires some sort of registration or maybe you do not have to do anything. A few months or years later you receive a small check and never hear anything else about it. What was that? Did you do the right thing? Could you have gotten more money? It is really not as scary or complicated as it might seem.

Arbitration Versus Mediation

  August 29, 2013     By
Many have heard the term “alternative dispute resolution” associated with both arbitration and mediation, but may not have understood the difference. Indeed, many use the terms interchangeably even though they are very different procedures.

The International Comparative Legal Guide to: Shipping Law 2013

  August 27, 2013     By Lex Marine Law Office
This article provides corporate counsel and international practitioners with a comprehensive legal analysis of shipping law and regulations in Ukraine.

Private Video Recordings Potentially Evidence in Civil Proceedings - Germany

  August 27, 2013     By GRP Rainer LLP
Private video recordings can potentially serve as evidence in civil proceedings, according to the Local Court of Munich (AG) in its judgment of June 6, 2013 (Az.: 343 C 4445/13).

What Can You Do When Someone Commits Perjury?

  August 19, 2013     By
Anyone who has ever had to rely on the testimony of others, whether in a criminal, civil, or administrative proceeding, has probably felt the cold knife of panic and disgust slice through their gut as someone testified in a manner they considered untruthful. Of course, many people can have many different interpretations of the same event, including some that seem wildly different than your recollection, simply because they had a different perspective.

What is Discovery in a Civil Case?

  August 17, 2013     By
Discovery is the pre-trial phase in a lawsuit in which each party investigates the facts of a case, through the rules of civil procedure, by obtaining evidence from the opposing party and others by means of discovery devices including requests for answers to interrogatories, requests for production of documents and things, requests for admissions, and depositions.

Arbitration in Uzbekistan: Key Things to Know

  July 18, 2013     By Legalmax Law firm
The judicial system of Uzbekistan consists of the Constitutional Court, courts of general jurisdiction for civil and criminal cases, economic courts, and military courts. The main act regulating and establishing the procedure for organization and activity of courts is the Law on Courts (new edition) dated December 14, 2000.

Interpretation of Disputed Contracts in Dutch Law

  July 16, 2013     By AMS Advocaten
When parties are in conflict about the interpretation of a contract, lawyers and judges in the Netherlands will firstly apply the Haviltex criterium (named after case law with the same name). According to this famous criterium not only the literal interpretation of the wording of a contract is relevant but also are the underlying intentions of the parties and what they may expect from each other.

Accession of the DRC to the New York Convention on Arbitration

  July 11, 2013     By Emery Mukendi Wafwana & Associates
After its adoption by the National Assembly and the Senate of the Democratic Republic of the Congo ("DRC"), the President of the Republic promulgated on June 26, 2013 the Law No. 13/023 authorizing the accession of the DRC to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards signed in New York, on June 10th, 1958 (the "Convention").

Suzhou Court Refuses to Enforce Arbitral Award Rendered by CIETAC Shanghai (Also Known as SHIAC)

  July 9, 2013     By WiseLink Law Firm Shanghai
As the CIETAC Shanghai and CIETAC Shenzhen have respectively declared to become a independent arbitration commission breaking away from the CIETAC Beijing. The effect to the contract with a arbitration term and potential disputes involving the CIETAC can be seen from recent judgments.

The Ghost Rider Returns - In a Copyright Work For Hire Trial

  July 8, 2013     By The Harrison Firm, PC
A fan of comic books and motorcycle gang movies, in the 1950s Gary Friedrich began to imagine a motorcycle-riding superhero. The hero developed into a motorcycle stuntman when Evel Knievel rose to popularity in the late-1960s and in 1968 Friedrich gave his hero a flaming skull for a head. He then fleshed out a story for this hero.

Flood Preparedness Safety Checklist

  July 2, 2013     By Panter, Panter & Sampedro, P.A.
Did you know that floods are the number one most common natural disaster in the United States? Here are some tips to stay safe before, during and after flood storms.

Medical Malpractice Myths: Separating Fact From Fiction

  July 2, 2013     By Silvers, Langsam & Weitzman, PC
A recent study found that large medical malpractice payouts make up less than 1 percent of all medical payments in the U.S.

Antidepressants and Pregnancy Birth Defects

  July 2, 2013     By Silvers, Langsam & Weitzman, PC
Plaintiffs in lawsuits against Zoloft claim that Zoloft did not do enough to warn pregnant women of the risks of taking Zoloft during pregnancy and that their infants suffered serious injury and birth defects.

Consumers Can Fight Back against Mislabeling by Food Companies

  July 1, 2013     By Freidin, Dobrinsky, Brown & Rosenblum, PA
It is a fraud on consumers to create labels that do not accurately reflect the ingredients in a food item, including using “evaporated cane juice” to denote sugar content that is really no different than refined white sugar.

Even in an LLC or Corporation, You Are Personally Responsible for Your Business Debt

  June 30, 2013     By Boling Rice LLC
Starting a new company or planning on becoming a partner in a new company? Your personal assets are not as protect as you may think. Before starting that new company or joining a partnership, read on to learn how to protect yourself from personal asset exposure now and when you exit the company.

IP Litigation: Are Oracle and Google Paying for Good Press?

  June 25, 2013     By Sheldon Mak & Anderson PC
U.S. District Judge William Alsup continues to be a trailblazer when it comes to intellectual property litigation. He has asked Google and Oracle to supply a list of all of the journalists and bloggers on their payrolls.

Arbitration Is Usually Better for Business

  June 16, 2013     By Thomas R. Spencer, PA
Under most circumstances, Arbitration is a better dispute settlement process.

What Happens to a Married Couple's House During Divorce?

  June 10, 2013     By Claery & Green LLP
Interest rates are at historic lows and divorcing couples and people in general are buying and selling homes in increasing numbers. This exasperates the already common question - "What happens to a couple's home during their divorce?"

Rejection of Haircut Appeals by the Supreme Court of Cyprus

  June 10, 2013     By Michael Chambers & Co. LLC
The Supreme Court on Friday, 7 of March, delivered its long-awaited decision with regard to the appeals lodged by Laiki’s and BoC’s depositors who lost part of their money in the €10 billion bail-in plan for Cyprus. More than 3.000 appeals of uninsured depositors were filed before the Supreme Court requesting the decision to be revoked.

Preparing for Cross-Examination and Discovery in Ontario Lawsuits: Tips, Pointers and Best Practices

  June 8, 2013     By Ellyn Law LLP
These tips, pointers and information are intended for persons who must attend for cross-examination or examination for discovery in a civil proceeding in Ontario. There are some procedural differences between cross-examination and discovery but generally, preparation for the examination is the same.

Settle International Trade Disputes in China

  June 2, 2013     By Yingke Law Firm
The article introduces the procedure to settle the international trade disputes in China.

Using Financial Expert Witnesses in Business Litigation

  May 31, 2013     By Ellyn Law LLP
In business litigation, the quality, independence and acceptability of the expert evidence can make or break the case. This article discusses the law of Canada affecting the use of financial experts and best practices to make their evidence most effective. This presentation was prepared for a legal conference which took place in Toronto on May 30, 2013. The contents are not legal advice. Please contact the authors if you have any questions.

Legal Advice on the Arbitration Clause After Separation of CIETAC Shanghai and South China from CIETAC Beijing

  May 15, 2013     By WiseLink Law Firm Shanghai
The separation of CIETAC Shanghai and CIETAC South China from CIETAC Beijing has made a great noise, causing some confusion and legal issues about the arbitration clause. The author intents to briefly clarify it in this article.

Amended Civil Procedure Law Provides Better Protection for PRC Litigants

  May 14, 2013     By Angela Wang & Co.
The National People’s Congress adopted the revised PRC Civil Procedures Law (“New CPL”) on 31 August 2012, which law came into effect on 1 January 2013.

Contracts (Rights of Third Parties) Bill in Hong Kong

  May 14, 2013     By Angela Wang & Co.
It has been argued that strict adherence to the doctrine of privity of contract produces unfair results. In many cases, the Court resorted to principles such as agency and trust to circumvent the doctrine of privity of contract.

A Quiet Danger: Three Common Types of Nursery Product Defects

  May 2, 2013     By Tolmage, Peskin, Harris, Falick
The CPSC reports that on average, 114 children die from nursery product injuries each year. This article examines the three types of product defects, as well as the victim’s and family’s rights after an accident.

Discovering Evidence in Criminal Cases

  April 30, 2013     By Patrick S. Fragel, Attorney at Law, PC
Every criminal defense in Michigan rests on the strength of the Prosecutor's evidence. Discovery is essential to a successful criminal defense strategy. Discovery is the stage where your Defense Attorney submits a written demand to inspect the evidence, and get copies of all reports. If the Prosecutor refuses to comply with the Discovery Demand, the Court may issue and Order Compelling Discovery, which directs the Prosecutor to release the evidence.

Possible Problems Concerning Choice of Forum Agreements in European Supply Chains

  April 25, 2013     By GRP Rainer LLP
The jurisdiction for the enforcement of claims may depend on whether a choice of forum agreement was reached between the parties.

The Cheapest Way to Divorce

  April 24, 2013     By The Law Offices of Scupp & Berman, LLP
The typical divorce process is very expensive and can cost upwards of $15,000. Using the method of divorce mediation instead, couples can save both time and money while ending their marriages.

Government Involvement in a False Claims Act Case

  April 23, 2013     By The Whistleblower Law Firm
Blowing the whistle on fraud that is committed at the expense of U.S. taxpayers is, generally, governed by the federal False Claims Act. The Act allows a private citizen to step into the shoes of and pursue a claim on behalf of the government.

No Impact on Whistleblower Claims after Off-Label Drugs Ruling

  April 19, 2013     By The Whistleblower Law Firm
Although off-label prescription drugs are involved in many False Claims Act cases, the Second Circuit Court of Appeals recent decision looks unlikely to have any major impact on whistleblower lawsuits.

Whistleblower Rewards: A Reason for Taking a Risk

  April 19, 2013     By The Whistleblower Law Firm
There are risks to blowing the whistle on illegal, corrupt or fraudulent business practices, but there are also protections and incentives built into the process as well.

Enforcement of Foreign Judgments in Turkey

  April 16, 2013     By Cindemir Law Office
This article aims to explain Enforcement Procedure and Conditions in Turkey. International private and civil procedure law of Turkey and Turkish Procedure Law are the main laws governing the procedure of enforcement of Foreign Judgments in Turkey. In this article, we’ll guide our readers based on the provisions of these laws. It is also important to note that Turkey ratified Convention on the Recognition and Enforcement of Foreign Arbitral Awards which apply to the cross-border enforcement.

Formal Requirements for Filing an Action Must Be Strictly Observed - Germany

  April 16, 2013     By GRP Rainer LLP
In its ruling of 7 December 2012 (AZ: 6 K 1736/10), the Rhineland-Palatinate Finance Court ruled that filing an action by e-mail may also be permissible without a qualified electronic signature.

The Effect of Government Intervention on a Whistleblower Award

  April 11, 2013     By The Whistleblower Law Firm
The False Claims Act was designed to provide an award to encourage potential whistleblowers to come forward and take steps to stop the waste of taxpayer dollars.

Motorcycle Crash

  April 11, 2013     By Howard Roitman & Associates
Motorcycle safety concerns many aspects of vehicle and equipment design as well as operator skill and training that are unique to motorcycle riding.

Liability of Directors in Canada - An Excerpt

  April 10, 2013     By Ellyn Law LLP
This an excerpt of the Canada chapter of International Liability of Corporate Directors, 2nd ed., Juris Publishing, Feb. 2013. Parts of the full chapter are excluded, including, offering corporations, corporate reporting, role of securities commissions, insider trading, prospectus violations, loans and liability insurance and indemnification. Please consult the full chapter. Information only not legal advice.

The Enforcement Order Procedure Can Serve to Simplify the Enforcement of Claims - Germany

  March 28, 2013     By GRP Rainer LLP
The procedure of enforcement orders can potentially be a simple and cost-saving alternative for businesses to enforce claims for payment.

Civil Litigation Procedures in Ontario, Canada

  March 27, 2013     By Ellyn Law LLP
This summary of Civil Litigation Procedures was prepared on the on the occasion of the 2012 Annual Conference of the International Network of Boutique Law Firms in Rancho Palos Verde, CA on Oct 12-14, 2012. The law and procedure are similar but not identical in the Canadian common provinces and territories but differs in Quebec which has a Civil Code. This summary is not exhaustive and is not intended as legal advice.

Effective Advocacy in Commercial Arbitration

  March 27, 2013     By Ellyn Law LLP
With the proliferation of international commercial arbitration and business arbitrations locally, a large body of rules, protocols, laws and conventions - formal and informal -- have developed. Litigation lawyers cannot assume they know the ins and outs of arbitration without learning how the details. This article reproduces the power point slides of a presentation made by the author at an Arbitration Advocacy seminar in October 2012. They are for information only and not legal advice.

Does a Heter Iska Increase the Risk of Litigation? - Canada

  March 25, 2013     By Wagner Sidlofsky LLP
Many Orthodox Jews involved in commerce face a challenge in complying with the Biblical prohibition against charging interest. Recognizing the problem the Rabbis created a legal document recharacterizing the "loan" as a commercial agreement & lender as an investor and the interest as shared profit. This agreement is called the Heter Iska. Given the different rights that flow from a loan the author poses the question -is there a litigation risk to a lender who signs a Heter Iska?

Sexual Harassment - How Safe Are You at Work?

  March 25, 2013     By Jayadeep Hari & Jamil
A survey showed that 7 out of 10 female employees were sexually harassed at their workplace. So, how safe are you at work?

The Role of Arbitration in International Business

  March 24, 2013     By Ellyn Law LLP
International commercial arbitration is the most common method for resolving disputes arising from agreements between businesses from different countries. In this presentation, the author describes the systems and procedures applicable to international commercial arbitration and helps business people understand what to expect.

Criminal vs. Civil Charges

  March 11, 2013     By Fisher & Talwar
A cab driver was taken to the hospital after being assaulted and battered by a customer who didn’t want to pay his fare. According to reports, the driver of the cab had just finished dropping off four customers when one of the customers pulled a handgun and used it to strike the cab driver in the head.

Oral Promises as Contracts

  March 11, 2013     By Fisher & Talwar
The former CFO of Sterne Agee Group, Inc is suing the Alabama based investment bank for breach of contract, among other allegations. According to court documents, former CFO Brian Barze worked as the CFO of another company which was grooming him for a CEO position when Sterne Agee approached him about the CFO position at its own company.

Lawsuit Settlement Funds: Pay Your Bills with Pre-Settlement Loans

  March 10, 2013     By Brent Adams & Associates
Lawsuit settlement funds allow victims to get money through means like pre-settlement loans with the help of a Dunn accident injury attorney. Get your money quickly.

Poorly Designed Headlights Leave Many Porsche Drivers in the Dark

  March 2, 2013     By The Whistleblower Law Firm
In less than a minute, the high-end headlights could be popped out with a screwdriver, leaving owners and lessees with vehicles that can’t lawfully be driven and that cost thousands of dollars to repair.

Technology in Litigation and its Cost Saving Ways

  February 12, 2013     By Olender Legal Solutions, Miami Court Reporters
Technology has become a staple in today’s legal industry by shaping and changing the way business is conducted.

Personal Injury Claims - How to Protect the Client after Settlement - Canada

  February 11, 2013     By Wagner Sidlofsky LLP
Car accident victims suffering from a catastrophic injury often cannot conduct their own affairs. If there is no power of attorney Court’s must approve both of the person being appointed as Guardian & the management plans. Any settlement agreement with the insurance company must also be approved by the court. To that point the system in Ontario effectively protects the best interests of the incapable person. The question is – what about afterwards?

Warranty Claims in Sale of Goods Law - Germany

  February 11, 2013     By GRP Rainer LLP
The Federal Court of Justice recently ruled on when a buyer has purchased a so-called “lemon” („Montagsauto“) and for this reason is able to revoke a concluded purchase agreement without setting a grace period.

2 Steps to Take When Served with a Summons and Complaint

  February 7, 2013     By Fisher & Talwar
Owning a business is not without certain legal risks. Businesses are vulnerable to the perils of being served with a business litigation summons and complaint at any time. Customers can think of all kinds of reasons to bring a lawsuit against a business.

Ontario Canada Limitation Periods - When is a claim Discovered?

  February 5, 2013     By Wagner Sidlofsky LLP
Arguably, Ontario's Court of Appeal decision, Ferrara v. Lorenzetti Wolfe Barristers & Solicitors [FN i], profoundly changed the law regarding limitation periods. In Ontario claims have to be started before the second anniversary on which the claim is discovered. Some say Ferrara stands for the proposition that a claim is not discovered when an unsophisticated litigant reasonably relies on the lack of advice given by his lawyers that such a claim can be made.

Spoliation: Destruction and Failure to Safeguard Evidence

  February 5, 2013     By Reeves, Aiken & Hightower LLP
At any trial, parties must show evidence to prove their claims. Sometimes, the most effective way, or even the only way, to prove a point is through physical or documentary evidence, e.g. the allegedly defective product in a products case, the weapon actually used in a criminal case, or patient files in a case of nursing home negligence. There are obvious motives to destroy such evidence, and destroying or failing to safeguard such evidence is known as spoliation.

Defective Product Liability Stemming from Failure to Pull Product from Shelves

  January 26, 2013     By The Miley Legal Group
Defective product liability stemming from failure to pull product from shelves may require the services of personal injury lawyers in Clarksburg.

Litigation in Dominican Republic

  January 14, 2013     By Mesa & Mesa Law Firm
The system of civil and commercial liability in Dominican Republic is based on the French Civil Code of 1804. The litigious process is an adaptation of 19th Century French civil procedure legislation with a certain number of updates and modifications.

Absolutly Pure competition

  January 9, 2013     By Cai & Lenard
The global brands can assert the rules of fair competition in Ukraine.

Orders and Awards in Commercial Arbitration and Related Court Proceedings - Canada

  December 4, 2012     By Ellyn Law LLP
The authors discuss the impact of an important decision of the Ontario Superior Court concerning an arbitrator’s jurisdiction to make orders affecting non-parties and related matters. Also discussed is the enforcement of an award under section 50 of the Arbitration Act.

Find a Local Lawyer